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From: [e-mail] (Rajiv S. Khanna)
Newsgroups: alt.visa.us,misc.immigration.usa,alt.answers,misc.answers,news.answers
Subject: Immigration (USA) FAQ: periodic postings and archives (part 1 of 6)
Followup-To: alt.visa.us
Date: 25 Jan 1998 15:14:11 -0500
Organization: Law Offices of Rajiv S. Khanna
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Approved: [e-mail]
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Summary: Frequently Asked questions for alt.visa.us,misc.immigration.usa
Keywords: FAQ alt.visa.us misc.immigration.usa USA Immigration introduction
Xref: senator-bedfellow.mit.edu alt.visa.us:49955 misc.immigration.usa:60558 alt.answers:31675 misc.answers:7087 news.answers:121710

Archive-name: us-visa-faq/part1
Last-Modified: 25 January 1998

The USA Immigration FAQ is maintained by
Rajiv S. Khanna [[e-mail]]

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


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

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers/us-visa-faq.
To get this FAQ by E-mail, you should send a message to
[e-mail] 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 [e-mail]
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 [e-mail]
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 [e-mail] directly.  In many answers below, submitters
are noted in parentheses at the beginning of comments.  (Comments may be
slightly edited.)

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

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

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

                    General
                    -------
Q:    What is this FAQ about?
Q:    Is their an internet site from which I can download any info
       regarding immigration?<<Changed>>
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:    What is AILA (Am. Imm. Lawyers Assn.)?
Q:    Is there a list of "recommended lawyers" ?
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:    What is the fee for XX?
Q:    What is the phone number of US Consulate in XXX?
Q:    What are the formalities for translation of foreign language documents?
Q:    Can E-mailed ASCII text (without signatures) be used for translations?
Q:    Rajiv, is there a list of evaluation agencies, recognized by DOL and           INS?
    I'm trying to do evaluation of my education, but I am not sure that
    DOL and INS will recognize it. If there is a list of these accredited
    agencies, how can I obtain one?
Q:    List of 100 Citizenship questions.
Q:    I am a legal P.R. in the United States from China.  When I saw CNN's
    Nation Within program on TV tonight, an INS officer said that an
    immigrant in the United States is not protected by constitution or
    has not constitution right.  Is this true?  If this is true, then it
    is legal to discriminate a    legal immigrant.  Please give me an answer.
Q:    Can I find out BEFORE making application to INS if FBI check will reveal any
    criminal history in my background?
Q:    I am a GC holder. If I move do I need to notify INS about my change
    of address?
Q:    Do you have any information about consular procedures in Madras, India?
Q:    Can you clarify the sub-sections for denial of visas?

                    H-1B Visa
                    --------
Q:  So what the heck is an "H-1B (or H-1)?"
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:    Is there any special requirement to get H-1B ?
Q:    Say, if my employer in US has got H-1 visa approval from INS, does that
    ensure that I can get H-1 visa ?<<Changed>>
Q:    If my employer has got H-1 visa approval, can I apply for
    visa either in Korea or in Japan ? does that matter ?
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 Clearance that is required now a days. Will the renewal need
    such a clearance from DOL ?
Q:  Hello Mr. Khanna. I have a question regarding LCA. Is the LCA specific
    to a state? For example, can I take an LCA form from one state and fill
    it and send the completed form to another state?
Q:     How many days/weeks/months does it take to get a H-1B?
Q:     I have a H-1B visa and I want to change jobs. Is it possible
       for my new employer to file for my H-1B without my original
       H-1B document which is with my present employer?
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:     I am full time employee at X on H1 visa. When I get
       new H1 for company Y, does the old H1 gets automatically
       canceled or is it valid till I actually resign from X?
Q:     Following question 2 can I become full-time employee
    at Y and then continue working for X part-time?
Q:     If I get promoted do I need to get a new H-1B visa?
Q: Could netters please provide some personal experiences of H-1 multiple
entry visas from (Canada: Halifax ---- Mexico: Juarez) ?<<Changed>>
Q:     Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico
       or Canada?
Q:     I am current working for IBM on my Practical Training under my F-1
       visa. The Practical Training expires in October. I have applied for my
       H-1 visa.
     I need to go back to India urgently for a short visit, however my
       lawyer says that I cannot go out of the US, once my H-1 processing has
       started. Is this true?
Q:     What is the phone number of US consulate in Juarez, Mexico?
Q:     What documents are needed to get a multiple entry H-1B visa?
Q:     What is a good place to stay at El Paso?
Q:     Are there any good eating places near the EconoLodge?
Q:     Do I need to have a Mexican Visa to go to Juarez?
Q:     Any suggestions for dos and don'ts in Mexico?
Q:     What is the best form of transportation from the El Paso airport to the
       Econolodge?
Q:     What is the best means of transportation from the Econolodge to the
       U.S. Consulate and back?
Q:     Is there a fee for the multiple entry H-1B visa?
Q:    How to get multiple H-1B from Canada (Montreal, Ottawa, Toronto,
    Vancouver?<<New>>
Q:     Can I renew my multiple-entry visa stamp by mail?<<Changed>>
Q:     What are the different types of H-1 visas?
Q:     What is the difference between Labor Certification and
       Labor Condition Application? I do understand that one is for
       H-1B and the other is for Green Card. Beside this, there must
       be some other difference. What's it?
Q:     It is widely understood that a job ad is required for Labor
       Certification.  Some one told me that a job ad is also required
       for Labor Condition Application but some others told me that it
       is not necessary. What is the truth? If LCA required a job ad,
       why is the job ad required one more time later on in Labor
    Certification?     What is the difference?
Q:     What is the role of my academic degree in applying for the Labor
       Condition Application or Labor Certification? It is said that
       at present only advanced degree (Master, Ph.D.) can have good
       chance to get approval of the Labor Condition Application or
       Labor Certification. Is that true?
Q:     When employer fires an employee on H1-B visa for whatever reason,
       what will happen to the legal status of the person (employee)?
Q:     Can I submit a LCA, then resign and then stay in US legally? or do I
       have to wait till I get LCA certified, file a petition for H1 and then
    resign to stay in US?
Q:    I am already on H1 from X company and have an offer to work for Y
    company on parttime basis. My question is can I still obtain H1B
    for that company. And would it have any effect on My green card
    processing which has not yet begun.
Q:    I've seen people who have two H1 visas due to a change in job - now, my
    friend has a problem - she is in India and has a H1 visa for company A.
    She however has not been able to come here due to personal problems. If
    she were to seek a job from some other company B in the US, is it
    required that she must have used her H1 for A before B can process a H1
    for her?
Q:    I am currently on H1B for the past three years. Next year I plan to
    go to school full-time and hence will have my H1B converted to F1
    (student visa). It will probably take me a year and a half to get my
    degree. This means that  I will have been    on an H1B for 4 years and
    then on a F1 for 1.5 years.
    My question is, can I get another H1B after I come out of school? What
    will be the duration of that H1B?
    Since the maximum duration of a H1B is 6 years, will my earlier 4 years
    be counted, so that I might get a new H1B for 2 years? Or will I get a
    fresh H1B, unrelated to the the one I have currently?
Q:     Can someone on H4 take up an assistantship after being admitted to
    school based on the fact that he/she has applied for status change
    to F1 at INS?
Q:     How do I change my status from H4 to F1?
Q:     What if my spouse has to go back on H4? (If I change a job, etc.)
Q: I obtained my bachelors in India and a masters in the US. If I have
a masters from the US, do I still need to show that my bachelors is
equivalent to a US bachelors?
Q: My H1-B expires in July 1997. When should I file for my visa extension?
Q: Is filing for a visa extension the same as filing a new H-1?
Q: Can we use the previous LCA in filing for an H-1 extension?
Q: I am currently on an H1-B visa and in the process of getting my green
card.  Can I still apply for a DV-98 visa and if I do, will it affect my
labor certification?
Q: If an individual starts processing an H1-B through one company while
working for another through an H1-B and leaves the current company before
the new H1-B is approved, how much time can individual stay in the US?
Q: What is the individual's status during this time? What is a spouse's
status if on an H-4?
Q: If a non-immigrant specialty occupation worker on an H1-B status gets
another employment opportunity with another employer, what steps are
required for the transition from one employer to another? What happens
to the original H1-B petition? Is there a restriction on the employee
not to start working with the next employer?
Q: I am an H-1 wishing to start a company. Is it possible?
Q: According to H1-B employment law, can an employer change the salary from
the salary documented on H1 application? My employer is doing contracting
business and paid me a lower amount the first month because it did not
have any clients?
Q: How many H-1s can an individual obtain?
Q: Does the number of H-1 visas obtained by one person effect the green
card application process?
Q: Can you have simultaneous H1-B (One full time and one part time at the
same time working for two different companies)?  If so, is the six year
period calculated for the multiple visas?
Q:     What documents do I need for H4 visa when applying at US
       consulate ?<<New>>
Q: My wife has an H-4 visa and she wants to work.  She would like to obtain
an H-1 visa.  Is it the normal procedure or does she need to do anything
different?



Information for Canadian Permanent Residents and Citizens
    ----------------------------------------------------------
Q: Does a Canadian Landed Immigrant (Canadian PR) need a visa to visit the
US?
Q: What is the maximum duration that a Canadian Landed Immigrant can stay
in the US without returning to Canada?
Q: Does a Canadian Landed Immigrant need a visa to work in the US?
Q:  What are the obvious options for a US work visa for a Canadian
Citizen?
Q: Does a Canadian Landed Immigrant need a visa to attend school in the US?
Q: Does a Canadian Landed Immigrant qualify for special treatment under
NAFTA?

                J Visa
                ------
Q.  What are the various type of J-1 categories?
Q:     On what grounds can I get a waiver?
Q:     Who makes the waiver decision?
Q:     What's a NORI?<<Changed>>
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:     Does marriage to a US citizen help?
Q:     How do I go about applying for a waiver?  Do I have to work for
    the sponsoring agency?
Q:  How long does the whole process take?
Q:     Do I need to hire a lawyer to apply for a waiver?
Q:     When can an interested U.S. Govt. agency sponsor me for
       a waiver of the HRR?
Q:     What are the steps for getting a NORI?
Q:     Can I change my visa status from J-1 to O-1 (temporary alien
       worker of extraordinary ability) if I am subject to the HRR?
Q:     Can an interested U.S. Government agency sponsor me for
       a waiver if I work for a private company?
Q:     If an interested U.S. Govt. agency sponsors me, will I get a waiver?
Q:     How long does it take for me to obtain the waiver once I submit
    my papers to the interested Govt. agency?
Q:     What is the procedure followed in an IGA waiver?
Q:     How often can I apply for a waiver?
Q:     What happens after the USIA makes a favorable recommendation for
       the waiver of the HRR?
Q:     Do I need to submit additional documents to the INS for the waiver?
Q:     How long does it take for the INS to grant the waiver?
Q:     Can I petition for change of status from J-1 to H-1 as soon as I
       receive the USIA's recommendation or do I need to wait for the final
       waiver from INS?
Q:     Has anyone been refused a waiver by the INS after the USIA has made a
       favorable recommendation?
Q:     I have already been denied a waiver based on a "no objection"
    statement.  Will it help me get a positive response to an application based
    on a "no objection" statement if I am able to demonstrate that a
    University is interested in hiring me?
Q:     How likely is it that a philosophy graduate will be able to get a
    waiver by having a University tell the Department of Education they
    needhis or her services and "having" the Department of Education apply
    to USIA?
Q:     Can I accept a tenure track university position under the premise that
    I will complete the first 18 months on a J-1 visa as practical training, then return to home country for 2 yrs., and then come back?
Q:     If I win a green card in a lottery, am I no longer subject to HRR?
Q:     Will it help me to get a waiver to switch to F-1 visa (rather than
    just to a different sponsor)?
Q:     I am a PH.D student in the humanities. After I finish my studies, how
    long is my practical training period on J-1? 18 months? 3 yrs.?
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:     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 is USIA's address?
Q:     Does a J1 have any advantages?
Q:    What constitutes intent to abandon the exchange program?
Q:     What are the consequences of seeking an extension of the J-1
       status if the J-1 holder has shown proof of abandoning the exchange
       program?
Q:     Is the J-2 visa holder (spouse and children of a J-1 visa holder)
       subject to the 2-year home residency requirement, too?
Q:     I am a graduate student on J-1 visa. Do I need to have a secured job
       in USA in order to apply for a waiver?
Q:    What is the USIA policy regarding approval of J-1 extensions while
    a waiver of HRR request is pending?

                       F Visa
                       ------

Q:     Who can apply for an F-1 visa?
Q:     Can other non-immigrants pursue studies in the U.S.?
Q:     Can I pursue an F-1 visa if similar training is available in my home
    country?
Q:     How long can I stay on an F-1 visa?
Q:     Must an F-1 student be studying on a full-time basis?
Q:     Am I in status if I do not study during my schools summer vacation.
Q:     What if I am unable to complete my program by the time indicated on my
       I-20AB?
Q:     What are the procedures for applying for an F-1 visa?
Q:     What financial requirements must be met to receive an F visa?
Q:     How strong must my English skills be to qualify for the F-1?
Q:     What evidence do I need to present to show bona fide non-immigrant
       intent?
Q:     Is it difficult to change from another non-immigrant visa category to
    student status?
Q:     Can I transfer schools on the same F-1 visa?
Q:     What if I am changing educational programs but remaining at the same
    school?
Q:     What are the procedures for pursuing on campus employment?
Q:     What are the options for off-campus employment?
Q:     What should I do if I am out of status on my F-1?
Q:     What status will my spouse receive?
Q:    Is an F1 visa holder permitted to start their own business
       in the US (as a sole proprietorship or corporation)?  Is
       some sort of a INS permit required?
Q:    If my current F-1 visa has expired, is it possible to obtain
    F-1 visa from Canada/Mexico?

               Practical Training
               ------------------

Q:     Can a person keep two jobs while on F-1 practical training, considering
       both jobs are in the same field of study?
Q:     If one can work on two jobs, is the person allowed to work for more
      than 40 hours per week as combined total time for the two jobs?
Q:     Can one work as a consultant for more than one company while on F-1
       practical training?

                       K Visa
                       ------

Q:     Who can apply for K visa?
Q:     How do I obtain a K visa for my fiancee(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?
Q:    Are there any special requirements depending upon local customs in a
    country (Ukraine)?

                      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?
Q:     Can I apply for a L-1 classification?
Q:     What happens, if one of the subsidiaries (either in the United States
       or in the foreign country) goes out of business?
Q:     Does this mean I have to leave the United States?
Q:     In case I want to escape the trap with the involuntary termination, if
       my company goes out of business, can I switch to a different kind of
       visa (e.g., to an H-1B) at any time?
Q:     What's the cost for a L-1 visa?
Q:     Do you need a lawyer to get a L-1 visa.

                      Visitors Visa
                      -------------

Q:     What documents should I send to sponsor for a visitors visa?
Q:  Dear Rajiv, we are expecting a baby and would like our parents to
    visit.  What documents do we need to send them for a tourist visa.
Q:     How can I extend a visitors visa?
Q:     Can the immigration officer at the port of entry (or any other
       INS officer) cancel the B1/B2 visa?  If so, on what grounds?
Q:     Can I apply for a social security number on a B1/B2 visa?

                      Labor/GC
                      --------
Q: I am currently holding an H-1B visa. If I decide to apply for a green
card,what are the steps I need to follow? Does it take less time if I
am working for    a university?
Q:    How many days/weeks/months does it take to get a Labor Clearance
       for GC?
Q:    What is "Reduction in Recruitment (RIR)?"
Q:  What is "priorty date?"
Q:     How do I check the status of a labor certification pending with
    the U.S. Department of Labor?
Q:     How many days/weeks/months does it take to get a I-140 approval ?
Q:     How many days/weeks/months does it take to get a I-485
    approval?
Q:    Can netters please provide their experience in adjustment of status
    (I-485) interviews)? A: San Jose, CA
Q:     What is involved in the labor certification?
Q:     I am currently on an H1-B visa on behalf of a Software company. I have
    B.S degree in Electrical Engineering and about 8 years of professional
    experience in this area.  I am about to begin the process of applying
    for    Labor Certification. I have 'heard' that not having a Master's
    degree may    prove a hindrance to  my case for LC. ( The job only
    required a B.S as the minimum degree with 2-3 years of experience when
    I applied for it).  What if any impact would my Educational qualifications
    ( only BS ) have in the DOL    processing my application?
Q:     What are is the DOL actually looking for when it goes through the labor
      certification process?
Q:  What are the 'additional' things that I need to address, and take
    account of before filing the advertisement and starting the LC process?
Q:     Would requiring a BS with 2-3 years of experience change the preference
    category of my labor certification  process?
Q:     Does the employer need to show the company's finances?
Q:  A friend of mine had got the labor certification and while waiting
    for his date became current, he get laid off from his job.
    Could you please tell me is his labor certification still valid
    for GC application?
Q:  Dear Rajiv, a friend of mine, who doesn't have access to the net, is a
    computer consultant - on an H-1B visa,
       - has obtained his labor certification,
       - and is about to file his I-140.

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

Q:     What is the statute of limitation on labor certification?
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 my spouse qualify for greencard with me even if she is on a
    non-dependent visa like F1 ?
Q:     At what point spousal petitions can be attached to the forms
    I-140/485 ? I-140 part 7 clearly asks for a list of dependents. Can
    a person file I-140, get married and then petition for his/her spouse
    on the I-485?
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 received, 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:     I have seen many people pre-advertise for a position (i.e. not get the
    job opening approved before hand) and thus save a significant period of
    time in getting the LC. From what I gather, people seem to have a fair
    amount of success in this.
    However, my company lawyers are strongly opposed to it. DO YOU KNOW WHAT
    THE SUCCESS RATE OF THIS IS? Is it any different in NY from other places
    like DC area?
Q: If the second category (EB 2) also needs the labor certifications
    (except in cases of national interest), what is the benefit of this over
    applications in the third category? Is this somehow related to the 'fast
    track approval of some LC applications by the DOL?
Q:     If I am working for Company "A" through another Company "B" which has
      started my labor certification process i.e. Ad in newspaper is done and
      I am waiting for the Labor Certification from the Dept. of Labor but in
      the meantime I got a job offer directly from company "A" and in this
      case will the labor certification filed by company "B" valid since the
      job description is same or do I need to start all over again and get a
      new labor certification ?
Q:     How long does an employee who receives GC through Labor Cert. have to
       work after getting the (actual) green card before changing to another
    job? I    find this a very interesting question in today's dynamic job
    market. Would you please kindly give me some advice on this issue.
    You help is greatly    appreciated.
Q:     Can an applicant qualify for a GC without going through
       Labor Certification?
Q:     Is a job offer necessary for the above classifications?
Q:     Where can I get details about the rules and regulations pertaining to
       the employment based immigration classifications?
Q:     Thanks for maintaining the USA Immigration FAQ:
       I have a few unanswered questions.  I am planning to
       submit a petition based on immigrant classification as
       an alien of extraordinary ability. What are the major steps
   (milestones) towards obtaining the GC after you submitted
       the petition?  What is the typical duration of each step if
       the petition is based on extraordinary abilities?
Q:  Mr. Khanna, as a follow up to the above question, in which step do
    you need your dependents to be in the U.S?
    (in the interview?).
Q:     Another followup, if you are granted an interview, can you postpone
       it until your dependents can join you.
Q:     If your dependents cannot join you for some reason, can you still
    get the GC just for yourself - and apply for the GC of your
    dependents later on (even if your original petition has included
    your dependents).  How long will the latter process take?
Q:     Summary of Green Card Interview in Newark, New Jersey
Q:     What is the national interest waiver (NIW)?
Q:     How does an individual qualify for the national interest waiver?
Q:     What are the conditions that need to be satisfied to be in the
       national interest?
Q:     How are the national interest waiver cases adjudicated?
Q:     Which fields have the greatest chance of success for the NIW?
Q:  What form should I file to seek the national interest waiver of the
    job offer and labor certification requirements?
Q:     Who files the petition in a national interest waiver case?
Q:     Can I change employers before my GC interview if my I-140 is approved on
       the grounds of a national interest waiver (NIW)?
Q:     What are the recent INS proposals regarding the NIW?
Q:     What supporting documentation must be submitted to demonstrate
Q:     I have filed an application for change of status. I have a
       non-immigrant visa [e.g. H-1B] which will expire next week.
       Most likely I will not be called for my GC interview before
       next week. Should I file for an extension of my non-immigrant
       visa [e.g. extension of H-1B visa] ?
Q:     What are the various categories of "Preferences" ?
Q:     What is the waiting period for such cases [2A category]?
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?
Q:     What are the benefits/restrictions of a U.S. Permanent Resident?
Q:     Can I travel abroad?
Q:     Do I have to register with Selective Service?
Q:     Do I have other responsibilities?
Q:     If I am a permanent resident, can I get public benefits?
Q:     Is it safe to get public benefits?
Q:     Why should I become a U.S. citizen?
Q:     Do I need to be a permanent resident to get Social Security benefits?
Q:     What are the current requirements of your stay in US to be able to
       retain the Green Card.
Q:     How do I maintain my Green Card if I am traveling abroad for an
    extended period of time.
Q:     After getting stamped in the passport for employment based immigration,
    how long is an employee required to work with the employer that
    sponsored the employee for immigration.
Q:     Please discuss the consequences, immediately after obtaining
    immigration (meaning within a day or two).
    a. If the employee voluntarily quits/leaves the employer.
    b. If the employer fires the employee for performance related reasons.
    c. If the employer fires the employee because of the personality problems.
    d. If the employer lays-off the employee for economic reasons (lack of
       adequate business or resources).

Q:     If the employer lays-off the employee to avoid payment of the agreed or
    the promised salary (as stated on the Labor Certification or the Job Ad.)
Q:     Can a Permanent Resident Visa be revoked for any of the above stated
    reasons?
Q:     Under what circumstances can a Permanent Resident Visa be revoked.
Q:     What should I do if I don't have my birth certificate?
Q:     Do permanent residents need to apply for a visitors visa to visit
    Canada?
Q:     Doesn't the new adjustment of status provision in the INS Fiscal
       Year 1995 Appropriations Act create another amnesty program
       for illegal immigrants?
Q:     Why was this provision added to the Appropriations Act?
Q:     Specifically what types of foreign nationals are affected by this
    new provision?
Q:     Is there an estimate of how many such foreign nationals are eligible
    to apply for permanent resident status?
Q:     Are all aliens in the United States who are out of status now
    eligible to apply for adjustment of status to permanent residence?
Q:     Do priority dates still matter? Can aliens, regardless of priority
       dates, now immediately apply for adjustment of status?
Q:  I ( US Citizen) need to petition for a US greencard for my parents
    who are right now in Venezuela.
  Q    1.    Once the application step is begun, is it TRUE that parents must
           remain where they are at? Does this apply to third countries like
           Venezuela? I am petitioning for my parents and they are in Venezuela.
        So they can't leave Venezuela?
  Q    2.    Is there a distinction between petition form and
        application form? For immediate relative case, is the
        I-130 the petition and application form or is it just
        the petition form?
 Q    3.    For immediate relatives, is it really required to produce
        birth certificates of the parents? (I am US citizen and
        have my birth certificate, but they are Indian and don't have
        birth certificates)?
Q:    Do I have to replace my Green Card?

                        GC Lottery
                       -----------

Q:    Provide Info about the GC lottery

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

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Rajiv S. Khanna                         Voice: [phone]
LAW OFFICES OF RAJIV S. KHANNA  Email: [e-mail]
1129 20th Street, NW, Suite 400        [e-mail]
Washington, DC 20036-3403       Home Page: http://www.immigration.com