Kavita Ramasami is an Associate Attorney and manages New York/New Jersey offices of the law firm of Smith, White, Sharma and Halpern. She is a member of the American Immigration Lawyers Association and New York Bar Association. She is also the founder of “MITR” which helps abused women in distress.

Q: I recently applied for my H1-B Visa extension and got it till 2005. My wife’s H4-Visa will also expire soon. Should I apply for it now? Also, will be sending my documents for Visa extension. Can I combine my wife’s application for the same with mine without the H4 Visa? Please Advise.- Biju Kumar, Edison, NJ.

A: This is one of the common mistakes made during H-1 extensions. You need to get the H-4 extended when you extend your H-1B. The arrival departure document (I-94) is a very important document and it should be valid. If you send the visa for revalidation, you will get the visa stamped but you will not get a valid I-94. You will have a new I-94 when you extend your visa and you have to file for the extension of H-4 also to get a new valid I-94. The H-4 will be extended based on your H-1B. It is very important to give the H-4 documents for extension to your attorney when you give yours for extension of H-1B visa. Extension of H-4 Visa is equally important.

Q: If my company applies for green card within the next 4 months, how long will it take for my labor certification to be approved? My H-1B Visa is valid till July 2006.

A: This is quite a vague question to answer. Labor certification time frame depends on your state and region. It is not clear as to which state your labor certification will be filed. Each state and regional processing is different. If your labor is pending for more than a year you are eligible for 7th year extension. Assuming your six-year period expires in July 2006, you have enough time. If you apply for labor certification in four months from now you should be okay. Even if it doesn’t get certified before that time you will be eligible for 7th year extension.

Q: I’m now on H4 Visa. I want to start a career in teaching in New Jersey. Which visa is required for the same and how can I get it? - Lakshmi Iyer, New York, NY

A: You need to get a H-1B visa to proceed with your teaching career. You cannot work while on H-4 visa. If you are qualified as a teacher with a good background in teaching, and if you have the certification (praxis), NJ schools may be willing to do your H-1B visa. There are many recruiting/placement companies who can help in changing your status to H-1B and also in placement. It’s advisable however that you check with the schools for the requirements.

Q: I would like to know whether you could go to India from U.S. on valid H4 Visa (without stamping) and come back on Advanced Parole? - Anuradha Kishore, Houston, TX

A: Yes, you can come back using your Advance Parole even though you don’t have your stamping, provided, you have maintained valid status since your entry. If you have maintained valid status, it is better that you come back on Advance parole.