a fun trip. shashi (shashi@silma.com)
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- *I-797 (approval notice) in original. *DO NOT FORGET TO TAKE THE I94 ATTACHED TO IT* (The whole doc. is a letter of approval and an I94 in the bottom of the letter. Contact your lawyer in case you do not find the I94/bottom portion of letter).
- *Valid Passport - I-129 copy (Attorney certified)
- LCA copy also known as ETA9035 (Attorney certified)
- *Visa Photo ( 37mm * 37 mm)
- *Employment verification letter (from HR) saying what you do, how much you make and how imp. you are to the co., etc.
- Letter from boss requesting the consulate to grant you *MULTIPLE-ENTRY* visa for future international travel
- *Degree certificates (original preferred)
- I-20s - Old I94
- VISA fees US$120.00 --------Supporting docs---these help if you have problems.
- SSN card, drivers license
- Latest bank statement
- Latest telephone bill (to show India connection)
- Trans cripts (to prove you did take ballroom-I ;-)
- Tax forms/W-2 copy (to say you have been a responsible person) - Pay stubs and company ID (like badge and B card)
- Company literature
------------------------- Useful phone numbers: --------------------------
Your company HR, your attorney
Cab driver Victor/Marco Garcia's number 915-588-4736 915-680-2941
Hotel La Playa, Juarez, Mexico. (Try a couple of times. Don't give up if you get Ms.Dontspeakenglish on line) (16) 13-71-87 (16) 13-71-88
US Consulate (To verify if they are open on the day of your visit. Try early hours) (16) 13-40-48 (16) 13-40-50 (16) 16-80-80
Q136 Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico or Canada?
A136 You cannot enter the US on an I-94. You must have a valid visa.
Q137 I am current working for IBM on my Practical Training under my F-1 visa. The Practical Training expires in October. I have applied for my H-1 visa. I need to go back to India urgently for a short visit, however my lawyer says that I cannot go out of the US, once my H-1 processing has started. Is this true?
A137 I am not certain why your lawyer said that, but it is NOT TRUE. While many applications are considered abandoned if you leave the country during their pendency, that is not true of H-1. The reason: H-1 is NOT YOUR application/petition.
It is your employer's petition. You can leave U.S. and upon obtaining approval of H-1, go to the U.S. consulate closest to your residence in India, take your approval notice and apply for an H-1 visa. Now, BCIS (INS) does not like it. I think there is a even a regulation that says you must inform BCIS (INS) about the visit. In my humble opinion, there is nothing stopping you.
Q138 Documents for H4 have been sent. If I change jobs should I resend a fresh proof of employment from my new employer?
A138 In case of a new H1-B notification, it's better to submit the new H1-B notification and letter from new employer also as proof; there have been instances where the consulate has called the employer to verify claim of employment. In general, if the job switch over can wait, wait till the visa is issued .
Q139 It is widely understood that a job ad is required for Labor Certification. Some one told me that a job ad is also required for Labor Condition Application but some others told me that it is not necessary. What is the truth? If LCA required a job ad, why is the job ad required one more time later on in Labor Certification? What is the difference?
A139 No job ad is required for LCA. Only internal notices need to be posted by the employer. Additionally, within 24 hours of filing an LCA, the employer is required to maintain certain documentation within their own premises.
Q140 Can I renew my multiple-entry visa stamp by mail?
A140 ] Yes, but note that this is only for renewal or reissuance, not for obtaining the first visa, and note that this is for the visa stamp in your passport that relates to travel permission.
Q141 Before transfer how long the candidate should stay with the original petitioner?
A141 There is no particular length of time required by law. As a practical matter, as soon as you have at least one pay stub, you could move on.
Q142 When somebody is on bench is there any conditions on the minimum payments and how long?
A142 100% of the salary must be paid even while on bench.
Q143 Can the original petitioner impede the transfer or harass the candidate/ not pay at all (note some agents do this dirty business). ?
A143 Other than filing a law suit of some kind, I do not see how.
Q144 Can I travel if I change the status of H1B visa with the petition still pending?
A144 You are legally allowed to travel, but it can be a little risky. Often students have a difficult time traveling and have been known to have a difficult time getting back into the country. It is advisable to postpone travel until after the H1B petition has been approved. In such case, you would obtain the H1B visa abroad and re-enter the U.S. in the H1B status. Please note that after being approved for a change of status to H1B (with an I-94 card at the bottom of the approval notice), you can start working and do not have to travel abroad. However, if at some point you do travel abroad, then you would need the H1B visa stamp in the passport to reenter the U.S. on H1B status.
Q145 Am I subject to the H1B cap if I change status to H1B?
A145 This is possible, if you have never held H status previously, then you are subject to the H1B quota or H1B cap when filing for a change of status to H1B. However if you have held H status in the past six years, you may not be subject to the cap. Please note that since the increase in the H1B quota under the American Competitiveness in the Twenty First Century Act (ACTA), signed into law on October 17, 2000, the H1B cap now appears to be less of a concern than it was even a few months ago. But, if H1B usage increases sharply, this situation could change again.
Q146 Can I apply for H-1 while I am on F-1 ?
A146 Yes, if you have the US equiv. of a Bachelors degree in the subject in which you will work.
Q147 How long does it take to get H-1 ?
A147 Time is highly variable. May be 3-6 months for new H-1, 2-4 months for H-1 transfer/extension and iff you use premium processing program, it will be processed within 15 working days.
Q148 If H-1 is denied do I still have F-1 Status?
A148 Yes.
Q149 If a guy is on H1B visa and working for company "A" and transferred his H1 visa to company "B", but haven't worked for company "B" and in mean while planning to to go company "C". Is it a problem or not?
A149 No problem as long as he is still working for "A."
Q150 We are often asked this question that what are the immigration law consequences of an H-1 or an L-1 holder being temporarily located abroad? For instance, what if an employer wishes an H-1 or L-1 holding employee to work in UK for a while.
A150 A brief overview of these issues.
1. H-1 or L-1 does not prevent an employee from being sent to UK. The employee can continue to be on the employer's pay roll. The employer can make the usual pay roll deductions. The detailed tax implications must be discussed with a tax expert.
2. H-1 or L-1 is needed ONLY if an employee wishes to work within USA. When an employee will work for example in UK, you must consult British laws to decide what kind of work authorization will be needed in UK. IF THE EMPLOYEE IS A BRITISH CITIZEN HE CAN OF COURSE ESAILY WORK FOR A US COMPANY.
Also, if the employee's application for green card is pending, that can continue without interruption. Note, however, that if the application is in the I-485 stage (last step) some special permission from BCIS (INS) may be required. Q151 I have an H1-B that expires in August. When do I need to apply for the extension (3 more years)?
A151 Apply for extension 5-6 months ahead.
Q152 Can I sponsor myself a H-1 through a lawyer of my own (if the company agrees to do so and work for that company?
A152 Yes. But the company does have to pay the $1,000 fees to USCIS (INS). You cannot pay that.
Q153 I came to US with H4 visa stamped on my passport. Now i have changed my status to H1. I wish to stamp this new H1 on my passport to visit India. Can I get it stamped in US itself? Whats the procedure ?How much time it will take?What are the documents I have to submit?
A153 First time H-1 stamping has to be done outside USA.
Q154 Are the chances of obtaining an H-1B for a J visa holder the same as an F-1 holder ? If no, why ? If yes, how can I get a little bit more information about the "J to H-1" process before I condider bringing this mandate to you ?
A154 A. J visas are of two types: a. those that do not have a restriction known as "Home Residency Requirement" ("HRR"); and b. those that do have the HRR restriction. People who hold J-1 with no HRR are on the same footing as F-1. No legal difference between F-1 and J- as far as converting to H-1 is concerned. People who are subject to HRR MUST either go back to their "home country" for 2 years before they can apply for an H-1 OR seek waiver of the HRR. The waiver can be really difficult to obtain in many cases and is time consuming process in all cases (4-10 months).
Q155 My H1 was approved in April 1998 but I didn't enter US till July 2000, so while calculating the 6 yrs of stay in US will the April 1998 be considered or July 2000? Please clarify this doubt as there are many cases like mine who don't know their status.
A155 The time of H-1 is counted from the date you enter USA.
Q156 I had a small question regarding "change of status". If you were a student and used your OPT and then started working on a H1-B visa status and have completed around 3 years on it; and then you decide to go back to school for a Masters or Doctorate; when you graduate and decide to start working, do you get another year of OPT and do you get another round of 6 years for your H1-B.
A156 To reset the H-1 clock you have to physically leave USA for one year.
Q157 I am presently holding a H1B Visa - is there any time bar for me to land in the US ? (Given the present lull in the job scenario, my employer has asked me to wait till a job is available before landing in the US)
A157 There is no time limit.
Q158 If a person initially working for company A, leaves and joins company B and if B were to lay him off, can that person get back to company A if they have not cancelled the persons visa?
A158 Yes, the person can go back to company A provided that Compnay A did not revoke his H-1.
Q159 I am currently on a H1-B visa and my wife is on a H4 visa. At what time in the green card process would she be allowed to work?
A159 When you folks file I-485, usually Employment Authorization is issued within 90 days.
Q160 Myself and my spouse are both on H1B visa. Can both of us apply for the green card separately through our companies (different companies). Of course we will be mentioning that spouse has already applied. But is it allowed?? I though understand that if one of them gets the green card then the spouse automatically gets it. But still can both of us apply?
A160 It is allowed. No problem.
Q161 I am currently working in the US in H-1 status. My father recently expired. Since my mother would now like to spend more of her time in the US, is it possible for me to get her here on a dependent H-4 status? I am single with no dependents. My mother currently has a 10 year multiple entry tourist visa which expires in another 8 years.
A161 H-4 status is not available for parents. Sorry.
Q162 I am a H1B worker with company A. Can I legally work for a Company B thru 1099.
A162 No. Never.
Q163 a)I have a few questions regarding that. If the employer doesnt pay the salary because the person is not on a project then one has to go back to their home country. How much notice period is the employer supposed to provide? (I have 15 days on my offer letter) b)He has to prove the air tickets for the entire family?
A163 a)Immigration law requires no notice from the employer or the employee. If you have a valid contract, both parties are bound by it. If one party breaks (breaches) the contract, they can be sued. But law suits are expensive. Even the smallest law suit could run into thousands of dollars of legal fees. b)No. Only for the H-1 employee.
Q164 Is there a minimum salary requirements for an H1-B1 visa. Recently I was denied an interview for a position by a company, which mentioned that the salary that they could offer for the position would be below the minimum requirements for H1-B1. The position I had applied for was a Marketing Analysts position in San Jose. If there are minimum salary requirements, would you be knowing where could i look it up on the Internet or what would the minimum requirement be for a Marketing Analyst position in No. Cal? A164 There is a minimum wage that must be paid by the employer. This can be obtained from the DOL. Q165 Is H1 visa extension notice I-797 form enough for getting a H4 visa along with other documents. I don't have new visa stamped on my passport. My old visa stamped on passport was expired on march 25, 2001 and I got extension till 2-12-2004.
A165 There is no law that says an H-1 stamp is required to get H-4 visa. BUT as a practical matter, consulates almost always require the H-1 holder to get a stamp first.
Q166 Does the status change or is the H1-B status affected if the spouse uses her EAD ? Does the husband need to apply for an Advance Paroll if the wife choses to use her EAD even though he continues to work on H1-B?
A166 No. Wife's use of EAD has no affect on husband's H-1. No need for advance parole.
Q167 I work in the US and have my H1-B visa. My wife has her H4. She wants to work but does not have work authorization. She found an emploer who would like to hire her, but he did not want to apply for work visa for my wife, but said that when she will have work authorization she will be very welcome at this position. So the question is: is there any way for my wife to obtain a work authorization? How much it could cost? Is it possible to schedule an appointment to discuss all options? And how much will it cost?
A167 She can get H-1 or wait until your green card is in the last stage (I-485) at such time she will also get work authorization.
Q168 I hold H1B visa from August 1996. As per my knowledge, I can stay for 6 years on this type of visa. USCIS (INS) gave me extension this year and I was under the impression that it will be till August 2002. But the approval date came out till January 2004 (which is well beyond 6 years).
A168 You must plan on leaving as per your actual stay. We are not permitted to take advantage of USCIS (INS) mistakes.
Q169 My status is H1 Visa, my wife is canadian Canadiancurrently she is on H 4, and she is going to school, can she work as student with out any changes in her visa stautus? what are the suaitable action need to be taken so that she can work.
A169 On an H-4, a person can go to school. No problem. But if they want to accept benefits like assistantships, they may have to convert first to an F-1. There is no provision in law for an H-4 holder to work. They could convert to another status like H-1.
Q170 I had a query regarding my work status in the United States. If i am citizen or a permanent resident of canada, am i legally allowed to work in the Uni