FAQ : alt.visa.us periodic postings and archives (part 1 of 6)
B.G. Mahesh
Last-Modified: Feb 21, 1994
Currently, the alt.visa.us FAQ is maintained by
B.G. Mahesh [mah...@evb.com]
Frequency: This will be posted twice every month [1st and 15th] 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-...@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 by email, you should send a message
to mail-...@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.
Individuals are encouraged to submit corrections, questions and answers
to mah...@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 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. 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. 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: Can I renew my multiple-entry visa stamp by mail?
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?
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?
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?
--
B.G. Mahesh Email: mah...@evb.com
Software Engineer
EVB Software Engineering, Inc.
B.G. Mahesh
Last-Modified: Jan 19, 1994
Currently, the alt.visa.us FAQ is maintained by
B.G. Mahesh [mah...@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-...@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, mah...@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: [ from Ravinder Bhumbla, rbhu...@UCSD.EDU]
NAFSA (the association of international educators) regularly
sends out updates about changes in immigration laws to its
mailing list, int...@vtvm1.cc.vt.edu (you can subscribe by sending
mail to list...@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
PS: If you have any questions about gopher PLEASE don't ask me.
Post on news.newusers.questions and/or alt.gopher
[from B.G. Mahesh, mah...@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.
Q. Are there any books regarding Immigration?
A:
1. [from newswatcher, ju...@umich.edu and
Venerando, ros...@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, alb...@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, hi...@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, mah...@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: rskh...@access.digex.net
Washington, DC 20036-3403
Q: Are there any mailing lists?
A: [from B.G. Mahesh, mah...@evb.com]
Yes! send mail to rskh...@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, mah...@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 : rskh...@access.digex.net
[from Th. Bullinger, tho...@idx.kodak.com]
Santosh Pawar
1000 East Ave.
Rochester, NY 14607
Phone : 716-461-4074
[from Alberto, alb...@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 hi...@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, kan...@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, r...@xyzoom.info.com]
Steven W. Blalock (Blalock and Gray)
11726 San Vicente Blvd #650
Los Angeles, CA 90049
Phone : 310 447 5665
Q. Are there any lawyers you don't recommend ?
A: Please see disclaimer section before you read any further ;-)
[From Rob Lingelbach, r...@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, dod...@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. Wish List
Need to add info regarding Citizenship, visitor visa..
If you have any info regarding these please
email me your questions/answers to me directly.
B.G. Mahesh
Last-Modified: Feb 21, 1994
Currently, the alt.visa.us FAQ is maintained by
B.G. Mahesh [mah...@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-...@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, mah...@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, mah...@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, mah...@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, rskh...@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, rskh...@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, rskh...@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, rskh...@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, rskh...@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, rskh...@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, mah...@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, rskh...@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, rskh...@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, badj...@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, badj...@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, rman...@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, c23...@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: Can I renew my multiple-entry visa stamp by mail?
A: [Compiled by Michael Carroll, br....@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
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-...@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, h...@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, MYGA...@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) 401-7962 or 7963
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
Last-Modified: Jan 18, 1994
Currently, the alt.visa.us FAQ is maintained by
B.G. Mahesh [mah...@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-...@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, kol...@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, r...@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, r...@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, r...@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, r...@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, r...@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, r...@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, r...@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, r...@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 jra...@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 jra...@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.
B.G. Mahesh
Last-Modified: Feb 21, 1994
Currently, the alt.visa.us FAQ is maintained by
B.G. Mahesh [mah...@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-...@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, mah...@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, mah...@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, mah...@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, mah...@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 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 ?
A: [from Rajiv S. Khanna, rskh...@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, rskh...@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, rskh...@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, rskh...@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, ja...@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, rskh...@access.digex.net]
Family preference 2A.
Q: What is the waiting period for such cases?
A: [from Rajiv S. Khanna, rskh...@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, rskh...@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, mah...@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, s...@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, rskh...@access.digex.net]
US GC holder can *only* sponsor his/her spouse and unmarried children.
GC Lottery
----------
+Q: What is DV1 [Green Card] Lottery Program?
A: [from Rajiv S. Khanna, rskh...@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, rskh...@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: Who would be eligible under the proposed regulations ?
A: [from Rajiv S. Khanna, rskh...@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?
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: Petitions must be submitted by normal
surface or air mail only. Petitions submitted by hand,
telegram, fax, or by any means requiring any form of special
handling/acknowledgement will be rejected. 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.
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, ash...@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, rskh...@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.
Nikolai Vishnevsky
A distant cousin from Russia is now a doctoral student in a higly
regarded graduate department. He's here on a student visa. I believe
that his graduate department gave him a scholarship--he does not have to
pay tuition and gets about $12,000 a year. The problem is that he is
here by himself, while his wife and two young children are in Russia.
For a while he was even thinking about going back to Russia, but I was
able to convince him that in the long term that would be a foolish move.
Of course, he wants to bring his wife and children to the U.S. How can
he do that? He told me that the foreign student adviser at his
university told him that in order to be able to get a visa for them he
has to prove that he has enough assets to feed his family for the length
of his studies (about 3 or 4 years for his PhD.) My cousin told me that
the adviser said the sum is about $40,000. Of course, he does not have
that money. Neither do I.
Is the information that the foreign student advisor gave him correct? I
have my doubts, but I don't know. I remember that when I was a student
(in the late 70s) there were plenty of foreign graduate students who had
their spouses and children with them. I doubt that most of them had
that kind of money. Has the law changed?
Any kind of advice, either by e-mail, or in this newsgroup would be
appreciated. I'm trying to keep my cousin here in the U.S., it would be
a pity if he abandons this great opportunity due to his strong family
ties. By the way, his wife is also a graduate student, but in Moscow,
and although she also excels academically it seems that there are few
U.S. scholarship opportunities in her field.
Thank you,
Nikolai Vishnevsky
wk0...@worldlink.com
Yury Smirnov
I brought my wife and 2 kids to the US. There was no problem at
the US.embassy, but we rather had problems with Russian ex-visa
for an older son. There is a certain amount of money needed to
approve your ability of supporting your family. For this reason
CMU,CS is paying small amount per dependent if your spouse is not
working or not allowed to. In 1992 this lower bound was
$9,500 for your living expenses and $7,200 for your 3 dependents.
I can guess than in 1994 it's about $10,000+$7,500 = $17,500
If you add tuition and fees, say $17,500, the whole sum is about
$35,000. I can imagine that somewhere tuition is $22,500 with
the whole sum approaching $40,000. A foreign advisor should know
it well, because it is she/he who is filling in an I-20 form serving
as a proof of your financial capabilities.
Your friend needs to prove income of $17,500 per year besides
scholarship to be able to invite his family.
Best wishes to you and to your friend,
Yury Smirnov
George Kaminski
>
> I brought my wife and 2 kids to the US. There was no problem at
> scholarship to be able to invite his family.
In fact, this amount can be reduced if, say, a student already
has an apartment for his family. He should check with his Foreign Students
Office and ask them explicitly about such a possibility.
Also, as far as I understand, the student has to show that he has
enough money for only ONE year.
>
> Best wishes to you and to your friend,
>
> Yury Smirnov
>
>
George
Mayur V. Raiura
I am a Occupational Therapist on H-1B visa and working full time for my current
employer. Recently I was offered consultancy assignment by a local company,
who would pay me per patient I treat. However, when I asked them to file an
LCA they said I was an independent contractor and they would not even deduct
taxes from my consulting fees. At the end of the year they will issue a IRS
Form 1099 which I will file with my tax return. I have already informed the
Labor Dept. about the stand taken. No reply yet.
My questions are:
1) Is consulting job "Self Employment" and hence requires no LCA or addl H-1B?
2) Since I intend to declare all my income and pay taxes on it, will I have
problems when my GC application comes up?
3) My spouse is a student on F-1? Can he do part time consulting in Financial
Information Systems?
4) My H-1B employer is applying for my GC (at present with Labor Dept) Since
I am a Occupational Therapist, how many months will it take for GC to come
through?
I will appreciate replies and thanx in advance.
Beena R.