home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Internet Info 1994 March
/
Internet Info CD-ROM (Walnut Creek) (March 1994).iso
/
answers
/
alt
/
us-visa-faq
/
part3
< prev
next >
Wrap
Text File
|
1994-03-07
|
11KB
|
240 lines
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: <CMAxxu.40p@evb.com>
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