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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: H visa questions and answers (part 3 of 6)
Followup-To: alt.visa.us
Date: 29 Oct 1997 05:08:36 -0500
Organization: Law Offices of Rajiv S. Khanna
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Summary: Frequently Asked questions for alt.visa.us,misc.immigration.usa (H visa)
Keywords: FAQ alt.visa.us misc.immigration.usa H H-1B visa
Xref: senator-bedfellow.mit.edu alt.visa.us:47448 misc.immigration.usa:56917 alt.answers:29937 misc.answers:6733 news.answers:115656

Archive-name: us-visa-faq/part3
Last-Modified: 11 August 1997

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

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. 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 [e-mail] with
        send usenet/news.answers/us-visa-faq/part3
in the body of the message.

Please see part1 of this faq for standard disclaimers.

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."


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>>:

                      H visa
                      ------

Q: So what the heck is an "H-1B (or H-1)?"
A: [from Rajiv S. Khanna, [e-mail]]
    I receive so many inquiries on this.  So, here are some excerpts from
    our files for you folks:

An H-1B classification is available, for a period not to exceed a total of
six years, to a foreign employee:
    A.    who will be incumbent in a temporary position
        ("temporary" is defined as that which is not permanent, or that
        which is for a definite term as opposed to an indefinite term);


    B.    who will perform services in a specialty occupation
        (Most professional jobs are classified as "specialty occupations");
        and


    C.    on whose behalf the employer has obtained an approved Labor
        Condition Application
        (A Labor Condition Application serves, amongst other things, to
        ensure that the employer is not paying less than prevailing wages).


    H-1B Visa (Procedure)

    1.    Obtaining Labor Condition Application ("LCA")
        a.    Obtaining Prevailing Wage Determination
            We first need to obtain a prevailing wage determination from
            the local employment office that has jurisdiction over the
            geographical area of employment.  Having obtained the prevailing
            wage for the offered position we will then file an LCA with
            Department of Labor.

        b.    Applying to the U.S. Department of Labor

            An LCA is an application to the U.S. Department of Labor
            ("DOL"), whereby an employer assures the DOL that hiring
            of a foreign worker would not be detrimental to similarly
            situated U.S. workers.  DOL will routinely approve the
            LCA if it is completed and signed.  The approved LCA will
            then be sent back to us for filing with the
            Immigration & Naturalization Service along with
            the petition for H-1B classification.

    2.    Filing with the Immigration & Naturalization Service ("INS")
            Filing with the INS entails submitting proof of the employee's
            qualifications and of the offered job conforming to the
            criteria explained above in this letter.  Additionally,
            certain forms will be submitted describing the job and
            providing certain basic information about the employer.

    Application to the INS is the last step in the H-1B classification
    process.  On rare occasions INS may require further documentation
    to prove various elements of H-1B classification.

    What is Required of the Employer

    1.    Maintaining Documentation
    The LCA process requires that the employer maintain in its office a
    file containing documentation of various assertions that the employer
    will be making in the LCA application.  One example of this
    documentation would be the prevailing wage determination that we
    obtain from the local employment office.  Please note, we are not
    required to submit this documentation to the DOL, only to maintain it.
    I will describe this documentation in further detail before we file
    the LCA.

    I may add that the employer's failure to comply with these procedures
    could lead to, among other things, money penalties and imposition of
    a ban on the employer against hiring other H-1B workers.  The DOL has
    indicated that it considers the entire process to be "complaint driven."
    That is, unless somebody complains, the DOL will routinely certify
    all LCAs.


    2.    Other Liabilities

    Under the regulations, if the employer were to dismiss the employee
    during H-1B classification status, the employer could be liable to pay
    the employee's return fair to his or her last place of foreign residence.
    Please note that this liability continues only during the H-1B status.
    Change of status to permanent residence or any other change of employee's
    status, absolves the employer of this liability.

Q: Do I need to hire a lawyer for H-1B/GC?
A: [from B.G. Mahesh, [e-mail]]
   [Modified by Rajiv S. Khanna, [e-mail]]
   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.

Most people who process their H-1 without legal help open their employers
and themselves up to liability.  Only 10% of H-1 processing is filing forms.
Rest of the requirements exist in the background.  The employer is required
to maintain various items of documentation.  These are not submitted to
regulatory authorities, which is why most people do succeed in obtaining
their H-1.  If, however, there were an audit by the authorities, there could
be major problems.

Q: How much does it cost to hire a lawyer for a H-1B visa?
A: [from B.G. Mahesh, [e-mail]]
   Anywhere between $700-$1500. I have known people hiring lawyers for
   just $700 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, [e-mail]]
   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]
   [Modified by Rajiv S. Khanna, [e-mail]]
   Form I-129 and H Supplement. You can get it from your INS office.

Q: Is there any special requirement to get H-1B ?
A: [from Rajiv S. Khanna, [e-mail]]
Yes.  Basically, You must have the U.S. equivalent of a Bachelor's degree in
a specialized  subject (such as computer science, economics etc.) and the
job must require such specialization.  There are many other requirements,
but this is where you begin.

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>>

A:  [from Rajiv S. Khanna, [e-mail]]
Normally, yes.  But there can be no guarantees.  The problem most often
encountered is that H-1 is approved for one job site, but the employee is
working at another.  Lately, we have been finding consulates creating many
problems in addition to the above:
- Prove the employer can pay the wages
- Prove that the beneficiary is qualified for the job

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

A: [from Rajiv S. Khanna, [e-mail]]
You are normally best advised to apply from the country of last residence
or home country.  But as a practical matter, a U.S. consulate in a third
country  may give you the visa.  It depends upon whether or not that
consulate accepts  H-1 applications from persons not connected with their
consulate.

Under the 1996 immigration law, if you have ever been out of status,
you will not be permitted to apply for a visa in a third country,
unless you fall under certain limited exceptions.  Some more details
on http://www.immigration.com

Q: Can I get a H-1B visa for a part time job?
A: [from Rajiv S. Khanna, [e-mail]]
   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, [e-mail]]
   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, [e-mail]]
   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, [e-mail]]
   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, [e-mail]]
   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 Clearance that is required now a days. Will the renewal need
     such a clearance from DOL ?
A: [from Rajiv S. Khanna, [e-mail]]
   Yes, you will now need clearance ("LCA").

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?

A.  [from Rajiv S. Khanna, [e-mail]]
The forms for LCA are federal (ETA 9035).  Therefore, they are the same all
over U.S.  The certified LCA itself, however, is valid only in the region
where it is certified and for the job location it is certified.

Q: How many days/weeks/months does it take to get a H-1B?
A:  [from B.G. Mahesh, [e-mail]]
    [modified by [e-mail]]

    This depends partly on the state you reside. Generally after your LCA,
    it should about 1-8 weeks to get your H-1B visa.

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?
A: [From many on the net]
    [modified by Rajiv S. Khanna, [e-mail]]
   Yes, you don't require the original H-1B document from your
   present employer to get a new H-1B. A xerox copy of the old H1
   approval is sufficient (if at all needed) to file for a change of
   employer (Even though you have to go through the whole process of
   getting the first H1B approval).

Q: How much is the fee for H-1B, H4.
A: [Rajiv S. Khanna, [e-mail]]

    H-1B : Correct fee IF you are changing status (e.g. from F-1 to H-1)
           and applying for H-1 is $155.  If you are already in H-1, the
           fee is $125 (For people already in the U.S.).

    H4 :  Many variables.  Check with your lawyer or INS.

Q: I did not get a "Blue" form with my H-1B visa approval notice. Why?
A: [from Rajiv S. Khanna, [e-mail]]

    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 a watermark of the statue of liberty and 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-797A.

Q: If my company is bought by another company is my H-1B visa still valid?
A: [from Rajiv S. Khanna, [e-mail]]
   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: 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?

A: [from Rajiv S. Khanna, [e-mail]]
INS has recently given an opinion that unless the old H-1 is specifically
canceled or invalidated, it continues to be valid.

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

A: [from Rajiv S. Khanna, [e-mail]]
Certainly, but you will need to file a new H-1 even for X, because if
the old H-1  were approved for full time employment, the change to part-time
requires a new  H-1, UNLESS the old H-1 (with X) was for a range of hours
(10-40 hrs./week).

Q: If I get promoted do I need to get a new H-1B visa?
A: [modified by [e-mail]]
    Technically, you do need a new H-1.  In real life, if the jobs are
sufficiently close in description and responsibilities, I recommend that
your employer just send a letter to INS.  Once again, do NOT make your own
determinations.  Seek an attorney's opinion.

Q: Could netters please provide some personal experiences of H-1 multiple
entry visas from (Canada: Halifax, Montreal, Quebec City, Toronto,
Vancouver ---- Mexico: Juarez)?<<Changed>>
A:
----------
CANADA
----------
    Halifax, Canada
    ----------------
    7 July 1997

Hi Mr.Khanna,
Your FAQ was very useful for me. I am adding my experience
in Halifax, Canada where I got my H1B visa on July 7,1997.

        I got the appointment through the 900 number. Actually, I could
 not get the apptmt anywhere else(Toronto, Quebec city etc.) so Halifax
 was the only place. Also a thing to note is that, I was asked to call
 on a particular day(June 17) to make the apptmt for July 7th, but
 when I called that early morning, they were are taken up in all
 places except Halifax. So I guess they do not necessarily give away
 apptmts two-three weeks in advance.

 The documents I had were LCA, I-797, the petition, I20s, I-94s, Apptmt
 letter, Degree  Certificate, (I also had a letter showing my date of
 graduation just to show that I had finished my degree before my joining
 date), Pay stubs, EAD, Bank statement,Employement verification letter,
 OF-156 with photograph(on a light background), job offer letter, company
 ID, transcript from University.

         They took all originals from me and made a copy of them I think,
 before they returned them. The visa officer asked me the dates in USA,
 where I was, what I was doing etc, my work and my period of stay in US.
 Then they took $100 + $20(processing fee) and gave me my visa. The whole
 process took a few hours only, so I got the visa the SAME DAY. Halifax
 was a small consulate with few people, but were very particular about
 the documents. I  was there at 8:30 am when they opened the office and
 the processing started immediately. They were pretty courteous and prompt.

        There is a garage for parking next to the Coxwell towers. There
 is a mall in the building, a hotel etc. etc. - the consulate is on the
 nineth floor.
        HALIFAX is a beautiful sea-side town, did a lot of site-seeing
 there.

-- Ashok
  [e-mail]



[Various People on the net including Dip, [e-mail]]
    [Modified by [e-mail]]

NOTE:
******
For all consulates in Canada, First obtain an appointment by calling
    1-900-443-3131



[From Vijay Jagannath, [e-mail]]
Halifax
----------
Hi Mr. Khanna! Your FAQs proved to be very useful when we prepared our
list of documents to appear for a H1-B and H4 visa recently in Halifax,
Nova Scotia, Canada.
        I am documenting my experience in Halifax 'because I didn't see
anybody mentioning about appearing for any kind of Visas there. This
US Consulate is located on the 9th floor of Chateau Halifax (a hotel) in
downtown Halifax. The phone # is [phone]. The processing time for
H1-B visas is 1 week. We appeared on 10th April 1996 and we submitted the
following documents (may not be the same set for everybody!) as per the
official's request:
1. Application form with the processing fee of US $20 each (H1-B & H4).
2. Letter from the employer
3. Passports
4. H1-B & H4 approval notice
5. Passport photos
        They asked us to return after a week 'because they needed 7 days to
check on the background and stuff. We reappeared on 17th April. There
was a wait of a couple of hours before we ere interviewed. The official
just asked me for my EAD and asked my wife about the date of the marriage,
the reason for visiting Canada,etc. That's it! Our visas were approved
and we had to pay US $100 each as the reciprocity fee. This varies based
on the nationality. I reiterate,the list of documents that I have provided
may NOT be the same for EVERYBODY. It's better to be equipped with more
documents rather than repenting on the spot.
        This is a small Consulate. It's just a suite on the 9th floor.
They issue visas only on Mon.,Wed and Fri. between 8.30am-11.30am Atlantic
Time (1 hr. ahead of EST). They are open to inquiries after 2pm on these
days. So,if you have 10 days at your disposal,this is a beautiful place
for vacationing also.

Montreal
---------
June 20 1996
[From: Saqueb Ali [e-mail]]
-------------

Experience in getting H-1B from Montreal on June 20th, 1996
[by Saqueb Ali and Toufique Khan]

Getting H-1B from Montreal was a pretty interesting experience. First one
need to get a Canadian visa. They require
    - I-797 (original or copy)
    - I-94 (original)
     - Your appointment letter with the consulate
    - US$40 (single entry) or US$65(multiple entry)  cash only!!!

It is better to make appointment with the US consulate before taking the
Canadian visa.
For all consulates in Canada, First obtain an appointment by calling1-
900-443-3131

US consulate at Montreal address:
1155 St. Alexandria (Between St. Catherine and Rene Levesque. )

Paperworks usually asked for:
 1. Original H1-B approval notice (I-797)
 2. Petition for H1-B, I -129 (copy)
 3. Approved ETA-9035 (Labor Condition Application)
 4. Original Degree and transcripts
 5. Letter from employer stating the title, salary, job description, why
need to travel etc. (should address to the visa officer at the consulate).
I got away with a letter from HR, stating just my status, title, salary
and starting date.
 6. Last I-20 (if applicable)
 7. Employment Authorization Card (for F-1 practical training)
 6. Pay stubs and ID
 7. Completed application form (OF-156 which comes with the appointment
letter) with one picture stapled
8.  US$20 as visa application fee (cash only)
9.  For Bangladesh nationals, no reciprocatory fee. Please verify
though.
10. Job offer letter

It is also a good idea to file a change in consulate location (if
different from H-1B petition) with INS before going to that particular
consulate. They might want to see that.

No need to stand in the line as the appointment has already been made.
We went there around 8:05 am. Around 8:15 we took the elevator to the
19the floor and paid the $20 application fee. Then we stood in another
line gave the application form, passport, I-797 and whatever documents
they asked for. They wanted to see the letter from HR, H-1B petition.
Then me and my friend waited for an hour before our name was called. I
was asked questions like
where I work and what I do? The # of employees at my workplace. Wanted to
see my degree, I-797, I-129, LCA, the letter from HR. He did not ask me
any more questions. I was interviewed for only 2 minutes. The officer who
took my friend's interview was pretty rude. My friend was asked, what is
so special in him that he got the job right after graduation, and lots of
questions regarding studies and work experience etc.......he was there for
10 minutes. One other person who was denied the H-1B was pleading to the
officer that he was saying the truth. That only increases the suspicion
of the INS officer. Be straight and concise. They also denied quite a few
number of H-1B visas on the same day we went for the interview.
The visa was given between 2-3 p.m. the next working day.

We stayed at Travelodge which was only 5 minutes walk to US consulate.
 Travelodge:
 Reservations: 1-800-255-3050
 Montreal Center;     50 Blvd. Rene-Levesque, Montreal Quebec.
 Ph: 514-874-9090


--------------------------XXXX---------------

   Montreal: US consulate phone # [phone]

[Addition From Raghu, [e-mail]]
Once the doors open at around
7:45am, people are made to sit in a room after security check. There is no
numbering system in the room. Hence, it doesn't make much sense standing in
line very early.  After 8:30 am, you are allowed to take the elevator up to
the 19th floor to the visa section. (Note: The elevator doors open on the
other side when you get off!) Three counters operate simultaneously to
check your paperwork. The  officer I went to was quite rude and asked me a
lot of questions. Some other people with me had a similar experience. One
person was asked for his I-20 from school, EAD and all diplomas. Its best
keep all the documents handy. However, some folks got off quite easy. The
actual interview was quite simple. Just some questions about the kind of
work I do etc. The passports are issued next business day between 2:00pm and
4:00pm. Overall, a good experience.

Places to visit in Montreal: Biodome, Olympic stadium, Mont Royale, Casino,
St. Catherine St., Old Montreal etc., lots French cafes, old churches and
historical landmarks.

Helpful hint when finding your way around : a little bit of French is very
useful

Accommodation : Travelodge in downtown Montreal is walking distance from the
consulate. Approx. Can $55/day.

Ottawa [OLD]
--------

   Ottawa: I decided to go to Ottawa, but you have to call
   and an appointment.
          Address: 85 Albert Street, suite 805.
          Tel: [phone] ext. 300.
   It is very difficult to get them to talk to you, so you
   have to keep trying. I got them on Tuesday in between 2-4 p.m.
   Once you have the appointment, the rest is easy.
   H-1 appointments are made on Tuesday mornings only (8:30 am to noon).
   You need: passport, H-1 approval form, Photo, Job letter,
   Labor certification, pay stubs, $ 100 cash. The above items will be
   mentioned to you when you call to make the appointment.
   The visa is given to you on Wednesday at 3 p.m.

   Place to stay: I stayed at the Butler Motor Hotel,
          112 Montreal Road (tel : [phone]).
   There are several Motels on the same street. The daily charge,
   including breakfast, is $ Canadian 44:50/day.

   Ottawa is a beautiful city and you will have enough time
   to check out the downtown which is pretty.

Quebec City [OLD]
-----------
   Quebec City: US consulate phone # [phone]. I believe that in
   For Quebec, starting from Nov. 1'94 anybody applying for visa needs
   prior appointment. Visa working days are Mon.,Wed and Fri. If you are
   granted visa, your passport will be given on next "visa working day".

---------
Where to stay in Quebec?
[from Kalpesh Sheth, [e-mail]]
   US consulate is surrounded by number of hotels/motels (chateau in
   French). Consulate is in old Quebec city and be sure to make reservation
   in the hotel, which is nearby consulate. Any thing in old Quebec city is
   walking distance. Avoid taking car to consulate if possible, because
   parking is rare (or you can park in one of the paid garage and then walk
   for 2 min.). I stayed at Hotel Chateau Bellevue(1-800-463-2617). It was
   right in front of consulate. Price was CAN$59/night. Other which are
   nearby are Au Chateau Fleur De Lys(1-800-567-2106), Le Chateau De Pierre
   (1-418-694-0429). For more details refer to AAA tour book on Quebec.
   Consulate is loc. at 2,Terrasse Dufferin, in downtown Quebec. Once your
   apt. day is over you can look around for cheaper deals.


------
How is the experience of getting H1 Multiple from Quebec?
from Kalpesh Sheth, [e-mail]]
   Very very friendly. When you fill up the form, one person will ask
   you different questions about your case and charge you US$ 20 right away
   as visa processing fees. After that, you will be asked to sit down and
   wait for officer to call your name. He asked me different questions like
   how is it like to work with my company. What kind of products you have,
   what do you do etc. I gave him enough doze of buzzwords that he can't
   understand! Then he asked for my EAD card (may be just wanted to make
   sure my transition from F-1 to H-1 was without any holes :-)).
   That's it!! He told me to come back on Monday (as my apt. was on Friday)
   to pick up my visa. They will charge another US$ 100 for visa.
   (Total cost of visa is US$ 100 + US$ 20 = $120)

Toronto
---------
[From: Sharma, Lalit, [e-mail]]
19 June 1996
F1 to Multiple H-1B from Toronto
 -----------------------------------------------
I made an appointment through' the 900 number. got the date 2 weeks later
on Friday, June 7, 1996 at 8a. Got this confirmation through' mail.
Even though I had the the appointment, that was just the permission to
stand in line. So reaching there at 7.45a made me wait behind 125 people.
My turn finally came at 10.30a. The guy at the counter asked a few
questions:
whether I was legally authorized to work, Transcripts, Degree, I-797, I-129,
LCA. This took about 10 minutes.
After this I ( and all others) was asked to wait for the second interview.
They called out names for this one. This time, I was only asked how was this
job related to my academic qualifications. (Showed my transcript). I have a
MS in EE and am working as a Systems Analyst/Programmer.
For the second interview, one of the person behind the counter is highly
knowledgeable in various fields.  So If you are a programmer and have a
degree in Mechanical engineering, he will ask you all types of questions to
make contact between your Mechanical engineering thesis and the programmer
job.

Staying at Toronto:

Executive Motor Hotel  (Kings Ave.) which is about 15-20 minutes walk to
the consulate. cost is $45.00 Canadian. Just outside the Consulate on
Queens Ave. is an Indian restaurant Babur's Restaurant which provides
lunch Buffet.
The passport was returned the following Monday at 3p. So had two days to
discover Toronto: CN Tower, space museum, Bata Shoe museum, Univ. of
Toronto, Eaton Shopping Center etc.


Toronto - 2
----------------
From: [e-mail] (Daniel)
[3 June 1996]
(been there last week-end)

1) Directions: from Detroit-Windsor (by car) take 401East (to London),
when close to Toronto, take 427 South, then QEW (Queen expressway)
East and exit York St., go North (for about 1/2 mile) and ask someone
for the U.S. Consulate (it's on University Ave, pretty close from York
St.). It takes about 31/2 - 4hrs from Detroit (depending how fast you
drive)

2) Be there between 8:00 - 10:30, no matter when you get there, you're
still looking at about 3-4 hours waiting. They'll ask if you have an
appointment, if you don't have one, they'll give you the numbers to
call for future reference (in the U.S. is [phone] and from Canada is
[phone]) but they'll take you anyway.

3) Passports can be picked up the following working day, between 3:00
- 4:00pm.
Take all the papers you have, just in case, and enjoy Toronto, it's a
beautiful place with an awful traffic (at any time).



Vancouver, Canada
---------------------
Date: Fri., 16 Aug. 96 10:24:36 PDT
[From: John Chung jen Hsu, [e-mail]]

Hi Mr. Rajiv,

First let me thanks for your answer before I took off to Canada. The
following is the experience I had for H1B and H4 visa application from
Vancouver.

We took off last Wednesday (8/16) afternoon, arrived Seattle and I rent a
car driving to Vancouver. I felt good for the immigration officer in the
Canada border. Next day, Thursday, my appointment was 8:00am. The consulate
in Vancouver arrange applicant to come in the time order. We paid $20 US
dollar then went up to 20th floor to interview. It took us around 1 and 1/2
hour to wait. The officer ask me for I-797, passport, and diploma. She ask
me how many non American worker in my group, when did I came in USA last
time, and how long I have been in my company. Over all the process was
smooth. At last, she tore out my old I-94 and told us to pick up passport
next day.

Thanks for your help again,
John Hsu


----------
MEXICO
----------
    Juarez - [NEW]
   --------------
Vanishree Velichety
06/09/97 03:08 PM
Hi Rajiv,
Thanks a lot as I have benefited from your immigration web site and your
help over the phone.

I am sending in my experience in Juarez, Mexico on 23rd May. I will not be
repeating the detailed process as it is already available on the FAQ web
page. There are some different things which I would like others to know.

Now a days one has to take appointment for Mexico and the appointment
number is the same 900 number on the FAQ page.
Now a days one needs an Mexican visa to enter Mexico, this is also taken
care by Victor Garcia. The fees he charges now a days is $25.00(mexican
visa)+$35.00 for the taxi. So, as soon as the appointment is taken one has
to speed post the following to Victor Garcia's address, which one can get
by calling his home [phone] --
1. copy of the main passport pages -- which has name and picture
2. copy of the current visa stamp on passport
3. copy of I-797
4. Notarised Spanish letter -- Victor will fax a sample letter to you, if
you contact him.
5. Either ones appointment letter (with the consulate, which comes from
Canada) or the appointment number which one gets as soon as appointment is
fixed.
6. Date of your appointment, time does not matter as it is 10:00AM for
everybody!
     The above documents helps him to get a Mexican visa for you.

List of documents which you carry is the most important as everybody else
has also mentioned. List is already available on FAQ page. Only one
suggestion -- take all documents related to your present and all previous
jobs, all documents related to your studies and anything connected by USA.

Now a days i.e. since past 2 months, most of the people who have been there
seemed to get visa. Yes, before that for a few months it was very strict.
But now, not too many go there. The day I visited this place only 7
foreigners were there and out of which 5 were Indians. All of us got visa
except one but he was rejected due to lack of proper documents.

One nice thing about the present appointment system is that you do not have
to go to the consulate at 4:00AM and wait, you can reach that place at
10:00 AM i.e. 9:00AM El Paso time -- no more long Que.

In the beginning one person takes the following documents (may vary
slightly in different cases) --
1. I-797 -- original
2. Pay stub
3. Attorney certified copy of I-129
4. Attorney certified copy of LCA
5. Passport
6. Appointment letter
7. Application form + a passport size photograph
8. Letter from the company describing the purpose
9. W4
10. copy of degree certificate

Then you are asked to wait -- could be an hour waiting also. Then another
person comes with all your submitted documents and calls out your name and
interviews you. Sometimes, you might be asked a lot of questions but if you
have supporting documents -- you got it! I am writing in short my
experience --
Q: How did you get the present job?
A: Through an newspaper ad.

Q: How do you prove that you qualify for the job?
A: (As I have an Indian Eng. degree and Indian experience only) I just show
him the "Education evaluators certificate" which says that my Indian Eng.
degree is equivalent to US Eng. degree.

Q: Can you get fake degrees in India?
A: Not that I know of.

Q: But I think one can get it?
A: I don't know.

Q: How does these Education Evaluators evaluate the education?
A: I don't know, may be the syllabus.

Q: But I am sure they don't think about the fake degrees.
A: Silence.

Q: But just having degree does not prove that you are eligible for the job.
A: I show him my previous company's 3 yrs experience letter of India.

Q: (sees it for sometime) Anybody can type it and sign.
A: (Keeping a cool face and ofcourse smiling)Anything can happen. I can
only say that these are not fake, I cannot prove at this time that they are
not fake but I have been working in USA for over an year without any
problems which would have not happened if these were fake -- and if these
are not fake then that proves that I am eligible for the job.

Q: How much do they pay you?
A: I showed my HR's letter stating the salary.

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

That is it and I was called at 3:00PM to collect the passport. When I went
at 3:00PM, it took around 4:30PM to come out. We walked to the consulate
and there it took us 3 and half hour i.e around 7:30PM, I got my new I-94.
After that you have to pay $6.00 and come out.

It is better to book a flight back after 8:00PM as I missed mine.

Best of luck and I hope this experience helps.
-- Vanishree



    Juarez - NEW2
    -----------
    Experience 1997
[From Krishna Madakasira, [e-mail]]
Dear Mr.Khanna,
Let me thank you profoundly for providing very vital and useful information
at your web site. We benefitted a lot from the readings contained in H1-B
questionaire. I want to share my experiences when I (Actually we, me and my
wife) went to Ciudad Juareez in Mexico. We took the following documents.
I have indicated in the brackets whether they asked for the document or not
by saying "Asked for" or "Not asked".


1. Original I-797  -----  [Asked for]
2. Attorney certified copy of I-129  -----  [Asked for]
3. Attorney certified LCA  -----  [Asked for]
4. Employer's letters about the offer and why we need multiple entry H1-B.
-----  [Asked for]
5. Original Degree certificates   -----  [Asked for]
6. Pay slips   -----  [Asked for one slip]
7. Fee in cash ($100.00 ( for visa ) + $ 20.00 (for MRV))    [ A must
ofcourse ]
8.Check book ( If there is any emergency ...)   ---- [Not asked]
9. Federal and State Tax returns  ---- [Not asked]
10. Company Brochure   -----  [Asked for]
11. Telephone Bill   ---- [Not asked]

The interview process was a little bit thorough but cool. There were nearly
20 applicants ( 9 in Computer related fields and one Doctor). Everyone was
granted multiple entry. But ... we witnessed some ragging. One of the
consular officers was very rude and asked questions that are totally
irrelavant. Here is the listing of the questions ( We could overhear)
1. Why did not you go back to your country after studies ? ( The most
pestered question)
   ( Ans : want to gain some experience)
2. Why can not you gain the same in your country ?
   ( Ans : Want to get aquainted with the latest technology )
3. Do not you have latest technology in your country ?
   ( Ans : Yes, But want to get some exposure here in US before going back
)
4. First question repeated .
   (Ans : As I said I wanted gain some experience )
5. That is true. But still you could have gone back. Why did not you do
that ?
  (Ans : Stood quiet)
6. Now the nerration started : I know why you did not go back. You want to
settle here. Moreover you can not get a job in your country. Writr a letter
to your government stating that they can not provide us jobs in India ;
that is why we are sticking here . With some strong language this went on
for some time. The response from the candidate's side was "Just be quiet
and keep listening ".

At last he said, "Take your stuff out ". ( He granted visa while saying so)

The above interview was repeated to two more persons.

Our conclusion : There is nothing to panic unless you have some missing
documentation or were out of status. The consular officer knew that he
would not be able to reject visa on legal grounds as all the needed
documentation was on his desk. So we thought that he decided to harass just
for the heck of it, alhough he granted visa eventually.

Again, thanks for your tremendous help and wish you good luck.

    Juarez - [OLD]
   --------------
   A little outdated
    [From Muralidhar Rangaswamy, [e-mail]]
   Ciudad Juarez (across the border from El Paso, Texas)
   I made a pilgrimage to Ciudad Juarez[July 1994], Mexico across the
   border from El Paso, Texas. I was graced and granted a multiple entry
   H-1B visa a couple of days back. Almost all the people who applied for
   H-1B visas that day were granted the visa. The interview with the
   consular officer was less than 2 minutes. Although I was carrying
   extensive documentation with me, the officer only wanted to see the
   H-1B approval notice and my Ph.D. diploma.


   Juarez - [OLD2]
   --------------
17 July 1996
[From: [e-mail] (Shashi Mandagere)]

Here is a brief summary of my experience in Juarez(17th July):

I reached El Paso on 16th of July (night) and took a cab to La Playa
Hotel in Juarez.  The flat rate for cabs is $30.00.  Checked into La Playa
and ate dinner at Denny's, a block from the hotel.  I would recommend
everybody to carry a few (3/person) small water bottles from the US.  I
heard the H2O in Mexico is like the H2O in India(abundant in sand and
micro-organisms). I committed the sin of keeping my water bottle on
the table at the restaurant and I could see the waitress wasn't impressed.
One can also buy water at a liquor store on the way to Denny's.  Candy
bars (heavy ones like PowerBars) are a good source of breakfast while
waiting in the line.
        Stood in line around 4:30AM/after a dozen people got in line
(Mondays and Fridays are pretty busy).  Interview was routine and was
out by 8:30AM.

Questions asked: Where did you graduate from?  Can I see your degree
certificate?  Can I see the letter from your employer? (even before I took
my degree certificate out).  All were brushed aside even without a look.
You will be told to collect your visa at 3PM (if you are approved).
There is no need to get in line early at 3PM as the order does not matter.
Got together with a bunch of guys and took a cab to the border.  Got
a new I94 and was back home in time to celebrate.

Tips:
------
        I would strongly recommend checking the weather in El Paso and
equipping accordingly.  It rained cats and dogs on the day I went
(even though it was summer!).  Luckily the towels from La Playa came
handy.
        Checking into La Playa is cool for the following reasons:
-       It is inexpensive (US$26.00).
-       Can see the line forming in front of the consulate from the room.
-       If traveling with companion, can swap standing in line.
-       Can rest (or watch Spanish TV) after submitting documents
-       A good refuge if told to come back the next day to get the visa (due to
        the computers going down or your passport being misplaced :-).
-       Could use the towels in case of rain (-;
-       Could use the restroom in case the Mexican dinner didn't agree with
        your system.

        The only disadvantage I see is that people tend to get adventurous
and go out to check the night clubs around the area.  I gather it is very
embarrassing and risky if one gets caught (in case of a raid) without
the right visa/documents.

        Make absolutely sure that everything is spelt right on your visa.
Look for the M (Multiple) in the Entry area.  One guy was issued a single-
entry visa and he realized it only after it was canceled upon his entry
into the US at the border.  He had to go through' the whole process again(?)
Book a flight leaving El Paso after 5:30PM so you have ample time to
get a new I94 and rush back to the airport.  Cameras and firearms are
not allowed inside the consulate.  It is a good idea to leave them in
your hotel room.  It is an even better idea to leave them home as there
is nothing worthwhile to shoot around the consulate (pun intended).
        It is also recommended to present oneself in formal wear (No, not in a
suit).  Nobody sane would issue a visa to a person in tattered jeans and
tank top carrying a letter stating he's a globe-trotting businessman.
        Last but not the least, make sure your attorney is not on vacation
on the day of your trial.

        Good luck and have a fun trip.
        shashi  ([e-mail])

Now some serious stuff.
-----------------------------------------------------------
Documents I had on me:

--------Absolutely necessary docs----without these, don't even dream of
        stepping out of the country.

Legend: * --> Documents asked during my interview.

- *I-797 (approval notice) in original. *DO NOT FORGET TO TAKE THE
                I94 ATTACHED TO IT*
        (The whole doc. is a letter of approval and an I94 in the bottom
        of the letter.  Contact your lawyer in case you do not find the
        I94/bottom portion of letter).
- *Valid Passport
- I-129 copy    (Attorney certified)
- LCA copy also known as ETA9035        (Attorney certified)
- *Visa Photo ( 37mm * 37 mm)
- *Employment verification letter (from HR) saying what you do,
        how much you make and how imp. you are to the co., etc.
- Letter from boss requesting the consulate to grant you *MULTIPLE-ENTRY*
        visa for future international travel
- *Degree certificates (original preferred)
- I-20s
- Old I94
- VISA fees US$120.00
--------Supporting docs---these help if you have problems.

- SSN card, drivers license
- Latest bank statement
- Latest telephone bill (to show India connection)
- Transcripts (to prove you did take ballroom-I ;-)
- Tax forms/W-2 copy (to say you have been a responsible person)
- Pay stubs and company ID (like badge and B card)
- Company literature

------------------------------------------------------------
Useful phone numbers:
------------------------------------------------------------
Your company HR, your attorney

Cab driver Victor/Marco Garcia's number
915-588-4736
915-680-2941

Hotel La Playa, Juarez, Mexico. (Try a couple of times. Don't give up
if you get Ms.Dontspeakenglish on line)
(16) 13-71-87
(16) 13-71-88

US Consulate (To verify if they are open on the day of your visit.
Try early hours)
(16) 13-40-48
(16) 13-40-50
(16) 16-80-80



Q: Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico
   or Canada?
A: [from Pramod S. Badjate, [e-mail]]
   [Modified by Rajiv S. Khanna, [e-mail]]
   Normally 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.

   With the passage of the 1996 law, it has become even more uncertain
   whether you will be allowed back.
   Please note, your reentry is NOT guaranteed.

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?

A.  [From Rajiv S. Khanna, [e-mail]]
    I am not certain why your lawyer said that, but it is NOT TRUE.
    While many applications are considered abandoned if you leave the
    country during their pendency, that is not true of H-1.  The reason:
    H-1 is NOT YOUR application/petition.  It is your employer's petition.
    You can leave U.S. and upon obtaining approval of H-1, go to the U.S.
    consulate closest to your residence in India, take your approval notice
    and apply for an H-1 visa.  Now, INS does not like it.  I think there
    is a even a regulation that says you must inform iNS about the visit.
    In my humble opinion, there is nothing stopping you.


Q: What is the phone number of US consulate in Juarez, Mexico?
A:  [ From Rajesh Kumar Singh, [e-mail]]
    Country code: 52
    Area code:    16
    Phone #:      13-40-48

Q: What documents are needed to get a multiple entry H-1B visa?
A: [from Pramod S. Badjate, [e-mail] and
    [e-mail]]
   [Modified by Rajiv S. Khanna, [e-mail]]
   1. Passport with current I-94
   2. H-1B approval form (*ORIGINAL*) [Form I-797]
   3. Copy of H-1B petition form. Ask your company for this.
      The consulate in Juarez have recently begun suggesting to prospective
      applicants to bring attorney certified copies of the H-1B petition.
   4. Copy of Form ETA 9035 or the Labor condition application [LCA] 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. Recently, U.S. consulates around the world have begun issuing machine
      readable visas (MRV) to protect against visa fraud. The cost of
      preparing these visas is $20 and is applied to nationals of all
      countries. In addition, the applicant is responsible for the reciprocity
      visa fee. For Indian nationals, the reciprocity visa fee is $100.
      Therefore, make sure to carry $120 in cash.
   10. One Passport size photograph
   11. Degree certificates [original + copy]
   12. Make sure to take along with you copies of all documents
       filed with the INS on your behalf by your company.
   13. Notarized or attorney certified copy of your entire passport
          including the page containing your H-1 visa.

Q: What is a good place to stay at El Paso?
A: [From Muralidhar Rangaswamy, [e-mail]]
   I stayed at the EconLodge in El Paso. They charge $34/night. You
   get a 10% discount if you are a AAA member (which I got).

Q: Are there any good eating places near the EconoLodge?
A: [From Muralidhar Rangaswamy, [e-mail]]
   There's a restaurant called Elmers next door to the Econolodge. Ask
   the manager of the Econolodge for a card which gives you a 10% discount
   at Elmers. There's a good Indian Restaurant (for those who like ethnic
   Indian food) within 3 miles of the Econolodge. The food is good and the
   price is reasonable.

Q: Do I need to have a Mexican Visa to go to Juarez?
A: [From Rajiv S Khanna, [e-mail]]
   You do need a Mexican visa to go to the U.S. consulate in Juarez.

Q: Any suggestions for dos and don'ts in Mexico?
A: [From Muralidhar Rangaswamy, [e-mail]]
   Do not drink the water in Juarez. Either carry spring water with you
   or sustain yourself with coke or fruit juices from the vending machines
   at the consulate and nearby restaurants. Eating food there is also not
   particularly advisable.

Q: What is the best form of transportation from the El Paso airport to the
   Econolodge?
A: [From Muralidhar Rangaswamy, [e-mail]]
   The EconoLodge has a shuttle service that can pick you up and drop
   you off at the airport (915)-778-3311.

Q: What is the best means of transportation from the Econoldge to the
   U.S. Consulate and back?
A: [From Muralidhar Rangaswamy, [e-mail]]
   A taxi driver by the name of Jesse Esparza [phone] offers the
   cheapest fare for round trip transportation from your hotel to the U.S.
   consulate. He charges $35 for a party of 4 or less people. He will pick
   you up from your hotel and take you to the consulate in the morning. On
   your way back you must take a Mexican taxi from the Consulate to the
   border.
   Do not pay more than $10 for the Mexican taxi service to the border. You
   then walk across the bridge and enter the U.S. side, clear the
   immigration and customs and then call Jesse Esparza again. He picks
   you up in 5min. Try to use the cabs as a group of 3 or 4 people.
   You can save a considerable amount of money this way. Also make sure to
   leave for the consulate early in the morning (a 4.30 am start from your
   hotel is helpful). The line is usually long.

Q: Is there a fee for the multiple entry H-1B visa?
A: [From Muralidhar Rangaswamy, [e-mail]]
   Recently, the consulate started issuing machine readable visas (MRV).
   Consequently, the visa fee for Indian nationals is $120 up $20 from the
   fee of $100. I am not sure about the fee for other countries.
Q: For how many months are the papers sent for H4 valid?
A: [From Srinidhi Murthy, [e-mail]]
   [Modified by Rajiv S. Khanna, [e-mail]]
   The papers sent should be valid for 2 months.  But, it is best to check
   with consulate where spouse/child will apply.

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, [e-mail]]
   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 switch over can wait,
   wait till the visa is issued

Q: Can I renew my multiple-entry visa stamp by mail?<<Changed>>
A: [Compiled by Michael Carroll, [e-mail]]
   [Modified by Rajiv S. Khanna, [e-mail]]
   Yes, but note that this is only for renewal or reissuance, not
   for obtaining the first visa, and note that this is for the visa
   stamp in your passport that relates to travel permission.

   Which types of visa can I have 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 L701
               2401 E Street N.W.
               Washington, D.C.
               Phone :  [phone].

    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 may have changed]

    Six weeks is the normal processing time, or to allow that long.

Q: What are the different types of H-1 visas?
A: [from Rajiv S. Khanna, [e-mail]]
   An H-1B classification is temporary (three years, extendable for
   another three).  People loosely refer to H-1B as H-1.  So they are
   the same thing.  The following variations exist within H-1:

        H-1A    Registered Nurse
        H-1B1   Specialty Occupation (Professionals)
        H-1B2   U.S. Department of Defense special visas
        H-1B3   Artists, entertainers or fashion models of national or
                international acclaim
        H-1B4   Artists or Entertainers in unique or traditional art form
        H-1B5   Athletes
        H-1BS   Essential support personnel for H-1B entertainer or athlete.

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?
A: [From Rajiv S. Khanna, [e-mail]]
   An LCA is a very abbreviated procedure.  It is merely a one page
   form that is routinely certified by the department of labor within
   7-10 days.  The labor cert. is a much more complicated procedure
   that is not "routine."  It requires a lot more time and effort.

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?
A: [From Rajiv S. Khanna, [e-mail]]
   No job ad is required for LCA.  Only internal notices need to be
   posted by the employer.  Additionally, within 24 hours of filing an
   LCA, the employer is required to maintain certain documentation within
   their own premises.

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?
A: [From Rajiv S. Khanna, [e-mail]]
   For H-1B, a Bachelor's degree in a narrowly defined subject area is
   sufficient. Ph.D. has NO additional significance.

   For a labor cert., chances of success depend upon how many people can
   qualify for the job.  If an ad is placed for a Bachelors degree,
   chances are a lot more people will apply than would for a job that
   require a Ph.D. degree.  Please remember, it is not advisable to tailor
   a job to suit your own needs.  If the employer asks for restrictive
   requirements for the job, the department of labor will object to it.
   Also, the higher the qualifications, the bigger the salary must be.

   It is NOT true that ONLY advanced degrees have a good chance of success.
   There are a lot of variables that need to be considered.

Q: When employer fires an employee on H1-B visa for whatever reason,
   what will happen to the legal status of the person (employee)?
A: [From Rajiv S. Khanna, [e-mail]]
    Period of stay regulation:
[ 8 C.F.R. 214.2(h)(13)(i)(13)Admission(i)General(A)
A beneficiary shall be admitted to the United States for the validity period
of the petition, plus a period of up to 10 days before the validity period
begins and 10 days after the validity period ends. The beneficiary may not
work except during the validity period of the petition.

    As a matter of practice, INS has been questioning even
       one day's time out of status.

   Additionally, they can ask that the employer pay for their one way
   air ticket to the country of residence.

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?
A: [From Rajiv S. Khanna, [e-mail]]
    You can resign whenever you want, as long as you have another legal
    status (such as an F-1 visa).  No restriction.

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?
A: [From Pramod S. Badjate, [e-mail]]
   *No*. Some of the people who had responded to this said that proof
   of application for status change (to F1) is sufficient to start working
   part-time at school. However, the ISO advisor at my school and
   Mr. Rajiv Khanna (a helpful lawyer on net who can be reached at
   [e-mail])  said that while you are on H4, work is not
   permissible. You have to have your F1 to begin work at school.

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.
A:    [from Rajiv S. Khanna, [e-mail]]
    You may do a part time H-1.  For GC, there is no affect.

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?
A:    [from Rajiv S. Khanna, [e-mail]]
    There is no such requirement.  She can go forward with co. B.
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?

A:    [from Rajiv S. Khanna, [e-mail]]
    You will get an H-1B for two years.

Q: How do I change my status from H4 to F1?
A: [From Pramod S. Badjate, [e-mail]]
   There are two ways:
   1. You can file for a status change with INS by sending in your
      application through mail. You will have to check with your ISO or INS
      about the forms and fees, etc.  But this process of late has been
      taking a few months. If you have to join school by then, consider
      option 2.

   2. Fly over to Juarez or some such place outside US and apply for F1. We
      did that in the case of my wife successfully a few days back. They
      will need I20, proof of financial support, etc. - the normal stuff
      required for F1. It was not a problem at all.

Q: What if my spouse has to go back on H4? (If I change a job, etc.)
A: [From Pramod S. Badjate, [e-mail]]
   You can use the same process again to change your status.
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?
A: [from Rajiv S. Khanna, [e-mail]]
No. Not if you have a relevant masters degree.

Q: My H1-B expires in July 1997. When should I file for my visa extension?
A: [from Rajiv S. Khanna, [e-mail]]
You should file your request no earlier than four-six months before the
expiration. I would advise filing the request three months before the
expiration.
Q: Is filing for a visa extension the same as filing a new H-1?
A:[from Rajiv S. Khanna, [e-mail]]
The filing process is the just like filing a new H-1.
Q: Can we use the previous LCA in filing for an H-1 extension?
A:[from Rajiv S. Khanna, [e-mail]]
No.
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?
A: [from Rajiv S. Khanna, [e-mail]]
You can apply for a DV-98 visa and there is no effect on the 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?
A: [from Rajiv S. Khanna, [e-mail]]
10 days.

Q: What is the individual's status during this time? What is a spouse's
status if on an H-4?
A: [from Rajiv S. Khanna, [e-mail]]
Both individuals will be in status for 10 days.

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?
A: [from Rajiv S. Khanna, [e-mail]]
A new H-1 is filed, except with a lower filing fee. The original H-1 stays
in tact unless revoked by the INS or the employer. The employee cannot
work with the new employer until the new H-1 is approved.
Q: I am an H-1 wishing to start a company. Is it possible?
A: [from Rajiv S. Khanna, [e-mail]]
Yes. Incorporate (open a company) and then apply for either a full-time or
a simultaneous H-1 for your own company. There are a few conditions
applicable.

First, you must be working in your own area of expertise. For example,
a Software Engineer may NOT open a company selling shoes.

Second, technically, your company must pay your wages even if the
company is not making any money. Remember that you cannot use your
own company to get a green card.

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?
A:[from Rajiv S. Khanna, [e-mail]]
It is illegal to do so unless the H-1 papers mention that the employee
can be paid on a part-time basis. The employers are NOT permitted to
bench employees in this manner.
Q: How many H-1s can an individual obtain?
A: [from Rajiv S. Khanna, [e-mail]]
There is no limit as to how many H-1s an individual obtains.
Q: Does the number of H-1 visas obtained by one personeffect the green
card application process?
A: [from Rajiv S. Khanna, [e-mail]]
No.
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?
A: [from Rajiv S. Khanna, [e-mail]]
It is the same procedure, no difference.
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?
A: [from Rajiv S. Khanna, [e-mail]]
It is permissible to hold many H-1's separately as long as the total
period does not exceed six years.  For instance, if you held one
part time and one full time H-1 from 1/1/96-12/31/96, you have only
spent ONE year on H-1.  This is so even though you held two H-1 jobs
simultaneously during this time.  The jobs may be both part time or
one full and one part time.  The number of hours worked is irrelevant
for this determination.


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Washington, DC 20036-3403       Home Page: http://www.immigration.com