My wife entered the United States as a K-1 fiance. She is currently in the United States with a pending application for adjustment of status. However, I just received a job offer from a company in another state. If I take it, we'd have to relocate. Does this create problems with the INS? What forms do we need to submit to let them know we're moving, and can this cause problems with the process?
If the applicant for adjustment of status has moved to another INS district, the District Director in the district where the application was filed has the discretion to either retain the application or transfer it. If the case is retained, everything will proceed as expected. However, if the case is transferred your case may be delayed. Applications to extend your employment authorization will have to be filed in the new district regardless of whether the case is retained or transferred.
I don't know of a specific form to use in this situation. Your wife should be able to send a letter to the INS district office, quoting her file number, which notifies the INS of her change of location. The letter can also request that they retain the file.
I am an Indian National on H1-B in the process of obtaining my U.S Green Card (waiting on my I-140 approval). I would like to know if I can start and run a business on a part-time basis. I will continue to stay with my current employer until I receive my Green card.
Your H-1B is only valid for employment with your current employer. You cannot start and run a business, even on a part-time basis, unless you have proper authorization. Unfortunately, you cannot hold more than one visa category at a time. You would have to seek another H-1B, which does not permit self-employment.
However, once your I-140 is approved and you have filed your I-485 adjustment of status application, you can apply for a blanket employment authorization that permits you to work for anyone. You should be able to seek part-time employment in addition to your full-time employment during this time.
I entered the United States in April 1992. My F-1 visa expired a year ago but I still have a valid I-20. I am currently attending a 5 year program in Philadelphia as a full-time student. Is it okay to stay in the United States without an F-1 visa with a I-20 that has not expired? I heard that if I don't re-issue my visa within a year after my old one expires, I am not eligible for a new visa for 10 years. Is this true?
It is perfectly acceptable to stay in the United States without an F-1 visa. A visa is only required for admission to the United States. Once you enter under your visa, as long as you maintain your status while in the United States, it will not matter if your visa expires. However, if you leave the United States you will not be permitted to re-enter the United States without a new visa. The only exception is if you travel solely to contiguous territory for a period of 30 days or less. You can read about this exception here.
The other rumour you heard about having to re-issue your visa within a year is not correct. They were probably referring to the 10 year bar that applies after 12 months of unlawful presence in the United States. If you are maintaining your status (if your I-20 is still valid, you probably are), you are not unlawfully present. You can read about the 10 year bar here.
I am a student from Thailand and would like to apply for authorization to work off campus because of financial difficulties. Will this affect my eligibility for optional practical training when I graduate?
As already stated in my F-1 article, a recent amendment to the INS regulations has made it easier for students to obtain employment authorizations in some cases. They amendments relate to on-campus employment and off-campus employment which are already discussed in the F-1 article. They do not relate to curricular or optional practical training. Consequently, if you seek and obtain off-campus employment on the basis of severe economic hardship (as contemplated by the amendment), your eligibility for optional practical training will not be affected.