Search the FAQ Archives

3 - A - B - C - D - E - F - G - H - I - J - K - L - M
N - O - P - Q - R - S - T - U - V - W - X - Y - Z
faqs.org - Internet FAQ Archives

Immigration (USA) FAQ: periodic postings and archives (part 1 of 6)

( Part1 - Part2 - Part3 - Part4 - Part5 - Part6 )
[ Usenet FAQs | Web FAQs | Documents | RFC Index | Business Photos and Profiles ]
Archive-name: us-visa-faq/part1
Last-Modified: 21 December 1998

See reader questions & answers on this topic! - Help others by sharing your knowledge
The USA Immigration FAQ is maintained by
Rajiv S. Khanna [rskhanna@immigration.com]

Frequency: This will be posted twice every month [1st and 3rd week] on
	   news.answers, alt.answers, alt.visa.us and misc.immigration.usa.


If you have access to the Web you can access the FAQ
from http://www.immigration.com

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers/us-visa-faq.
To get this FAQ by E-mail, you should send a message to
mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part1
in the body of the message. Make sure you don't have a signature
in body of the message.

To get the entire FAQ [which includes the answers to the questions from
this FAQ] by email, you should send a message to mail-server@rtfm.mit.edu
with
        send usenet/news.answers/us-visa-faq/*
in the body of the message. Make sure you don't have a signature
in body of the message. The above instruction *work*, I have
tried them, if it doesn't work get local help before sending me an email.


IMPORTANT IMPORTANT IMPORTANT NOTE !!!
--------------------------------------
If you don't have access to alt.visa.us and you wish to ask a question
related to immigration then send your query to alt-visa-us@cs.utexas.edu
Please try to be brief and try not to exceed 72 columns when you type in
the message. Mention in your message that you don't have access to
alt.visa.us newsgroup and people should respond to you directly.

Individuals are encouraged to submit corrections, questions and answers
to rskhanna@immigration.com directly.  In many answers below, submitters
are noted in parentheses at the beginning of comments.  (Comments may be
slightly edited.)

"WE CLAIM NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION.
APPLICATION OF LAW CAN VARY  DRASTICALLY ACCORDING TO THE FACTS OF A
PARTICULAR CASE.  THE FAQ IS NOT  MEANT TO BE SPECIFIC LEGAL ADVICE.  IT IS
ONLY A STARTING POINT.  MUCH OF THE INFORMATION CONTAINED IN THE FAQ IS
PROVIDED BY LAYPERSONS.  PLEASE USE YOUR OWN JUDGMENT."

This article includes answers to the following questions. Questions
marked with a <<New>> indicate questions new to this issue; those with
significant changes of content since the last issue are
marked by <<Changed>>:

Welcome to alt.visa.us, a newsgroup for discussion of non-immigrant
and immigrant visas to USA.  This message is followed by five others,
each summarizing a set of "frequently asked questions" (FAQs):
    FAQ 2: General questions                           (part2 of 6)
    FAQ 3: H-1B visa                                   (part3 of 6)
    FAQ 4: J Visa---Canada Special                     (part4 of 6)
    FAQ 5: F, Practical training, K, L & Visitors Visa (part5 of 6)
    FAQ 6: Green Card, GC Lottery  & Citizenship       (part6 of 6)

Q1:-What evidence do I need to present to show bona fide non-immigrant
    intent?

Q2:-Who can apply for K visa?

Q3:-Can one work as a consultant for more than one company while on F-1
   practical training?

Q4:-If one can work on two jobs, is the person allowed to work for more
  than 40 hours per week as combined total time for the two jobs?

Q5:-If my current F-1 visa has expired, is it possible to obtain
        F-1 visa from Canada/Mexico?



Q6:-What status will my spouse receive?

Q7:-What should I do if I am out of status on my F-1?

Q8:-What are the options for off-campus employment?

Q9:-What are the procedures for pursuing on campus employment?

Q10:-What if I am changing educational programs but remaining at the same
    school?

Q11:-How do I obtain a K visa for my fiance(e) (who is not currently in
   the US)?

Q12:-Is it difficult to change from another non-immigrant visa category to
    student status?

Q13:-Can a person keep two jobs while on F-1 practical training, considering
   both jobs are in the same field of study?

Q14:-Can I apply for a social security number on a B1/B2 visa?

Q15:-What financial requirements must be met to receive an F visa?

Q16:-What are the procedures for applying for an F-1 visa?

Q17:-What if I am unable to complete my program by the time indicated on my
    I-20AB?

Q18:-Am I in status if I do not study during my schools summer vacation.

Q19:-Must an F-1 student be studying on a full-time basis?

Q20:-How long can I stay on an F-1 visa?

Q21:-Can I pursue an F-1 visa if similar training is available in my home
    country?

Q22:-Can other non-immigrants pursue studies in the U.S.?

Q23:-Who can apply for an F-1 visa?

Q24:-Can I transfer schools on the same F-1 visa?

Q25:-What happens, if one of the subsidiaries (either in the United States
   or in the foreign country) goes out of business?

Q26:-Can the immigration officer at the port of entry (or any other
   INS officer) cancel the B1/B2 visa?  If so, on what grounds?

Q27:-How can I extend a visitors visa?

Q28:-Dear Rajiv, we are expecting a baby and would like our parents to
     visit.  What documents do we need to send them for a tourist visa.

Q29:-What documents should I send to sponsor for a visitors visa?

Q30:-Do you need a lawyer to get a L-1 visa.

Q31:-What's the cost for a L-1 visa?

Q32:-Is an F1 visa holder permitted to start their own business
   in the US (as a sole proprietorship or corporation)?  Is
   some sort of a INS permit required?

Q33:-Does this mean I have to leave the United States?

Q34:-How long does it take to get a K visa?

Q35:-Can I apply for a L-1 classification?

Q36:-Can dependents of L-1 come to USA?

Q37:-For how may years is L-1 visa issued for?

Q38:-What is needed for the petition?

Q39:-In case I want to escape the trap with the involuntary termination, if
   my company goes out of business, can I switch to a different kind of
   visa (e.g., to an H-1B) at any time?

Q40:-How long is it good for?  What are the conditions?

Q41:-Who qualifies for a L-1 visa?
   [Modified by Rajiv S. Khanna, rskhanna@immigration.com]

Q42:-Can I do this myself, or do I need a lawyer?

Q43:-How much will a lawyer charge?

Q44:- How will I know the petition is approved?

Q45:-What is needed after petition approval?

Q46:-What is needed at the interview?

Q47:-Are there any special requirements depending upon local customs in a country (Ukraine)?

Q48:-What is L-1 visa?
   [Modified by Rajiv S. Khanna, rskhanna@immigration.com]

Q49:-Do you have any information about consular procedures
        in Madras, India?

Q50:-What are the formalities for translation of foreign language documents?

Q51:-Can E-mailed ASCII text (without signatures) be used for translations?

Q52:-Rajiv, is there a list of evaluation agencies, recognized by DOL and INS?
    I'm trying to do evaluation of my education, but I am not sure that
    DOL and INS will recognize it. If there is a list of these accredited
    agencies, how can I obtain one?

Q53:-Citizenship information

Q54:-I am a legal P.R. in the United States from China.  When I saw CNN's
Nation Within program on TV tonight, an INS officer said that an immigrant
in the United States is not protected by constitution or has not constitution
right.  Is this true?  If this is true, then it is legal to discriminate a
legal immigrant.  Please give me an answer.

Q55:- Can you clarify the sub-sections for denial of visas?

Q56:-I am a GC holder. If I move do I need to notify INS about my change
        of address?

Q57:- What is the phone number of US Consulate in XXX?

Q58:-What are the numbers for "Ask Immigration" Telephone Information
   Systems operated by INS.

Q59:-Can I find out BEFORE making application to INS if FBI check will reveal any
        criminal history in my background?

Q60:-Are there any books regarding Immigration?

Q61:-What is the fee for XX?

Q62:-What is form XXX ?

Q63:-Is there a internet site from which I can download any info
    regarding immigration?<<Changed>>

Q64:-What is this FAQ about?

Q65:-Are there any lawyers who can be reached by email?

Q66:-Are there any mailing lists?

Q67:-How to select an immigration lawyer?

Q68:-What is AILA (Am. Imm. Lawyers Assn.)?

Q69:-Is there a list of "recommended lawyers" ?

Q70:-Which is the best time to change this maiden name to the
   married name and how to go about it?

Q71:-Does the employer need to show the company's finances?

Q72:-At what point spousal petitions can be attached to the forms
    I-140/485 ? I-140 part 7 clearly asks for a list of dependents. Can
    a person file I-140, get married and then petition for his/her spouse
    on the I-485?

Q73:-Dear Rajiv, a friend of mine, who doesn't have access to the net, is
     a computer consultant
           - on an H-1B visa,
           - has obtained his labor certification,
           - and is about to file his I-140.

Due to budget constraints at work, his contract with his current client
is soon to be terminated, and he is looking for another project with the
same client.  If he has to move to another work site in the same state but
has the same employer, does he have to file for labor cert. again?



Q74:-Would requiring a BS with 2-3 years of experience change the preference
category of my labor certification  process?

Q75:-What is the statute of limitation on labor certification?
   ( Once LC is obtained how long is it valid before applying for
    the green card)

Q76:-Should I apply for GC together with the H-1B, or after I get the H-1B?

Q77:-If one were waiting for a GC date to become current,
   after one got one's labor certification AND the 6 year
   limit on H-1B expires while waiting, will one have to
   leave the country ?

Q78:-Will my spouse qualify for greencard with me even if she is on a
    non-dependent visa like F1 ?

Q79:-A friend of mine had got the labor certification and while waiting
     for his date became current, he get laid off from his job.
    Could you please tell me is his labor certification still valid
    for GC application?

Q80:-Will all the GC wait come to a naught in this case , or can
   one wait for it outside the country ?

Q81:-When Labor Certification has been received, is H-1B still the
   operating visa, or do you fall under some new status ?

Q82:-Can one apply for GC through an employer while on H-1 for
   another employer?

Q83:-What are the 'additional' things that I need to address, and take
account of before filing the advertisement and starting the LC process?

Q84:-If the second category (EB 2) also needs the labor certifications(except
in cases of national interest), what is the benefit of this over
applications in the third category? Is this somehow related to the
'fast track' approval of some LC applications by the DOL?

Q85:-How do I check the status of a labor certification pending with
    the U.S. Department of Labor?

Q86:-If I am working for Company "A" through another Company "B" which has
  started my labor certification process i.e. Ad in newspaper is done and
  I am waiting for the Labor Certification from the Dept. of Labor but in
  the meantime I got a job offer directly from company "A" and in this
  case will the labor certification filed by company "B" valid since the
  job description is same or do I need to start all over again and get a
  new labor certification ?

Q87:-How long does an employee who receives GC through Labor Cert. have to
   work after getting the (actual) green card before changing to another
   job? I find this a very interesting question in today's dynamic
   job market. Would you please kindly give me some advice on this issue.
   You help is greatly  appreciated.

Q88:-Can an applicant qualify for a GC without going through
   Labor Certification?

Q89:-Is a job offer necessary for the above classifications?

Q90:-Where can I get details about the rules and regulations pertaining to
   the employment based immigration classifications?

Q91:-Thanks for maintaining the USA Immigration FAQ:
   I have a few unanswered questions.  I am planning to
   submit a petition based on immigrant classification as
   an alien of extraordinary ability. What are the major steps
   (milestones) towards obtaining the GC after you submitted
   the petition?  What is the typical duration of each step if
   the petition is based on extraordinary abilities?

Q92:-I have seen many people pre-advertise for a position (i.e. not get the
    job opening approved before hand) and thus save a significant period of
    time in getting the LC. From what I gather, people seem to have a fair
    amount of success in this.
    However, my company lawyers are strongly opposed to it. DO YOU KNOW WHAT
    THE SUCCESS RATE OF THIS IS? Is it any different in NY from other places
    like DC area?

Q93:-New York
--------
Will it be useful for the employer to document recruitment efforts
beyond this job?

Q94:-Mr. Khanna, as a follow up to the above question, in which step do
      you need your dependents to be in the U.S?
        (in the interview?).

Q95:-Chicago
-------
Will you deny any RIR application where there are any special
qualifications required.

Q96:-I am currently holding an H-1B visa. If I decide to apply for a green
card,what are the steps I need to follow? Does it take less time if I am
working for     a university?

Q97:-How many days/weeks/months does it take to get a Labor Clearance
   for GC?

Q98:-What is "Reduction in Recruitment (RIR)?"

Q99:-Will you deny any RIR application where there are any special
qualifications required.

Q100:-Will you permit variations between the job description on labor
certification and the advertisement?

Q101:-Will it be useful for the employer to document recruitment efforts
beyond this job?(Chicago)

Q102:-How many days/weeks/months does it take to get a I-485
        approval?<<Changed>>

Q103:-New York
-------
Will you deny any RIR application where there are any special
qualifications required.

Q104:-What are is the DOL actually looking for when it goes through the labor
  certification process?



Q105:-New York
-------
Will you permit variations between the job description on labor
certification and the advertisement?

Q106:-Philadelphia
-------------
Will you deny any RIR application where there are any special
qualifications required.

Q107:-Philadelphia
-------------
Will it be useful for the employer to document recruitment efforts
beyond this job?

Q108:-Philadelphia
-------------
Will you permit variations between the job description on labor
certification and the advertisement?

Q109:-What is "priorty date?"

Q110:-How many days/weeks/months does it take to get a I-140 approval ?

Q111:-Can netters please provide their experience in adjustment of status
        (I-485) interviews)?

Q112:-What is involved in the labor certification?

Q113:-I am currently on an H1-B visa on behalf of a Software company. I have a
B.S degree in Electrical Engineering and about 8 years of professional
experience in this area.  I am about to begin the process of applying for
Labor Certification. I have 'heard' that not having a Master's degree may
prove a hindrance to  my case for LC. ( The job only required a B.S as the
minimum degree with 2-3 years of experience when I applied for it).  What if
any impact would my Educational qualifications ( only BS ) have in the DOL
processing my application?

Q114:-Will you permit variations between the job description on labor
certification and the advertisement?(Chicago)

Q115:-How strong must my English skills be to qualify for the F-1?

Q116:-If the employer lays-off the employee to avoid payment of the agreed or
    the promised salary (as stated on the Labor Certification or the Job Ad.)

Q117:-What are the requirements for U.S. Citizenship?

Q118:-Under what conditions can I be denied U.S. citizenship?

Q119:-Under what conditions can my citizenship be revoked?

Q120:-Are all aliens in the United States who are out of status now
    eligible to apply for adjustment of status to permanent residence?

Q121:-Is there an estimate of how many such foreign nationals are eligible
    to apply for permanent resident status?

Q122:-Who can apply for U.S. citizenship?

Q123:-Aren't you making it easier for foreign nationals who came here
    illegally to obtain green cards?

Q124:-US Citizenship
                      --------------

What is the time-frame to get U.S. citizenship if the spouse is
   an U.S. citizen?

Q125:-Why was this provision added to the Appropriations Act?

Q126:-Doesn't the new adjustment of status provision in the INS Fiscal
   Year 1995 Appropriations Act create another amnesty program
   for illegal immigrants?

Q127:-Do permanent residents need to apply for a visitors visa to visit Canada?

Q128:-What should I do if I don't have my birth certificate?

Q129:-Under what circumstances can a Permanent Resident Visa be revoked.

Q130:-Can a Permanent Resident Visa be revoked for any of the above stated
    reasons?

Q131:-Specifically what types of foreign nationals are affected by this
    new provision?

Q132:-Will I lose my permanent resident status or will I be penalized if I have
not yet applied for the new I-551 Green Card?



Q133:-Another followup, if you are granted an interview, can you postpone
   it until your dependents can join you.

Q134:-Will it be useful for the employer to document recruitment efforts
beyond this job?

Q135:-Do priority dates still matter? Can aliens, regardless of priority
    dates, now immediately apply for adjustment of status?

Q136:-I ( US Citizen) need to petition for a US greencard for my parents
    who are right now in Venezuela.
  Q 1. Once the application step is begun, is it TRUE that parents must
       remain where they are at? Does this apply to third countries like
       Venezuela? I am petitioning for my parents and they are in Venezuela.
      So they can't leave Venezuela?

Q137:-Q 2.Is there a distinction between petition form and
    application form? For immediate relative case, is the
    I-130 the petition and application form or is it just
    the petition form?



Q138:-For immediate relatives, is it really required to produce
    birth certificates of the parents? (I am US citizen and
    have my birth certificate, but they are Indian and don't have
    birth certificates)

Q139:-When can I apply for U.S. citizenship?

Q140:-How do I know if I need to replace my Green Card:

Q141:-Where can I get some information on dual citizenship?<<Changed>>

Q142:-If I apply now, where do I go to apply and how long will it be before I
receive my new Green Card?

Q143:-What if I cannot afford the application fee, or I am ill or disabled
and cannot go to my local INS office?

Q144:-Do I have an alternative to applying for a new Green Card?

Q145:-If  I am about to apply for a new Green Card or if I have already
applied for my replacement Green Card or for citizenship what  can I use to
maintain proof of permanent resident status until I receive my new Green
Card or until I become a US citizen?

Q146:-After March 20, 1996, what will happen if I present an old Form I-151
Green Card when I try to reenter the United States after traveling abroad,
or when I obtain a new job, or when I apply for entitlement benefits?

Q147:-GC Lottery
                     ----------
Provide Info about the GC lottery
Diversity Visa Lottery 1998 (DV-98)

Q148:-Do I have to replace my Green Card?

Q149:-What supporting documentation must be submitted to demonstrate
   the national interest?

Q150:-And, I had heard that there was a bill up for vote.  Do you have
   any information on this?

Q151:-What is the waiting period for such cases [2A category]?

Q152:-What are the various categories of "Preferences" ?

Q153:-I have filed an application for change of status. I have a
   non-immigrant visa [e.g. H-1B] which will expire next week.
   Most likely I will not be called for my GC interview before
   next week. Should I file for an extension of my non-immigrant
   visa [e.g. extension of H-1B visa] ?

Q154:-What are the recent INS proposals regarding the NIW?

Q155:-Can I change employers before my GC interview if my I-140 is approved on
   the grounds of a national interest waiver (NIW)?

Q156:-What is the time-frame to get a GC if the spouse is an U.S. citizen?

Q157:-What form should I file to seek the national interest waiver of the

    job offer and labor certification requirements?

Q158:-How are the national interest waiver cases adjudicated?

Q159:-Which fields have the greatest chance of success for the NIW?

Q160:-Please discuss the consequences, immediately after obtaining
    immigration (meaning within a day or two).

Q161:-What are the conditions that need to be satisfied to be in the
   national interest?

Q162:-Can citizenship once granted be revoked?

Q163:-What is the national interest waiver (NIW)?

Q164:-Summary of Green Card Interview in Newark, New Jersey

Q165:-If your dependents cannot join you for some reason, can you still
        get the GC just for yourself - and apply for the GC of your
        dependents later on (even if your original petition has included
        your dependents).  How long will the latter process take?

Q166:-Who files the petition in a national interest waiver case?

Q167:-Do I need to be a permanent resident to get Social Security benefits?

Q168:-How does an individual qualify for the national interest waiver?

Q169:-Does a parent (green card holder) who has filed for a green card for
   his/her unmarried child who is under 21 years of age, have to file
   another petition if the child turns 21 while waiting for the green card?

Q170:-How do I maintain my Green Card if I am traveling abroad for an extended
period of time.

Q171:-What are the current requirements of your stay in US to be able to
   retain the Green Card.

Q172:-Why should I become a U.S. citizen?

Q173:-Is it safe to get public benefits?

Q174:-If I am a permanent resident, can I get public benefits?

Q175:-Do I have other responsibilities?

Q176:-Can I travel abroad?

Q177:-What are the benefits/restrictions of a U.S. Permanent Resident?

Q178:-After getting stamped in the passport for employment based immigration,
    how long is an employee required to work with the employer that
    sponsored the employee for immigration.

Q179:-What does "current" mean?

Q180:-Do I have to register with Selective Service?

Q181:-Can GC holders sponsor for their parents GC?

Q182:-If I gained lawful permanent resident status (LPR) through a
    previous marriage, can I petition for my current spouse to immigrate
    to the US based on my LPR?"

Q183:-Following question 2 can I become full-time employee
at Y and then continue working for X part-time?

Q184:-Hello Mr. Khanna. I have a question regarding LCA. Is the LCA specific
to a state? For example, can I take an LCA form from one state and fill it
and send the completed form to another state?

Q185:-How many days/weeks/months does it take to get a H-1B?

Q186:-I have a H-1B visa and I want to change jobs. Is it possible
   for my new employer to file for my H-1B without my original
   H-1B document which is with my present employer?

Q187:-How much is the fee for H-1B, H4.

Q188:-I did not get a "Blue" form with my H-1B visa approval notice. Why?

Q189:-Could netters please provide some personal experiences of H-1 multiple
entry visas from (Canada: Halifax, Montreal, Quebec City, Toronto,
Vancouver ---- Mexico: Juarez)?<<Changed>>

Q190:-I am full time employee at X on H1 visa. When I get
   new H1 for company Y, does the old H1 gets automatically
   canceled or is it valid till I actually resign from X?

Q191:-How do you prove that you qualify for the job?

Q192:-My H-1B is up for renewal after three years . It was received without
    the DOL Clearance that is required now a days. Will the renewal need
     such a clearance from DOL ?

Q193:-Is there any special requirement to get H-1B ?

Q194:-If my company is bought by another company is my H-1B visa still valid?

Q195:-I am coming up on the second three year extension on my current
   H-1B visa. If I change employers 3 months into the extension, will
   I be able to use the remaining 2yrs 9 months with another employer
   on a new H-1B ?

Q196:-Should I wait for my H-1B approval before I join the new job?

Q197:-During the process of H-1B visa, suppose if I get a better job
   what happens ?

Q198:-Having H-1B visa with one company, can I work some where else
   also, like part time job ?

Q199:-Can I get a H-1B visa for a part time job?

Q200:-Say, if my employer in US has got H-1 visa approval from INS, does that
    ensure that I can get H-1 visa ?<<Changed>>

Q201:-What forms are needed for H-1B visa and where can I get it?

Q202:-Does the lawyer need to reside in the same city/state where I live?

Q203:-How much does it cost to hire a lawyer for a H-1B visa?

Q204:-Do I need to hire a lawyer for H-1B/GC?

Q205:-So what the heck is an "H-1B (or H-1)?"

Q206:-How did you get the present job?

Q207:-Can you get fake degrees in India?

Q208:-If my employer has got H-1 visa approval, can I apply for
visa either in Korea or in Japan ? does that matter ?

Q209:-If an individual starts processing an H1-B through one company while
working for another through an H1-B and leaves the current company
before the new H1-B is approved, how much time can individual stay
in the US?

Q210:-Can I submit a LCA, then resign and then stay in US legally? or do I
    have to wait till I get LCA certified, file a petition for H1 and then
    resign to stay in US?

Q211:-Can someone on H4 take up an assistantship after being admitted to school based on the fact that he/she has applied for status change to F1 at INS?

Q212:-I am already on H1 from X company and have an offer to work for Y
        company on parttime basis. My question is can I still obtain H1B
        for that company. And would it have any effect on My green card
        processing which has not yet begun.

Q213:-I've seen people who have two H1 visas due to a change in job - now, my
        friend has a problem - she is in India and has a H1 visa for company A.
        She however has not been able to come here due to personal problems. If
        she were to seek a job from some other company B in the US, is it
        required that she must have used her H1 for A before B can process a H1
        for her?

Q214:-I am currently on H1B for the past three years. Next year I plan to
        go to school full-time and hence will have my H1B converted to F1
        student visa). It will probably take me a year and a half to get my
        degree. This means that  I will have been       on an H1B for 4 years and
        then on a F1 for 1.5 years.     My question is, can I get another H1B
        after I come out of school? What will be the duration of that H1B?
        Since the maximum duration of a H1B is 6 years, will my earlier 4 years
        be counted, so that I might get a new H1B for 2 years? Or will I get
        a fresh H1B, unrelated to the the one I have currently?



Q215:-How do I change my status from H4 to F1?

Q216:-What if my spouse has to go back on H4? (If I change a job, etc.)

Q217:-I obtained my bachelors in India and a masters in the US. If I have
a masters from the US, do I still need to show that my bachelors is
equivalent to a US bachelors?

Q218:-My wife has an H-4 visa and she wants to work.  She would like to
obtain an H-1 visa.  Is it the normal procedure or does she need to
do anything different?

Q219:-When employer fires an employee on H1-B visa for whatever reason,
   what will happen to the legal status of the person (employee)?

Q220:-I am currently on an H1-B visa and in the process of getting my
green card.  Can I still apply for a DV-98 visa and if I do, will
it affect my labor certification?

Q221:-My H1-B expires in July 1997. When should I file for my visa extension?

Q222:-What is the individual's status during this time? What is a spouse's
status if on an H-4?

Q223:-If a non-immigrant specialty occupation worker on an H1-B status gets
another employment opportunity with another employer, what steps are
required for the transition from one employer to another? What happens
to the original H1-B petition? Is there a restriction on the employee
not to start working with the next employer?

Q224:-I am an H-1 wishing to start a company. Is it possible?

Q225:-According to H1-B employment law, can an employer change the salary
from the salary documented on H1 application? My employer is doing
contracting business and paid me a lower amount the first month because
it did not have any clients?

Q226:-How many H-1s can an individual obtain?

Q227:-Does the number of H-1 visas obtained by one personeffect the green
card application process?

Q228:-Can you have simultaneous H1-B (One full time and one part time
at the same time working for two different companies)?  If so, is
the six year period calculated for the multiple visas?

Q229:-What documents do I need for H4 visa when applying at US
        consulate ?<<New>>

Q230:-But I think one can get it?

Q231:-If I get promoted do I need to get a new H-1B visa?

Q232:-Is filing for a visa extension the same as filing a new H-1?

Q233:-But just having degree does not prove that you are eligible for the job.

Q234:-How does these Education Evaluators evaluate the education?

Q235:-Can we use the previous LCA in filing for an H-1 extension?

Q236:-But I am sure they don't think about the fake degrees.

Q237:-What is the role of my academic degree in applying for the Labor
   Condition Application or Labor Certification? It is said that
   at present only advanced degree (Master, Ph.D.) can have good
   chance to get approval of the Labor Condition Application or
   Labor Certification. Is that true?

Q238:-(sees it for sometime) Anybody can type it and sign.

Q239:-How much do they pay you?

Q240:-Go to the cash counter and pay the money and get me the receipt right
here.

Q241:-Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico
   or Canada?

Q242:-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?

Q243:-What is the phone number of US consulate in Juarez, Mexico?

Q244:-What documents are needed to get a multiple entry H-1B visa?

Q245:-What is a good place to stay at El Paso?

Q246:-Are there any good eating places near the EconoLodge?

Q247:-Documents for H4 have been sent. If I change jobs should
   I resend a fresh proof of employment from my new employer?

Q248:-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?

Q249:-Can I renew my multiple-entry visa stamp by mail?<<Changed>>

Q250:-What is the difference between Labor Certification and
   Labor Condition Application? I do understand that one is for
   H-1B and the other is for Green Card. Beside this, there must
   be some other difference. What's it?

Q251:-For how many months are the papers sent for H4 valid?

Q252:-Is there a fee for the multiple entry H-1B visa?

Q253:-What is the best means of transportation from the Econoldge to the
   U.S. Consulate and back?

Q254:-What is the best form of transportation from the El Paso airport to the
   Econolodge?

Q255:-Any suggestions for dos and don'ts in Mexico?

Q256:-Do I need to have a Mexican Visa to go to Juarez?

Q257:-What are the different types of H-1 visas?

Q258:-If an interested U.S. Govt. agency sponsors me, will I get a waiver?

Q259:-When can an interested U.S. Govt. agency sponsor me for
   a waiver of the HRR?

Q260:-What are the steps for getting a NORI?

Q261:-Can I change my visa status from J-1 to O-1 (temporary alien
   worker of extraordinary ability) if I am subject to the HRR?

Q262:-Can an interested U.S. Government agency sponsor me for
   a waiver if I work for a private company?

Q263:-How long does it take for me to obtain the waiver once I submit
    my papers to the interested Govt. agency?

Q264:-What is the procedure followed in an IGA waiver?

Q265:-How often can I apply for a waiver?

Q266:-Do I need to hire a lawyer to apply for a waiver?

Q267:-Do I need to submit additional documents to the INS for the waiver?

Q268:-What's a NORI?<<Changed>>
        [Modified by Andrei P. Kirilenko]

Q269:-What happens after the USIA makes a favorable recommendation for
   the waiver of the HRR?

Q270:-How long does the whole process take?

Q271:-How do I go about applying for a waiver?  Do I have to work for
    the sponsoring agency?

Q272:-Does marriage to a US citizen help?

Q273:-Can I pay back the money I got and get out of the HRR?

Q274:-Does a Canadian Landed Immigrant qualify for special treatment
under NAFTA?

Q275:-If I get a NORI, will I get a waiver?

Q276:-How long does it take for the INS to grant the waiver?

Q277:-Who makes the waiver decision?

Q278:-On what grounds can I get a waiver?

Q279:-What are the various type of J-1 categories?

Q280:-What are the obvious options for a US work visa for
a Canadian Citizen?

Q281:-Does a Canadian Landed Immigrant need a visa to attend school in the US?

Q282:-Is there a threshold of money received below which a waiver is
   automatically granted?

Q283:-Do I have to return to my home country?

Q284:-Q: What is the maximum duration that a Canadian Landed Immigrant can
stay in the US without returning to Canada?

Q285:-Q: Does a Canadian Landed Immigrant (Canadian PR) need a visa
to visit the US?

Q286:-Q: Does a Canadian Landed Immigrant need a visa to work in the US?

Q287:-I am a graduate student on J-1 visa. Do I need to have a secured job
   in USA in order to apply for a waiver?

Q288:-Is the J-2 visa holder (spouse and children of a J-1 visa holder)
   subject to the 2-year home residency requirement, too?

Q289:-What are the consequences of seeking an extension of the J-1
   status if the J-1 holder has shown proof of abandoning the exchange
   program?

Q290:-What constitutes intent to abandon the exchange program?

Q291:-Does a J1 have any advantages?

Q292:-What is USIA's address?
   [from Michael Galperin, MYGALP01@ulkyvm.louisville.edu]

Q293:-Does writing to your congress person help?

Q294:-What is the USIA policy regarding approval of J-1 extensions while
        a waiver of HRR request is pending?
        [From Rajiv S. Khanna, rskhanna@immigration.com]

Q295:-Can I reside in my home country and work in another country?

Q296:-Can I petition for change of status from J-1 to H-1 as soon as I
   receive the USIA's recommendation or do I need to wait for the final
   waiver from INS?

Q297:-Can I visit the United States while serving my two-year sentence?

Q298:-Can I apply for H-1B, permanent residency, etc. while serving the
   HRR?

Q299:-What do I need to show after the two years to prove that I
   resided and worked in my home country?

Q300:-I am a PH.D student in the humanities. After I finish my studies, how
    long is my practical training period on J-1? 18 months? 3 yrs.?

Q301:-Will it help me to get a waiver to switch to F-1 visa (rather than
    just to a different sponsor)?

Q302:-One can not appeal a denial to an application for a waiver based on a
    "no objection" statement. Can one apply again on the same grounds?
    Is there any hope of success in such a case?

Q303:-If I win a green card in a lottery, am I no longer subject to HRR?

Q304:-Can I accept a tenure track university position under the premise that
    I will complete the first 18 months on a J-1 visa as practical training, then return to home country for 2 yrs., and then come back?

Q305:-How likely is it that a philosophy graduate will be able to get a waiver
    by having a University tell the Department of Education they need his or her services and "having" the Department of Education apply to USIA?

Q306:-I have already been denied a waiver based on a "no objection" statement.
    Will it help me get a positive response to an application based on a
    "no objection" statement if I am able to demonstrate that a University
    is interested in hiring me?

Q307:-Has anyone been refused a waiver by the INS after the USIA has made a
   favorable recommendation?

Q308:-Can I work for a company of my home country in another country?

-----------------------------------------------------------------
Law Offices of Rajiv S. Khanna
3440 N. Fairfax Drive, Suite D, Arlington, VA  22201
2120 L Sreet, N.W., Suite 210, Washington, D.C. 20037
Voice: (703) 908-4800 Xtn 110
rskhanna@immigration.com OR rskhanna@businesslaw.com

User Contributions:

Comment about this article, ask questions, or add new information about this topic:

CAPTCHA




Part1 - Part2 - Part3 - Part4 - Part5 - Part6

[ Usenet FAQs | Web FAQs | Documents | RFC Index ]

Send corrections/additions to the FAQ Maintainer:
rskhanna@immigration.com





Last Update March 27 2014 @ 02:12 PM