Newsgroups: alt.visa.us,alt.answers,news.answers Path: bloom-beacon.mit.edu!gatech!howland.reston.ans.net!pipex!uunet!widget!mahesh From: mahesh@evb.com (B.G. Mahesh) Subject: FAQ : alt.visa.us periodic postings and archives (part 1 of 6) Message-ID: Followup-To: alt.visa.us Summary: Frequently Asked questions for alt.visa.us Keywords: FAQ alt.visa.us introduction Reply-To: mahesh@evb.com Organization: EVB Software Engineering, Inc. Date: Thu, 31 Mar 1994 21:50:12 GMT Approved: news-answers-request@MIT.Edu Lines: 229 X-Disclaimer: Any opinions expressed are strictly those of the poster and not necessarily those of EVB. Xref: bloom-beacon.mit.edu alt.visa.us:4306 alt.answers:2278 news.answers:17066 Archive-name: us-visa-faq/part1 Last-Modified: March 31, 1994 Currently, the alt.visa.us FAQ is maintained by B.G. Mahesh [mahesh@evb.com] Frequency: This will be posted twice every month [1st and 3rd week] on news.answers, alt.answers and alt.visa.us. This may be posted often on alt.visa.us every month. Many FAQs, including this one, are available via FTP on the archive site rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this faq is /pub/usenet/news.answers/us-visa-faq/part1. 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 mahesh@evb.com directly. In many answers below, submitters are noted in parentheses at the beginning of comments. (Comments may be slightly edited.) Please note that my employer has NOTHING to do with this FAQ and is in NO WAY responsible for the info in this FAQ. Myself and other submitters are in no way responsible for the info provided in this FAQ. It is not legal advice and should not be construed as such. Contact your foreign student office, the USIA or competent legal counsel. *** Corrections to the information below is highly appreciated. *** This article includes answers to the following questions. Questions marked with a + indicate questions new to this issue; those with significant changes of content since the last issue are marked by *: 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 (part4 of 6) FAQ 5: K, L & Visitors Visa (part5 of 6) FAQ 6: Green Card, GC Lottery & Citizenship (part6 of 6) General ------- Q. What is this FAQ about? Q. Is their a internet site from which I can download any info regarding immigration? Q. Are there any books regarding Immigration? Q: What does XX non-immigrant visa mean? Q. Are there any lawyers who can be reached by email? Q: Are there any mailing lists? +Q: How to select an immigration lawyer? *Q. Is there a list of "recommended lawyers" ? Q. Are there any lawyers you don't recommend ? Q: What are the numbers for "Ask Immigration" Telephone Information Systems operated by INS. Q: Which is the best time to change this maiden name to the married name and how to go about it? +Q: What is form XXX ? Q. Wish List H-1B Visa -------- Q. Do I need to hire a lawyer for H-1B/GC? Q. How much does it cost to hire a lawyer for a H-1B visa? Q. Does the lawyer need to reside in the same city/state where I live? Q. What forms are needed for H-1B visa and where can I get it? Q. Can I get a H-1B visa for a part time job? Q. Having H-1B visa with one company, can I work some where else also, like part time job ? Q. During the process of H-1B visa, suppose if I get a better job what happens ? Q. Should I wait for my H-1B approval before I join the new job? Q. 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 ? Q. My H-1B is up for renewal after three years . It was received without the DOL Clearence that is required now a days. Will the renewal need such a clearence from DOL ? Q. How many days/weeks/months does it take to get a H-1B? Q. How much is the fee for H-1B, H4. Q: I did not get a "Blue" form with my H1B visa approval notice. Why? Q: If my company is bought by another company is my H-1B visa still valid? Q. Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico or Canada? Q. What documents are needed to get a multiple entry H-1B visa? Q. What documents do I need for H4 visa when applying at US consulate ? Q: For how many months are the papers sent for H4 valid? Q: Documents for H4 have been sent. If I change jobs should I resend a fresh proof of employment from my new employer? Q: Can I renew my multiple-entry visa stamp by mail? +Q: What are the different types of H-1 visas? J Visa ------ Q: On what grounds can I get a waiver? Q: Does marriage to a US citizen help? Q: Who makes the waiver decision? Q: What is USIA's address? Q: What's a NORI? Q: If I get a NORI, will I get a waiver? Q: Is there a threshold of money received below which a waiver is automatically granted? Q: Can I pay back the money I got and get out of the HRR? Q: Can I visit the United States while serving my two-year sentence? Q: Do I have to return to my home country? Q: Can I reside in my home country and work in another country? Q: Can I work for a company of my home country in another country? Q: Does writing to your congress person help? Q: What do I need to show after the two years to prove that I resided and worked in my home country? Q: Can I apply for H-1B, permanent residency, etc. while serving the HRR? Q: How often can I apply for a waiver? Q: Does a J1 have any advantages? K Visa ------ Q: Who can apply for K visa? Q: How do I obtain a K visa for my fiance(e) (who is not currently in the US)? Q: How long does it take to get a K visa? Q: How long is it good for? What are the conditions? Q: What is needed for the petition? Q: Can I do this myself, or do I need a lawyer? Q: How much will a lawyer charge? Q: How will I know the petition is approved? Q: What is needed after petition approval? Q: What is needed at the interview? L Visa ------ Q. What is L-1 visa? Q. Who qualifies for a L-1 visa? Q. For how may years is L-1 visa issued for? Q. Can dependants of L-1 come to USA? Visitors Visa ------------- Q: What documents should I send to sponsor for a visitors visa? Labor/GC -------- Q. How many days/weeks/months does it take to get a Labor Clearance for GC? Q. What is involved in the labor certification? Q. Does the employer need to show the company's finances? Q. Should I apply for GC together with the H-1B, or after I get the H-1B? Q: If I 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 ? Q: Will all the GC wait come to a naught in this case , or can one wait for it outside the country ? Q: When Labor Certification has been recieved, is H-1B still the operating visa, or do you fall under some new status ? Q: Can one apply for GC through an employer while on H-1 for another employer? Q: Can an applicant qualify for a GC without going through Labor Certification? Q: What category spouses of GC holders fall under? Q: What is the waiting period for such cases? Q: And, I had heard that there was a bill up for vote. Do you have any information on this? Q: What is the time-frame to get a GC if the spouse is an U.S. citizen? Q. 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 ? Q: Can GC holders sponsor for their parents GC? Q: 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?" Q: What does "current" mean? GC Lottery ----------- Q: What is DV1 [Green Card] Lottery Program? Q: How does it work and who are not eligible from participating in this program? Q: Who would be eligible under the proposed regulations ? Q: What are the proposed procedures? US Citizenship -------------- Q: What is the time-frame to get U.S. citizenship if the spouse is an U.S. citizen? +Q: Who can apply for U.S. citizenship? +Q: When can I apply for U.S. citizenship? +Q: What are the requirements for U.S. Citizenship? +Q: Under what conditions can I be denied U.S. citizenship? +Q: Can citizenship once granted be revoked? +Q: Under what conditions can my citizenship be revoked? -- B.G. Mahesh | Email: mahesh@evb.com Software Engineer | mahesh@sett.com EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us Newsgroups: alt.visa.us,alt.answers,news.answers Path: bloom-beacon.mit.edu!hookup!usc!howland.reston.ans.net!gatech!newsxfer.itd.umich.edu!uunet!widget!mahesh From: mahesh@evb.com (B.G. Mahesh) Subject: FAQ : alt.visa.us General questions and answers (part 2 of 6) Message-ID: Followup-To: alt.visa.us Summary: Frequently Asked questions for alt.visa.us Keywords: FAQ alt.visa.us general question answers Reply-To: mahesh@evb.com Organization: EVB Software Engineering, Inc. Date: Mon, 7 Mar 1994 16:00:42 GMT Approved: news-answers-request@MIT.Edu Lines: 405 X-Disclaimer: Any opinions expressed are strictly those of the poster and not necessarily those of EVB. Xref: bloom-beacon.mit.edu alt.visa.us:3808 alt.answers:2039 news.answers:16133 Archive-name: us-visa-faq/part2 Last-Modified: March 7, 1994 Currently, the alt.visa.us FAQ is maintained by B.G. Mahesh [mahesh@evb.com] Many FAQs, including this one, are available via FTP on the archive site rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this faq is /pub/usenet/news.answers/us-visa-faq/part2. To get the FAQ by E-mail, you should send a message to mail-server@rtfm.mit.edu with send usenet/news.answers/us-visa-faq/part2 in the body of the message. Please see part1 of this faq for standard disclaimers. Questions marked with a + indicate questions new to this issue; those with significant changes of content since the last issue are marked by *: General ------- Q. What is this FAQ about? A: [from B.G. Mahesh, mahesh@evb.com] This FAQ has some information about J1, H-1B, Green card and other visas. Q: Is their a internet site from which I can download any info regarding immigration? A: PS: If you have any questions about gopher and anonymous ftp PLEASE don't ask me. Ask on news.newusers.questions and/or alt.gopher [ from Ravinder Bhumbla, rbhumbla@UCSD.EDU] NAFSA (the association of international educators) regularly sends out updates about changes in immigration laws to its mailing list, inter-l@vtvm1.cc.vt.edu (you can subscribe by sending mail to listserv@vtvm1.cc.vt.edu). An archive of these updates (which may be useful to you) is accessible by gopher at the following place: Name=NAFSA Updates (Federal Regulations) Type=1 Port=70 Path=1/ON/INTERNATIONAL/ln38nafsa/REGS/UPDATES Host=yuma.ACNS.ColoState.EDU [from B.G. Mahesh, mahesh@evb.com] Look into ftp.cs.umd.edu:/pub/cyrillic/us_visas/* Login as anonymous. If you don't know how to ftp please get some local help. [from Rajiv S. Khanna, rskhanna@access.digex.net] The following documents are available by anonymous ftp on netcom1.netcom.com, netcom2.netcom.com, etc. through netcom9.netcom.com. The documents are found in directory "/pub/rskhanna" and indexed as follows: DV1Proposed F-1M-1Visas K-VisasforFiance E-1E-2Visas H-UsageFor1994 VisaBulletinMarch1994 Files are updated new info on almost daily basis (if there is any new info that needs posting). Please let me have your comments/suggestions on how to improve the information. Q. Are there any books regarding Immigration? A: 1. [from newswatcher, juro@umich.edu and Venerando, rosario@pn83.petnet.med.umich.edu] Immigration Made Easy: The Insider's Guide". Authors: Martha S. Siegel, Laurence A. Canter Publisher: Sheridan Chandler Company, c1991 Tuczon Arizona, USA, 1991-1992 edition. Cost : approx. $90 As far as I know, the book also contains a vast number of forms such as I-129B, IAP-66, I-485, etc., etc. used by INS and consular processing centers. The Sheridan Chandler Company also publishes separate bulletins and info. relating to immigration. Information on how to subscribe to these bulletins is provided on the book itself. NAFSA also has a publication entitled "Adviser's Manual of Federal Regulations Affecting Foreign Students and Scholars". Inforamtion about the book is available via gopher. 2. [from Alberto Molina, alberto@cybernet.cse.fau.edu] Name: Immigration Procedures Handbook Publisher: Clark, Boardman & Callaghan Address: 155 Pfingsten Road Deerfield, IL 60015-4998 Phone: 1-800-323-1336 Cost: $145 + 6.5 percent S&H + state tax 3. [from Eiji Hirai, hirai@cc.swarthmore.edu ] The Rights of Aliens and Refugees: The Basic ACLU Guide to Alien and Refugee Rights_, 2nd edition, by David Carliner, et al. Price : $7.95 + S&H You can ordered it from ACLU Dept L. P.O. Box 794 Medford, NY 11763 4. "Labor Certification Handbook - Companion Volume To: Immigration Procedures Handbook" by Austin T. Fragomen, Steven C, Bell Clark Boardman Callghan, NY 1992 Q: What does XX non-immigrant visa mean? A: [from many-many on the net!] ----------------------------------------------------------------------- | Visa Type | Dependant Visa | Description | ----------------------------------------------------------------------- | A | | Diplomat | | | | Foreign Government Officials | ----------------------------------------------------------------------| | B-1 | | Visitor's visa [Business] | ----------------------------------------------------------------------| | B-2 | | Visitor's visa [pleasure/tourist] | ----------------------------------------------------------------------| | C | | Aliens in Transit Visa | ----------------------------------------------------------------------| | D | | Crewman | ----------------------------------------------------------------------| | E | | Treaty Trader or Treaty Investor | ----------------------------------------------------------------------| | F1 | F2 | Foreign Student Visa, | | | | Dependant cannot work | ----------------------------------------------------------------------| | G | | International Organization Employee | ----------------------------------------------------------------------| | H-1B | H4 | Work Permit [Temporary Worker] | | | | Dependant cannot work | ----------------------------------------------------------------------| | I | | Foreign Information Media[Journalist]| ----------------------------------------------------------------------| | J1 | J2 | Exchange visitor/scholar/post-doc. | | | | Student can work off-campus if | | | | International Student Office gives a | | | | letter of authorization. May be | | | | subjected to 2 year presence in the | | | | home country requirement. | | | | Dependant can work but needs to get | | | | needs to get the permission from INS | ----------------------------------------------------------------------- | K1 | K2 | K1 - for direct fiancee of US citizen| | | | K2 - for children of fiancee | ----------------------------------------------------------------------- | L-1 | L-2 | Intra-Company Transferee | | | | See L1 Visa section of this FAQ for | | | | more details | ----------------------------------------------------------------------- | M | | Vocational Student | ----------------------------------------------------------------------| | N | | Parents of certain Special Immigrants| | | | special immigrant status | | | | (retired officers/employees | | | | previously accorded G-4 visa status) | ----------------------------------------------------------------------| | O | | aliens of extraordinary ability in | | | | the sciences, arts, education, | | | | business, or athletics | ----------------------------------------------------------------------| | P1 | P2 | Renowned artists, entertainers and | | | | athletes coming for internationally | | | | recognized or culturally unique | | | | performances | ----------------------------------------------------------------------- | Q | | Participants in international | | | | cultural exchange programs which | | | | provide practical training, | | | | employment and which involve the | | | | sharing of history, culture | | | | traditions of the applicant's country| ----------------------------------------------------------------------- | R | | Certain religious workers | ----------------------------------------------------------------------- | NATO | | Representatives and staff of member | | | | states to NATO | ----------------------------------------------------------------------- Q. Are there any lawyers who can be reached by email? [from B.G. Mahesh, mahesh@evb.com] A: This is an easy one :-) LAW OFFICES OF RAJIV S. KHANNA Voice: (202) 466-2113 1129 20th Street, NW, Suite 400 Email: rskhanna@access.digex.net Washington, DC 20036-3403 Q: Are there any mailing lists? A: [from B.G. Mahesh, mahesh@evb.com] Yes! send mail to rskhanna@access.digex.net asking him to add you to his visa bulletin mailing list. *Q. Is there a list of "recommended lawyers" ? A: [from B.G. Mahesh, mahesh@evb.com] Rajiv S. Khanna LAW OFFICES OF RAJIV S. KHANNA 1129 20th Street, NW, Suite 400 Washington, DC 20036-3403 Phone : 202-466-2113 Fax : 202-785-1741 Email : rskhanna@access.digex.net [from Th. Bullinger, thomas@idx.kodak.com] Santosh Pawar 1000 East Ave. Rochester, NY 14607 Phone : 716-461-4074 [from Alberto, alberto@cybernet.cse.fau.edu] The Law Offices of Ronald Freeman in NYC, specifically Jenny Nieves at that office. Their phone number is 800-522-5275. [from hirai@cc.swarthmore.edu] Peter T. Baumann, Karren A. DeSeve, Jon Landau 437 Chestnut St. Suite 905 Philadelphia, PA 19106 Phone : 215-925-0705 [from Kannan Varadhan, kannan@catarina.usc.edu] Ms. Deborah Youtsey Bartlett and Weigle Co. LPA 432, Walnut Street, Cuite 1100, Cincinnati, OH 45202. Phone : 513 241 3992 Fax : 513 241 1816 [From Rob Lingelbach, rob@xyzoom.info.com] Steven W. Blalock (Blalock and Gray) 11726 San Vicente Blvd #650 Los Angeles, CA 90049 Phone : 310 447 5665 [from Muralidhar Rangaswamy, mrangasw@cat.syr.edu] Steven A. Clark Flynn & Clark P.C., One Main Street, P.O. Box 25, Cambridge, MA 02142. Phone : (617)-354-1550 Fax : (617)-661-2576 [from an Anonymous person] Mathew Varghese c/o TransNational Legal Services 2108 Adrienne Drive Troy MI - 48498 Phone : 313 879 8559 Fax : 810 879 9680 Q. Are there any lawyers you don't recommend ? A: Please see disclaimer section before you read any further ;-) [From Rob Lingelbach, rob@xyzoom.info.com] Neville Asherson (Asherson & Klein) 9150 Wilshire Blvd. Beverly Hills, CA 90212 Q: What are the numbers for "Ask Immigration" Telephone Information Systems operated by INS. A: [from C. Huda Dodge, dodgec@ucs.orst.edu] INS operates "Ask Immigration" Telephone Information Systems, through which you can access recorded messages about various immigration topics. The information below is taken from the INS brochure on this system (Form M-243). One can access the recorded messages from the following telephone numbers: Albany, NY (518) 472-4621 Newark, NJ (201) 645-4400 Albuquerque, NM (505) 766-2378 New Orleans, LA (504) 589-6533 Anchorage, AK (907) 271-4953 NYC, NY (212) 206-6500 Arlington, VA (202) 307-1501 Norfolk, VA (804) 441-3081 Atlanta, GA (404) 331-5158 Oklahoma City, OK (405) 942-8670 Baltimore, MD (301) 962-2065 Omaha, NE (402) 697-9155 Boise, ID (208) 334-1821 Orlando, FL (407) 826-5870 Boston, MA (617) 565-3879 Philadelphia, PA(215) 597-3961 Buffalo, NY (716) 849-6760 Phoenix, AZ (602) 379-3122 Charleston, SC (803) 724-4350 Pittsburgh, PA (412) 644-3356 Charlotte, NC (704) 523-1704 Portland, ME (207) 780-3352 Chicago, IL (312) 353-7334 Portland, OR (503) 326-3006 Cincinnati, OH (513) 287-6080 Providence, RI (401) 545-7440 Cleveland, OH (216) 522-4770 Reno, NV (702) 784-5427 Dallas, TX (214) 655-5384 Sacramento, CA (916) 551-2785 Denver, CO (303) 371-3041 Salt Lake City, UT(801) 524-5771 Detroit, MI (313) 226-3240 St. Albans, VT (802) 951-6658 El Paso, TX (915) 532-0273 St. Louis, MO (314) 539-2532 Fresno, CA (209) 487-5091 St. Paul, MN (612) 854-7754 Harlingen, TX (512) 425-7333 San Antonio, TX (512) 229-6350 Hartford, CT (203) 240-3171 San Diego, CA (619) 557-5570 Helena, MT (406) 499-5288 San Francisco, CA (415) 705-4411 Honolulu, HI (808) 541-1379 San Jose, CA (408) 291-7876 Houston, TX (713) 847-7900 San Juan, PR (809) 766-5280 Indianapolis, IN(317) 226-6009 Seattle, WA (206) 553-5956 Jacksonville, FL(904) 791-2624 Spokane, WA (509) 353-2129 Kansas City, MO (816) 891-0603 Tampa, FL (813) 228-2131 Las Vegas, NV (702) 384-3696 Tucson, AZ (602) 670-6229 Los Angeles, CA (213) 894-2119 West Palm Beach, FL(407) 844-4341 Louisville, KY (502) 582-6375 Memphis, TN (901) 544-3301 TDD Users: (202) 307-1512 Miami, FL (305) 536-5741 Milwaukie, WI (414) 297-3565 People who don't like electronic answering services should stay away from this system. For quick reference, especially if you live in one of the cities listed, it is really quite convenient. One must push the # of the recording you wish to hear (and in Portland, OR at least, one *must* listen to a message before you can talk to a real person). If you don't know the #, you have to listen to a menu list of options. To make things easier, this "Message Guide" was printed in the brochure: 101 The INS 102 How to report aliens illegally in the US... 103 PRC nationals 104 The INS Outreach program 105 Where to mail applications 106 Reporting your change of address to INS 107 How to obtain copies of documents 108 Immigrant visa availability list 109 Filing appeals and motions 201 Who is eligible for legalization 202 Employer sanctions 203 Family fairness program for legalized aliens 204 Anti-discrimination protection under immigration law 205 How to apply for PR status if resided continuously since 1972 206 Special agricultural worker program 207 Systematic alien verification for entitlements program 301 Filing petitions to sponsor an immediate relative 302 " " to sponsor prospective immigrant employees 303 How and alien in the US can request to change status to PR 304 When a US citizen marries a foreign national outside the US 305 How to file a joint petition...to remove conditional status of PR 306 Immigration benefits for adoption before 16th b-day 307 Orphan petitions 308 Application for asylum in the US 309 PR for recipients of approved asylum applications 401 How to obtain an alien residency card 402 Applying for a replacement " " " 403 If you never received you " " " 501 Nonimmigrant or temporary visas 502 How to request an extension of temporary stay 503 Change of status from one nonimmgrant class to another...for work 504 Applying for a replacement I-94 arrival/departure document 505 Temporary visitor's visa 506 A fiance/fiancee visa 507 Requirements for class. as a nonimm. temp. worker (H1, H2 & H3) 508 Requirements for class. as a J1 or nonimm. exchange alien 509 L-1 visa status for intracompany transfers 510 Requirements for class. as an E1 or E2 ... treaty trader or investor 601 Permission to go to school 602 Student visa extension 603 Permission for foreign student to work 604 Visas for spouse & dependent children of foreign students 605 School transfers for F1 & M1 foreign students 606 How to maintain your student status 701 Departure from the US by permanent residents 702 Student travel outside the US 703 Travel authorization for refugees 704 How to request emergency travel 705 Travel by an alien whose PR application is still pending 801 Citizenship and naturalization requirements 802 " for children born outside the US 803 Naturalization based on military service 804 Derivative citizenship for children of US citizens 805 Residency requirements for naturalization 806 How to file for naturalization on behalf of a child 807 Replacement of certificate of citizenship or naturalization 808 How to renounce or forfeit US citizenship +Q: Which is the best time to change this maiden name to the married name and how to go about it? A: [From Rajiv S. Khanna, rskhanna@access.digex.net] In terms of immigration documents, all papers that are filed should list spouse by her married name and "also known as XYZ (Maiden name)." Most INS forms provide a space for "Other Names USED." Now if it is too late and a green card in her maiden name has already been issued, INS has a form for it. I believe you have to apply for reissuance of GC, same form as if your GC had been stolen or destroyed. If anyone knows any different, please correct. Q. Wish List Need to add info regarding Citizenship, visitor visa.. If you have any info regarding these please email your questions/answers to me directly. -- B.G. Mahesh | Email: mahesh@evb.com Software Engineer | mahesh@sett.com EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us Newsgroups: alt.visa.us,alt.answers,news.answers Path: bloom-beacon.mit.edu!hookup!news.sprintlink.net!uunet!widget!mahesh From: mahesh@evb.com (B.G. Mahesh) Subject: FAQ : alt.visa.us H visa questions and answers (part 3 of 6) Message-ID: Followup-To: alt.visa.us Summary: Frequently Asked questions for alt.visa.us (H visa) Keywords: FAQ alt.visa.us H H-1B visa Reply-To: mahesh@evb.com Organization: EVB Software Engineering, Inc. Date: Mon, 7 Mar 1994 16:03:30 GMT Approved: news-answers-request@MIT.Edu Lines: 222 X-Disclaimer: Any opinions expressed are strictly those of the poster and not necessarily those of EVB. Xref: bloom-beacon.mit.edu alt.visa.us:3809 alt.answers:2040 news.answers:16134 Archive-name: us-visa-faq/part3 Last-Modified: March 7, 1994 Currently, the alt.visa.us FAQ is maintained by B.G. Mahesh [mahesh@evb.com] Many FAQs, including this one, are available via FTP on the archive site rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this faq is /pub/usenet/news.answers/us-visa-faq/part3. To get the FAQ by E-mail, you should send a message to mail-server@rtfm.mit.edu with send usenet/news.answers/us-visa-faq/part3 in the body of the message. Please see part1 of this faq for standard disclaimers. Questions marked with a + indicate questions new to this issue; those with significant changes of content since the last issue are marked by *: H visa ------ Q. Do I need to hire a lawyer for H-1B/GC? A: [from B.G. Mahesh, mahesh@evb.com] Getting your H-1B should be pretty straight forward but now a days things are getting tough. One needs to know the various rules/laws of immigration. One must be ready to devote a lot of their personal time to get a H-1B/GC on their own. In a nutshell, if you or your employer can afford a lawyer hire a lawyer. Q. How much does it cost to hire a lawyer for a H-1B visa? A: [from B.G. Mahesh, mahesh@evb.com] Anywhere between $800-$1500. I have known people hiring lawyers for just $800 and having a TOUGH time getting their H-1B visa because the lawyer was not very good. This doesn't mean all lawyers charging less than $1000 are bad and the ones charging > $1000 are good :-) Q. Does the lawyer need to reside in the same city/state where I live? A: [from B.G. Mahesh, mahesh@evb.com] NO! Most of the work is done by phone/fax [and email in few cases :-) ] So it doesn't make a big difference where the lawyer resides unless you are expecting complications which may require you to meet the lawyer personally. Q. What forms are needed for H-1B visa and where can I get it? A: [from Philip.Tong] Form I-129H. You can get it from your INS office. Q. Can I get a H-1B visa for a part time job? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] Yes. Q. Having H-1B visa with one company, can I work some where else also, like part time job ? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] You will have to get another H visa for the second employers. Note, you can simultaneously hold more than one H visas. Q. During the process of H-1B visa, suppose if I get a better job what happens ? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] Apply for a new H-1B Q. Should I wait for my H-1B approval before I join the new job? A: [this question is related to the previous question ] [from Rajiv S. Khanna, rskhanna@access.digex.net] You must wait to get the second H-1B approved. H visas are employer specific. Q: 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 ? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] Yes you will, but you do have to get a new H-1B classification. Q. My H-1B is up for renewal after three years . It was received without the DOL Clearence that is required now a days. Will the renewal need such a clearence from DOL ? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] Yes, you will now need an LCA. Q. How many days/weeks/months does it take to get a H-1B? A: [from B.G. Mahesh, mahesh@evb.com] This depends on the state you reside. Generally after your LC, it should about 2-4 weeks to get your H-1B visa. Q. How much is the fee for H-1B, H4. A: [from Philip.Tong] H-1B : $80.00 H4 : Q: I did not get a "Blue" form with my H-1B visa approval notice. Why? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] INS has started using a new "Notice of Action" form. H approvals used to arrive on blue forms. They will now be arriving on white forms with the bottom portion being an I-94 to be cut and retained by the foreign worker in question. Incidentally, the new form is called an I-797C. Q: If my company is bought by another company is my H-1B visa still valid? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] According to INS, if the successor company undertakes all rights, liabilities, assets and privileges of the previous employer - the H visas are valid even after the takeover. In simple English, get an opinion from a lawyer in writing. Otherwise, all H visa holders could be out of status. Q. Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico or Canada? A: [from Pramod S. Badjate, badjatep@agcs.com] Yes you can. But you should make sure that you don't turn in your I94 at the border while leaving US. Then you have to fill in a new I94 when you enter US by showing your VISA and old I94. Q. What documents are needed to get a multiple entry H-1B visa? A: [from Pramod S. Badjate, badjatep@agcs.com] 1. Passport with current I-94 2. H-1B approval form (* ORIGINAL*) 3. Copy of H-1B petetion form (I 129) Ask your company for this. It is very important because I know a friend who was turned down since he did not have this. 4. Copy of Form ETA 9035 or the Labour condition application that was filed by your company. Ask your company or lawyer if this was necessary in your case. If it was, take a copy of the document that was given to the INS. 5. Letter from my immediate supervisor stating that I work for him and may need to travel abroad for official purposes soon and hence be granted an H-1B visa. It was addressed to US consulate, Juarez. This was not asked for by the consulate official who interviewed me. 6. Company verification letter from Human resources giving details like job title, pay date of joining etc. 7. My appointment letter that I had got from Human resources. 8. Pay stubs or company ID. 9. $100 cash. 10. One Passport size photograph 11. Degree certificates [original + copy] [from Rajendran Manohar, rmanohar@jupiter.saic.com] I had called the American Embassy at Juarez last week, and they said I should come with attorney certified copies of my original H1B application, in addition to everything mentioned above. Q. What documents do I need for H4 visa when applying at US consulate ? A:[From Mahesh Kumar Bagade, c23mkb@kocrsv01.delcoelect.com] Necessary papers for your spouse's H-4 visa: 1) I-797 form (your H-1B working permit) : Original 2) Letter of employment from the company you work for with salary : Original 3) A Letter addressing Consulate in favour of your spouse visa: Original 4) Copy of first 5 pages of your Indian passport. : Notarized (Make sure that you have the copy of the page with current valid visa.) 5) Copy of the Marriage certificate : Notarized 6) Bank statement [proof of money for supporting your spouse] 7) A couple of your paychecks would be a plus point. 9) Original passport of spouse 8) Finally a $100.00 fees for the visa process. +Q: For how many months are the papers sent for H4 valid? A: [From Srinidhi Murthy, srinidhi@treasfs.sbi.com] The papers sent are valid as for atleast 2 months. +Q: Documents for H4 have been sent. If I change jobs should I resend a fresh proof of employment from my new employer? A: [From Srinidhi Murthy, srinidhi@treasfs.sbi.com] 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 switchover can wait, wait till the visa is issued Q: Can I renew my multiple-entry visa stamp by mail? A: [Compiled by Michael Carroll, br.mjc@rlg.stanford.edu] Yes, but note that this is only for renewal or reissuance, not for obtaining the first one, and note that this is for the visa stamp in your passport that relates to travel permission. Which types of visa can have stamps reissued in this way? The recording said E, H, I, L, O, and P. One netter said also A and G. First step: you have to obtain the form to fill out, by writing to: Department of State Visa Services Room 238A 2401 E Street N.W. Washington, D.C. Phone : (202) 663-1225. You need to say that you want your visa (stamp) reissued, and would like copies (specify how many) of the appropriate form, which I believe is Form OF-156. You must also enclose a stamped self-addressed envelope for them to send you the forms & instructions in. Second step: You should receive instructions along with the form. In summary, the things that need to be sent back to the above address are: 1) Your passport containing the stamp that's to be renewed; 2) The form they sent you (OF-156); 3) The original of your I-94, not a copy; 4) A copy of your petition approval (I-171C or I-797); 5) Letter from employer; 6) Another stamped self-addressed envelope with enough postage for the return of your passport (courier service could also be used). 7) A check for the renewal fee [for H1B fee is $100] Six weeks is the normal processing time, or to allow that long. -- B.G. Mahesh | Email: mahesh@evb.com Software Engineer | mahesh@sett.com EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us Newsgroups: alt.visa.us,alt.answers,news.answers Path: bloom-beacon.mit.edu!hookup!swrinde!cs.utexas.edu!uunet!widget!mahesh From: mahesh@evb.com (B.G. Mahesh) Subject: FAQ : alt.visa.us J Visa questions and answers (part 4 of 6) Message-ID: Followup-To: alt.visa.us Summary: Frequently Asked questions for alt.visa.us (J Visa) Keywords: FAQ alt.visa.us J Visa question answers Reply-To: mahesh@evb.com Organization: EVB Software Engineering, Inc. Date: Thu, 31 Mar 1994 21:53:49 GMT Approved: news-answers-request@MIT.Edu Lines: 145 X-Disclaimer: Any opinions expressed are strictly those of the poster and not necessarily those of EVB. Xref: bloom-beacon.mit.edu alt.visa.us:4303 alt.answers:2275 news.answers:17062 Archive-name: us-visa-faq/part4 Last-Modified: Jan 20, 1994 Many FAQs, including this one, are available via FTP on the archive site rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this faq is /pub/usenet/news.answers/us-visa-faq/part4. To get the FAQ by E-mail, you should send a message to mail-server@rtfm.mit.edu with send usenet/news.answers/us-visa-faq/part4 in the body of the message. Please see part1 of this faq for standard disclaimers. Questions marked with a + indicate questions new to this issue; those with significant changes of content since the last issue are marked by *: J Visa ------ [from Henning Schulzrinne, hgs@research.att.com] Note that not all J1 visa holders are subject to the two-year home residency (HRR) requirement. Examine your IAP-66 form (bottom left corner) and the visa stamp in your passport. You are generally subject to the HRR if you at any time accepted money from either your home government or (particularly) the US government or if you are on a special skills list (medical doctors in particular). The home residency requirement aims to protect the home government and the goals of the exchange agreement. If you changed schools, funding agencies, etc., you may have a checkmark that the requirement does not apply on your current visa stamp or IAP-66. However, "once subject to the HRR, always subject", i.e., thus, this does not help. Q: On what grounds can I get a waiver? A: 1) national interest: a government agency (NASA, NSA, CIA, ...) declares an interest in you and petitions the USIA to waive the HRR. Does not appear a good avenue unless you work for that agency or do security-related work. 2) extreme hardship to self or citizen spouse: Seems to imply that you or your spouse are on their deathbeds, with treatment only available in the United States. Mere career inconvenience to spouse, even if U.S. citizen, does not seem to matter. (After all, the spouse should have known about this before getting married...) 3) political persecution; residents of European countries might not want to pursue this. Residents of the PRC have a blanket waiver (Pelosi bill?). 4) NORI/no-objection: the home government issues a statement of no-objection; seems to be the common and successful approach for Indian citizens. Q: Does marriage to a US citizen help? A: No. If the US citizen was dumb enough to marry a J1 visa holder, her/his problem. (see 'extreme hardship' for unlikely exception). Next, please. Q: Who makes the waiver decision? A: USIA recommends to INS, which generally accepts recommendation, particularly negative ones. Q: What is USIA's address? [from Michael Galperin, MYGALP01@ulkyvm.louisville.edu] A: YOU DON'T WRITE TO USIA. It is done either by your embassy or by interested US agency (NIH, DHHS, DOE etc). Anyway, the address is (courtesy of our International Center): US Information Agency Office of the General Counsel Waiver Review Office Washington DC 20547 Phone (202)-475-2385 Q: What's a NORI? A: "No obligation to return"; also known as a "no-objection" statement. Issued by the home government, usually through their consulate. Issued routinely by most European countries, but may not help a lot (see next question). Q: If I get a NORI, will I get a waiver? A: No. The NORI is a necessary condition (for this particular form of waiver), but not sufficient. Generally, the determination is up to the USIA. Fulbright students can generally forget a waiver unless they fall below the threshold (see next question). Q: Is there a threshold of money received below which a waiver is automatically granted? A: No, but if you received less than $2000, you at least have a chance. Fulbright grantees' applications have been known to be rejected even with grants below that, on the argument that the program itself, beyond monies expended on behalf of an individual, push each individual above that limit. Above that limit, you can only hope to be from the PRC, or use the other avenues described above. Q: Can I pay back the money I got and get out of the HRR? A: No. In this respect, Fulbright grants differ from all other college grants, which, if you don't live up to your end of the bargain, at worst forfeit the loan waiver. Q: Can I visit the United States while serving my two-year sentence? A: Yes, but the time is (supposedly) subtracted from your residence time. Vacation in a third country is o.k. Q: Do I have to return to my home country? A: Yes. More precisely: country of citizenship or last residence prior to entering the United States. Q: Can I reside in my home country and work in another country? A: Currently not. Apparently, there are rumblings about making residency and work in any of the European Community countries equivalent, but that has not happened. Q: Can I work for a company of my home country in another country? A: Good question. Don't know. Q: Does writing to your congress person help? A: No, you just get a longer letter of denial. Q: What do I need to show after the two years to prove that I resided and worked in my home country? A: Good question. Anybody know? Q: Can I apply for H-1B, permanent residency, etc. while serving the HRR? A: Yes. The visum will be issued the day your two years are up. This is particularly advisable for those who can get visas without labor certification (family preference). You can apply at the US consulate in your home country. Q: How often can I apply for a waiver? A: Every six months. Q: Does a J1 have any advantages? A: Yes. You get 36 months of practical training (instead of 12 months for an F1). Also, your spouse may work on a J2 visa during your stay after getting permission from INS. -- B.G. Mahesh | Email: mahesh@evb.com Software Engineer | mahesh@sett.com EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us Newsgroups: alt.visa.us,alt.answers,news.answers Path: bloom-beacon.mit.edu!hookup!news.kei.com!MathWorks.Com!europa.eng.gtefsd.com!howland.reston.ans.net!cs.utexas.edu!uunet!widget!mahesh From: mahesh@evb.com (B.G. Mahesh) Subject: FAQ : alt.visa.us K, L & Visitors Visa questions and answers (part 5 of 6) Message-ID: Followup-To: alt.visa.us Summary: Frequently Asked questions for alt.visa.us (K & L Visa) Keywords: FAQ alt.visa.us K L visa Reply-To: mahesh@evb.com Organization: EVB Software Engineering, Inc. Date: Thu, 31 Mar 1994 21:54:27 GMT Approved: news-answers-request@MIT.Edu Lines: 191 X-Disclaimer: Any opinions expressed are strictly those of the poster and not necessarily those of EVB. Xref: bloom-beacon.mit.edu alt.visa.us:4304 alt.answers:2276 news.answers:17063 Archive-name: us-visa-faq/part5 Last-Modified: March 7, 1994 Currently, the alt.visa.us FAQ is maintained by B.G. Mahesh [mahesh@evb.com] Many FAQs, including this one, are available via FTP on the archive site rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this faq is /pub/usenet/news.answers/us-visa-faq/part5. To get the FAQ by E-mail, you should send a message to mail-server@rtfm.mit.edu with send usenet/news.answers/us-visa-faq/part5 in the body of the message. Please see part1 of this faq for standard disclaimers. Questions marked with a + indicate questions new to this issue; those with significant changes of content since the last issue are marked by *: K Visa ------ Q: Who can apply for K visa? A: [from Neil Kolban, kolban@vnet.IBM.COM] The K class visa is the "alien fiance(e)" visa, which an nonimmigrant visa. A US citizen who whishes to marry a foreigner may file a K class petition (I129F) which, when granted, allows the foreigner to enter the US and marry within 90 days of arrival. Once married, the foreigner should file for conditional permanent residence. There are two K class visas: K1 - for direct fiance(e) K2 - for children of fiance(e) Q: How do I obtain a K visa for my fiance(e) (who is not currently in the US)? A: [From Rob Lingelbach, rob@xyzoom.info.com] You must petition the INS, obtain their approval, and then the fiance(e) must submit to an interview at the US consulate in the foreign country. Q: How long does it take to get a K visa? A: [From Rob Lingelbach, rob@xyzoom.info.com] Generally, once the petition is filed, it takes about 30 days to hear from the INS their approval or denial, then at least another 30 days for the paperwork to be transmitted to the foreign embassy and for the interview appointment to be arranged. It can take up to 5 or 6 months total, though usually it is 90 days or so. Q: How long is it good for? What are the conditions? A: [From Rob Lingelbach, rob@xyzoom.info.com] It is valid for 90 days, within which time you must get married and then apply for the change of status to permanent residence. Q: What is needed for the petition? A: [From Rob Lingelbach, rob@xyzoom.info.com] Forms needed: the G-325A, Biographic Information, must be filled out for the petitioner and the fiance(e), and the I-129F Petition for Alien Fiance(e). Q: Can I do this myself, or do I need a lawyer? A: [From Rob Lingelbach, rob@xyzoom.info.com] Either. An attorney can help expedite and answer questions, but there is no reason it can't be done without one. Q: How much will a lawyer charge? A: [From Rob Lingelbach, rob@xyzoom.info.com] Varies widely, but quotes here in Los Angeles were: $1500 due upon approval of petition $1200 covering both fiance(e) visa *and* eventual green card **note**: approval of the petition does not complete the process of obtaining a fiance(e) visa!! The fiance(e) must still be interviewed and approved by the consulate. Q: How will I know the petition is approved? A: [From Rob Lingelbach, rob@xyzoom.info.com] You will be sent a Notice of Action, Form I-797, stating approval or disapproval. Q: What is needed after petition approval? A: [From Rob Lingelbach, rob@xyzoom.info.com] The fiance(e) should call the US consulate, and an interview will be scheduled after the fiance(e) has gathered the following items: [from jrallen@devildog.attmail.com] --Two certified copies of the birth certificate. --A passport valid for at least 6 months. --A police certificate in duplicate, certifying no criminal record. --A medical examination by a doctor approved by the consulate will take place before the interview. --Four color photographs. --Evidence of support in the US --proof that the fiance(e) will not become a charge of the USA. Form 167 details what is needed; the Affidavit of Support (I-134) is the usual method. This form requires: 1) Income, property, and investment information. 2) Loans and expenses. 3) Willingness to deposit a bond with immigration. 4) Acknowledgement of the Social Security Act.... 5) Notarized copies of latest tax return. 6) Statement from employer about salary. 7) Statement from bank officer about accounts... 8) If well established as a business owner, a rating from a rating agency. - For previously married persons, two copies of their marriage certificate and proof of termination. Q: What is needed at the interview? A: [From jrallen@devildog.attmail.com] o Proof of the relationship. o Photos showing the two of you together, letters and correspondence, telephone bills, airline tickets, etc. The INS is very interested in being certain that it is not a "sham" marriage for the purpose of immigration. Typical questions asked: where you met, where the US citizen works. L Visa ------ This entire section was published on page 36 of "India Abroad", Dec 31, 1993. I have included just a part of it. "India Abroad" or the author of this article is in NO WAY responsible for the information provided here. Q. What is L-1 visa? A. The L-1 visa category was established to facilitate the transfer or rotation of foreign personnel of an international company into the United States. Although originally targeted toward large U.S. multi-national corporations, this is an appropriate method for companies of all sizes to seek immediate immigration benefits for their qualifying employees. Further, the L-1 visa may provide quick access to lawful permanent resident (immigrant) status in the United States. Q. Who qualifies for a L-1 visa? A. The L-1 is available to a foreign national who, within the three years immediately prior to entering the U.S., has been employed abroad for at least one continuous year and is now seeking temporary admission to the U.S. to be emplyed by a parent/branch/affiliate/subsidiary of that foreign employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Q. For how may years is L-1 visa issued for? A. An L-1 petition may be approved initially for up to three years, with the possibility of extension for up to four more years. In the case of a "new office" in the U.S., the L-1 will be limited to one year initially with extensions provided thereafter if the new office flourishes. Q. Can dependants of L-1 come to USA? A. The spouse and children (under 21 years and unmarried) may obtain L-2 visas allowing them to enter the U.S with the principal alien, however, they are not allowed to work unless they can qualify on their own for a work visa. They are allowed to attend school and/or participate in volunatary organizations. Visitors Visa ------------- Q: What documents should I send to sponsor for a visitors visa? A: [From B.G. Mahesh, mahesh@evb.com] My in-laws got 5 year multiple entry visa from Madras, India. I sent the following to them, 1. Letter of employment from my employer stating how much I make and from when I am working for this company. 2. Letter from my Bank. 3. I-134 and got it notarized in my bank [$1 fee for notarization]. You can get I-134 from INS or your internationl student office. I heard you can use xerox copies of this form. If you send me an self-addressed stamped envelope marked "Send I-134" I can send you a copy of this form [I-134]. My address is, BG Mahesh 1467 West Key Parkway #B4 Frederick MD 21702 4. Letter from me stating that I will take care of their expenses in USA. 5. Visitor fee $100 each [Indian Rs. 3200/-]. BTW, I did not send the money, they paid in Rs. in India. -- B.G. Mahesh | Email: mahesh@evb.com Software Engineer | mahesh@sett.com EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us Newsgroups: alt.visa.us,alt.answers,news.answers Path: bloom-beacon.mit.edu!hookup!news.kei.com!MathWorks.Com!europa.eng.gtefsd.com!howland.reston.ans.net!pipex!uunet!widget!mahesh From: mahesh@evb.com (B.G. Mahesh) Subject: FAQ : alt.visa.us GC and Citzenship questions and answers (part 6 of 6) Message-ID: Followup-To: alt.visa.us Summary: Frequently Asked questions for alt.visa.us (GC and Citizenship) Keywords: FAQ alt.visa.us Green card and citizenship Reply-To: mahesh@evb.com Organization: EVB Software Engineering, Inc. Date: Thu, 31 Mar 1994 21:55:14 GMT Approved: news-answers-request@MIT.Edu Lines: 403 X-Disclaimer: Any opinions expressed are strictly those of the poster and not necessarily those of EVB. Xref: bloom-beacon.mit.edu alt.visa.us:4305 alt.answers:2277 news.answers:17064 Archive-name: us-visa-faq/part6 Last-Modified: March 31, 1994 Currently, the alt.visa.us FAQ is maintained by B.G. Mahesh [mahesh@evb.com] Many FAQs, including this one, are available via FTP on the archive site rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this faq is /pub/usenet/news.answers/us-visa-faq/part6. To get the FAQ by E-mail, you should send a message to mail-server@rtfm.mit.edu with send usenet/news.answers/us-visa-faq/part6 in the body of the message. Please see part1 of this faq for standard disclaimers. Questions marked with a + indicate questions new to this issue; those with significant changes of content since the last issue are marked by *: Labor/GC -------- Q. How many days/weeks/months does it take to get a Labor Clearance for GC? A: [from B.G. Mahesh, mahesh@evb.com] This depends on the state you reside. After you send in the responses for your advertisement it can take anywhere from 4 weeks to 6 months [assuming the labor department did not find any problem with your case] Q. What is involved in the labor certification? A: [from B.G. Mahesh, mahesh@evb.com] o Prepare a job description for the job being offered. o Job must be "permanent". o Alien must be paid at least the minimum wages prevalent for the job in the geographical area of employment. o You need to advertise the job for 10 business days in your office o Advertise for 3 consecutive days in a newspaper. DOL [dept of labor] will send in all the responses they get for your advertisement and your employer needs to justify why you are better than other applicants. If the DOL doesn't approve your labor then you can't apply for labor clearance for the next 6 months. Q. Does the employer need to show the company's finances? A: [from B.G. Mahesh, mahesh@evb.com] Basically the employer needs to demonstrate that the company is financially sound and it can afford to employ you. So your employer may have to show the company's finances. Q. Should I apply for GC together with the H-1B, or after I get the H-1B? A: [from B.G. Mahesh, mahesh@evb.com] You can apply for GC with H-1B but it is advisable to wait for about 3-6 months after you get H-1B to apply for GC. Q: 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 ? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] Yes, unless you are close enough to getting a green card so that your adjustment of status application can be filed, so that you may get a work permit through pendency of adjustment status. Q: Will all the GC wait come to a naught in this case , or can one wait for it outside the country ? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] You can MOST certainly wait outside the country. Q: When Labor Certification has been recieved, is H-1B still the operating visa, or do you fall under some new status ? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] Mere receipt of labor certification does not change your status. You have to apply to the INS for change of status. Q: Can one apply for GC through an employer while on H-1 for another employer? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] Yes. The labor cert is for a job in future, which is currently available to test the labor market. It is open for US workers. The "alien" may only accept it upon receiving his/her permanent residence. The H-1, however, is for an entirely different job. Q: Can an applicant qualify for a GC without going through Labor Certification? A: [from Jaap Akkerhuis, jaap@tempel.research.att.com ] To qualify as an outstanding professor or researcher, INS requires meeting at least two of six criteria as follows: (1) Receipt of major prizes or awards for outstanding achievement in the academic field. (2) Membership in associations requiring outstanding achievements for their members. (3) Published material in professional publications written by others on behalf of the person's work in the academic field. (4) Evidence of the person's participation either individually or a panel as the judge of work of others in the same or allied academic field. (5) Evidence of the person's original scientific or scholarly research contributions in the academic field. (6) Evidence of authorship of scholarly books or articles in scholarly journals with international circulation in the academic field In addition, the person must have at least three years of experience in the academic field. Such work while working on an advanced degree is not acceptable unless the person obtained the degree and the person had full responsibility for classes taught or, for research conducted toward the degree, it has been recognized within the academic field as outstanding. Such evidence can be in the form of letter or letters from current or former employers. So note that a PhD is not required (I don't have one). Q: What category spouses of GC holders fall under? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] Family preference 2A. Q: What is the waiting period for such cases? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] As of December 1993: Appx. 2.5 to 3 years for India. Q: And, I had heard that there was a bill up for vote. Do you have any information on this? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] The proposed special noimmigrant "S" visas were never voted on in Congress. The bill is on the back burner. Q: What is the time-frame to get a GC if the spouse is an U.S. citizen? A: [from B.G. Mahesh, mahesh@evb.com] You will get a temporary green card as soon as you marry a US citizen. After 2 years that card will get a permanent GC [You have to prove/show to INS that the marriage is genuine]. Q. 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? A: [from Suresh, sur@hrojr.hr.att.com] NO, the petition is automatically moved from category 2A (unmarried children under the age of 21) to category 2B (unmarried children over the age of 21--I'm not sure if this category includes married children also). The 2B category moves much slower than 2A. Q: Can GC holders sponsor for their parents GC? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] US GC holder can *only* sponsor his/her spouse and unmarried children. Q: 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?" A: [From Brandon Nutter, bnutter@silver.ucs.indiana.edu] You may NOT file an I-130 (Petition for Alien Relative) for E. A husband or wife if you gained lawful permanent resident status by virtue of a prior marriage to a United States citizen or lawful permanent resident unless: 1) a period of five years has elapsed since you became a lawful permanent resident; OR 2) you can establish by clear and convincing evidence that the prior marriage (through which you gained your immigrant status) was not entered into for the purpose of evading any provision of the immigration laws; OR 3) your prior marriage (through which you gained your immigrant status) was terminated by the death of your former spouse. Q: What does "current" mean? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] "Current" means there is no waiting involved. All people qualified for the category in question can immediately apply for adjustment of status (if within U.S.) or an immigrant visa (if outside the U.S.). GC Lottery ---------- Q: What is DV1 [Green Card] Lottery Program? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] The program is NOT finalized yet. It is expected to be finalized in March 1994. Applications for the program will probably begin to be accepted in May. Please note, at this point, NOTHING is final. Q: How does it work and who are not eligible from participating in this program? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] There is an annual limitation of 55,000 visas per year for diversity immigrants. The U.S. Attorney General (acting through INS) will establish numerical visa quotas for each country. "Natives" of each country will compete amongst themselves for the quota for that country. "Native" is being defined as born within the territory of the foreign country, or entitled to be charged for immigration purposes to that foreign state pursuant to section 202(b) of the INA. The following countries may be excluded from the DV-I program for 1995: Canada, the Dominican Republic, El Salvador, India, Jamaica, Korea, Mexico, the People's Republic of China, the Philippines, the United Kingdom and Vietnam (may be even Colombia, Haiti, and Taiwan). Q: Which countries are included in the DV-1 program? A: [From Duncan Frissell, frissell@panix.com] If you were born in any of the following countries, you can apply: Albania, Algeria, Argentina, Austria, Belgium, Canada, Czech Republic, Denmark, Estonia, Finland, France (including Guadeloupe & New Caledonia), Germany, Hungary, Iceland, Indonesia, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, The Netherlands, Norway, Poland, San Marino, Slovakia, Sweden, Switzerland, Tunisia, and the United Kingdom of Great Britain and Northern Ireland (including Bermuda & Gibraltar). Q: Who would be eligible under the proposed regulations ? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] To be eligible, a person: 1. Must be a native of a low-admission foreign state (determined by the Attorney General in every Fiscal Year); 2. must have at least a high school education or its equivalent (successful completion of twelve years of elementary and secondary education in the United States or successful completion in another country of a formal course of elementary and secondary education comparable to completion of twelve years' elementary and secondary education in the United States); or within the five years preceding the date of application for a visa, must have two years of work experience in an occupation requiring at least two years training or experience; 3. May be in the United States or in a foreign country; and 4. Who is in the United States need not be in lawful status. No more than one petition may be submitted by, or on behalf of, any individual for consideration during any single fiscal year. Q: What are the proposed procedures? A: [from Rajiv S. Khanna, rskhanna@access.digex.net] I. Form: The petition shall consist of a sheet of paper on which there shall be typed or legibly printed in the Roman alphabet the petitioner's name; date and place of birth (including city and county, province or other political subdivision, and country); name[s] and date[s] and place[s] of birth of spouse and child[ren], if any; and a current mailing address. II. Submission: A petition shall be submitted by mail to the address designated by the Department for that purpose. The Department shall establish a period of not less than thirty days during each fiscal year during which petitions for consideration during the following fiscal year may be submitted. Each fiscal year, the Department shall give timely notice of both the mailing address and the exact dates of the application period, through publication in the Federal Register and such other methods as will ensure the widest possible dissemination of the information, both abroad and within the United States. III. Mailing: o Petitions must be submitted by normal surface or air mail only. o Petitions submitted by hand, telegram, fax, or by any means requiring any form of special handling/acknowledgement will be rejected. o The petitioner must type or print using the Roman alphabet, on the upper left-hand corner of the envelope in which the petition is mailed, his or her full name and mailing address, the COUNTRY of which he or she is a native, as shown on the petition itself, because of the need to sort the envelopes into six groups according to region, identification of the country of which the alien is a native on the envelope becomes indispensable. The Department will reject any envelope which does not bear this information. o Envelopes shall be between 6 and 9 inches (15 cm to 24 cm) in length and between 3 and 1/2 and 4 and 1/2 inches in width (9 cm to 11 cm). Envelopes not conforming these specifications will be rejected. Note : *PLEASE* do not ask Rajiv Khanna any questions regarding GC lottery. If he receives any additional info the net will be informed immediately. US Citizenship -------------- Q: What is the time-frame to get U.S. citizenship if the spouse is an U.S. citizen? A: [from Ashish Nedungadi, ashish@eng.umd.edu] The spouse of a US citizen gets a CONDITIONAL green card "immediately" after marriage. After 2 years, the conditionality of this green card is removed(after successfully proving to INS that the marriage is legitimate). The spouse is eliglible for his/her citizenship after 3 years of receiving the CONDITIONAL green card. In a nutshell, 3 years after obtaining one's green card(including the CONDITIONAL one) If you want to get more technical ["technical" may not be the right word :-)] [from Rajiv S. Khanna, rskhanna@access.digex.net] (a) Any person whose spouse is a citizen of the United States may by naturalized upon compliance with all the requirement of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse, who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months. +Q: Who can apply for U.S. citizenship? A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil] Persons who are 18 years of age or older, who are lawfully admitted permanent resident aliens and who meet certain requirements (see question 3) may apply for citizenship. Aliens who have served in the armed forces of the U.S. are eligible for citizenship under special provisions. +Q: When can I apply for U.S. citizenship? A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil] Five years from the date of entry as a lawful permanent resident. If married to and living with citizen spouse in marital union for atleast 3 years before filing the application, the residence period is shortened to 3 years. You can file the application one month before the residence requirement is met. Also, you have to be a resident for 3 months in the state or INS district where you are filing the application. +Q: What are the requirements for U.S. Citizenship? A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil] There are four main requirements that must be met by every applicant. (a) Basic literacy in the English language. (b) Knowledge of U.S. history. (c) Five years of residency in the U.S. (d) Good moral character. +Q: Under what conditions can I be denied U.S. citizenship? A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil] (a) If you advocate or if you are a member of any organization that is opposed to organized government (i.e., if you preach and practice anarchy). (b) Membership in communist organizations. (c) If you advocate the overthrow of the U.S. Government by force, sabotage, violence or terrorism. (d) If you publish any material advocating the methods of item (c). (e) Exemption from services in the armed forces of the U.S. (unless the alien status does not permit the individual to serve on the armed forces or if the alien had served in the armed forces of his/her own country). (f) Desertion from military forces and draft evasion results in permanent ineligibility for citizenship. +Q: Can citizenship once granted be revoked? A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil] You bet. +Q: Under what conditions can my citizenship be revoked? A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil] If your behavior is not well disposed to the good order and happiness of the U.S. or if you concealed your wartime activities when applying for visas to enter the U.S. after World War II. Also, for example you do one of the following: (a) Refusal to testify before a congressional committee regarding alleged subversive activities within 10 years after becoming a U.S. citizen. (b) Establish permanent foreign residence within 5 years after becoming a U.S. citizen (c) Membership in an outlawed organization within 5 years after becoming a citizen. Denaturalization proceedings may be instituted against you for (a)-(c). REFERENCES: [1] Nancy-Jo Merritt, "Understanding Immigration Law," Makai Publishing group, Scottsdale, Arizona, 1993. -- B.G. Mahesh | Email: mahesh@evb.com Software Engineer | mahesh@sett.com EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us