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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: F, Practical Training, K, L & Visitors Visa questions and answers (part 5 of 6)
Followup-To: alt.visa.us
Date: 25 Jan 1998 15:14:26 -0500
Organization: Law Offices of Rajiv S. Khanna
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Summary: Frequently Asked questions for alt.visa.us,misc.immigration.usa (F, K, L & Visitors Visa)
Keywords: FAQ alt.visa.us misc.immigration.usa F K L Visitors visa
Xref: senator-bedfellow.mit.edu alt.visa.us:49956 misc.immigration.usa:60559 alt.answers:31676 misc.answers:7088 news.answers:121711

Archive-name: us-visa-faq/part5
Last-Modified: 25 January 1998

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/part5. To get the FAQ by
E-mail, you should send a message to [e-mail] with
        send usenet/news.answers/us-visa-faq/part5
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>>:

                       F Visa
                       ------

Q: Who can apply for an F-1 visa?
A: [Gregory Siskind, [e-mail]] [Modified by Rajiv S. Khanna,
   [e-mail]]
   Any alien who has applied to and been accepted to enroll on a full-time
   basis in an academic education program which has been approved by the INS
   to accept F-1 applicants is eligible to apply if the student is proficient
   in English or engaged in English language courses leading to English
   proficiency.  The alien must also demonstrate sufficient financial resources
   to study without having to work and he or she must also show that there is
   no intent to abandon residency in the students home country.  Aliens who
   are already in the U.S. in a valid status may apply for adjustment of
   status to student status.  See answer below.

Q: Can other non-immigrants pursue studies in the U.S.?
A: [Gregory Siskind, [e-mail]]
   [Modified by Rajiv S. Khanna, [e-mail]]
   Yes.  Dependents of A, G, H, L, E, and I aliens may study on a full- or
   part-time basis.
   Workers in the B-2, H-1, H-2, H-3, L-1, E-1 or E-2 categories can pursue
   incidental educational activities as long as the educational activity is not
   the aliens primary activity.

   Note, however, all categories stated above are NOT necessarily permitted
  to obtain assistantship type benefits from school.

Q: Can I pursue an F-1 visa if similar training is available in my home
    country?
A: [Gregory Siskind, [e-mail]] [Modified by Rajiv S. Khanna,
   [e-mail]]
   Yes.  However, to pursue practical training, such training must not be
   available in the aliens home country.  In most cases, however, INS does
   not make a big issues of it.

Q: How long can I stay on an F-1 visa?
A: [Gregory Siskind, [e-mail]]
   [Modified by Rajiv S. Khanna, [e-mail]]
   Foreign students are permitted to stay in the U.S. for the entire period of
   enrollment in an academic program plus any period of authorized practical
   training and a 60-day grace period to depart the U.S.  The whole period is
   normally referred to as duration of status and is noted on the I-94 as
   D/S.  The student must complete the academic program prior to the date of
   expiration listed by the designated school official on the I-20AB (a form
   issued by the school).  Do note, however, that you must carry a full time
   course load (except if you are in your last semester of study).  See the
  following answer.

Q: Must an F-1 student be studying on a full-time basis?
A: [Gregory Siskind, [e-mail]]
   Yes.  At the undergraduate level, this normally means at least 12 academic
   hours.  Graduate level full-time is left to the school to define
   (especially since work on a thesis or dissertation may constitute full-time
   work even though no credit hours are being taken).

   Students may be permitted to pursue part-time study if the foreign student
   advisor recommends this for academic reasons (such as the need to improve
   English skills) or because of illness.

Q: Am I in status if I do not study during my schools summer vacation.
A: [Gregory Siskind, [e-mail]]
   Yes, if you are eligible and intend to return to school in the next term.
   You may take a vacation at any point after an academic year is completed,
   but two vacation terms may not be taken consecutively and vacation time may
   not be accumulated.

Q: What if I am unable to complete my program by the time indicated on my
    I-20AB?
A: [Gregory Siskind, [e-mail]]
   You must apply to your foreign student advisor for an F-1 extension within
   30 days preceding the expiration of your I-20AB.  You are eligible for an
   extension if 1) your application is timely; 2) you have maintained your
   status without violation; and 3) you can demonstrate that the need for an
   extension is due to compelling medical or academic reasons.

Q: What are the procedures for applying for an F-1 visa?
A: [Gregory Siskind, [e-mail]]
   Unlike most non-immigrant visas, it is not necessary to obtain prior
   clearance from the INS.  Rather, the student must obtain an I-20 A-B
   Certificate of Eligibility from the school where the student intends to
   enroll and submit together with the OF-156 Non-Immigrant Visa form and
   supporting documentation regarding financial resources evidencing an intent
   to return to the students home country to a U.S. Consulate in the students
   home country.  After the visa is issued, the student applies at the U.S.
   border for admission. If the applicant is already in the U.S. in another
   non-immigrant status, the student applies to the INS.

Q: What financial requirements must be met to receive an F visa?
A: [Gregory Siskind, [e-mail]]
   The applicant must demonstrate adequate financial support to cover him/her
   through the entire academic program will be available and that adequate
   funds are currently available for the coming academic year.  Acceptable
   evidence may include school financial aid, personal and family funds and
   government assistance.  Anticipated earnings from employment during school
   may not be used to show adequate financial resources.

Q: How strong must my English skills be to qualify for the F-1?
A: [Gregory Siskind, [e-mail]]
   The school must certify that the prospective student has proficiency in
   English (usually demonstrated by passing an English proficiency examination
   like the TOEFL) or the student will be enrolled in courses in a language in
   which the student is proficient or the student will be enrolled in a full
   course of study consisting of both academic courses and English instruction
   or the student is enrolled in a language training program constituting a
   full course of study.

Q: What evidence do I need to present to show bona fide non-immigrant
    intent?
A: [Gregory Siskind, [e-mail]]

   i) Family ties - You should be able to present evidence of the existence of
      immediate family members as well as their ages, occupations, residences,
      and standing in the community (an affidavit from a parent should be
      adequate).

   ii) Community connections - The students participation in his community such
       as memberships in organizations, religious groups, etc.

   iii) Financial ties - Ownership of assets (especially a home) in the home
        country.

   iv) Job prospects - present evidence to show likelihood of being offered a
       good position upon returning home.  A letter from a potential employer
       may be helpful.  Also, be prepared to explain why the same education in
       the home country is not ideal.

   In rare situations, the consul may request that the student post a
   Maintenance of Status and Departure Bond with the local INS office.

Q: Is it difficult to change from another non-immigrant visa category to
    student status?
A: [Gregory Siskind, [e-mail]] [Modified by Rajiv S. Khanna,
   [e-mail]]
   Theoretically, Yes. The INS often presumes that the alien entered the
   U.S. in another category with a preconceived intent to attend school and
   circumvent the normal visa issuing process.  This is particularly true if
   the change is requested shortly after entering the U.S.  A wait of 60 to
   90 days before switching is advisable in order to avoid presumptions of
   fraud.  As a practical matter, unless there are any indications of fraud,
   change of status to F-1 is relatively a simple matter.

Q: Can I transfer schools on the same F-1 visa?
A: [Gregory Siskind, [e-mail]]
   Yes, if you are currently a genuine nonimmigrant student, you may have been
   pursuing a full course of study at the school you were last authorized to
   attend during the term immediately preceding the transfer, you intend to be
   a full-time student at the new school and you are financially able to attend
   the new school.

   When you seek a transfer, you must notify the present school of the transfer
   and obtain the I-20 AB from the new school.  You must complete the Student
   Certification portion of the I-20AB and deliver it to the foreign student
   officer at the new school within 15 days of beginning attendance at the new
   school.  The foreign student officer will endorse the transfer on your I-20
   copy and return it to you.  The foreign student officer then sends the
   original I-20 to the INS and a copy to the old school.

Q: What if I am changing educational programs but remaining at the same
    school?
A: [Gregory Siskind, [e-mail]]
   If you are changing programs (e.g. B.S. to M.S.), the student must apply for
   a new I-20AB for the new program and submit to the foreign student advisor
   within 15 days of beginning the new program.  The foreign student advisor
   will return pages 3 and 4 of the I-20AB to you and sends pages 1 and 2 to the
   INS service center within 30 days.  Your permission to work off campus is not
   affected.  If you are simply changing majors, but pursuing the same degree,
   no notification is required.

Q: What are the procedures for pursuing on campus employment?
A: [Gregory Siskind, [e-mail]]
   Any F-1 who is maintaining status may work on the schools campus for up to
   20 hours/week during school and full-time during breaks.  On-campus
   employment may not displace US workers, but no proof of this is required.
   The basic test is whether the position is traditionally filled by students
   or workers.  Most schools require you to receive authorization from your
   foreign student advisor, but INS permission is not necessary.

   For graduate students, on-campus employment includes employment by employers
   off-campus which have an educational affiliation or research contract
   relationship with your school.

Q: What are the options for off-campus employment?
A: [Gregory Siskind, [e-mail]]
   The pilot off-campus employment program available since 1990 will expire on
   September 30, 1994 and, as far as I have been able to determine, has not been
   renewed.

   Off campus employment is still available in cases of severe economic
   hardship.  You must meet the following conditions to pursue off-campus
   employment:

      - you are in good academic standing and are studying full-time;
      - you can show severe economic hardship (the following may be acceptable):
      - loss of financial aid or on-campus employment through no fault of the
        student;
      - major currency fluctuations
      - inordinate tuition or living expense increases;
      - unexpected financial changes in the students source of support;
      - unexpected expenses
      - on-campus employment opportunities are unavailable;
      - one academic year has been completed;
      - the foreign student advisor recommends work authorization

    To obtain work authorization, Forms I-538 must be submitted to the foreign
    student advisor for certification.  The student must submit to the local INS
    office the certified I-538, Form I-20 (student copy), Form I-765, a filing
    fee for the I-765 (see list of fees in the FAQ), and supporting evidence
    showing economic hardship.  If approved, the student will receive a one-year
    employment authorization card permitting up to 20 hours/week of work.

    Employment authorization may be available under the curricular practical
    training program if the proposed employment is an integral or important part
    of the F-1s curriculum.  Any employment required for a degree qualifies, but
    the employment need not be a prerequisite for the degree in order to get CPT
    if the course credit is available for the employment, CPT is listed in the
    schools course handbook and a faculty member oversees the course.

    Where employment is required for an undergraduate degree, 9 months of study
    must be completed.  Where employment is required for a graduate degree,
    employment may begin right away.  Where employment is not required, 9 months
    of study must be completed, regardless of whether the student is at the
    undergraduate or graduate level.

    To apply, the foreign student adviser will mark on the back of the students
    copy of the I-20AB whether the authorized work is full or part time.  If
    part time, only 20 hours/week of work are allowed.  Full time work is
    possible and enrollment is not necessary.  There is no time limit on this
    type of employment, though eligibility for post-completion practical
    training is lost if curricular practical training lasts more than 12 months.

    Optional practical training is available either before or after graduation
    for a total period of up to twelve months.  Pre-graduation and
    post-graduation training periods are added together to determine if 12
    months are exceeded.  Part time work is counted as one-half the amount of
    time of full time work.  The training must be in the students educational field.

    Pre-graduation practical training is available during the school year if
    employment is less than 20 hours per week and the student has been enrolled
    for at least 9 months.  Post-graduation practical training is available upon
    completion of required course work or when the course of study is complete.
    While engaging in post-graduation practical training, the student may enroll
    in school on a part time basis.

    If a student returns home for five months or more and returns to engage in a
    new course of studies, the student gets 12 more months of employment
    authorization.  But if a student merely transfers schools, he or she will
    have to get new employment authorization and will have to split the 12
    months between the schools.

    To obtain practical training, the student must apply to the foreign student
    adviser to endorse Form I-538.  The student then applies directly to the
    local INS office for an employment authorization document (EAD) by filing
    Form I765 with fee and Form I-538.

    You may apply for post-graduation practical training as early as 90 days
    prior to completion or 30 days after.  The INS will issue the EAD effective
    from the date of completion of studies or the date on which the EAD is
    created - whichever is later.  An employment offer is not required.

Q: What should I do if I am out of status on my F-1?
: [Gregory Siskind, [e-mail]]
   You should be able to regain status through departure and re-entering using
   a valid F-1 visa and Form I-20 (student copy) validated by your foreign
   student adviser if you can convince the INS of the following:

     1) the status violation resulted from circumstances beyond your control or
        that failure to receive reinstatement would result in extreme hardship
        to you;
     2) you currently are pursuing or intend to pursue a full course of study at
        the school listed on the I-20;
     3) you have not engaged in unauthorized employment; and
     4) you are not otherwise deportable.

Q: What status will my spouse receive?
A: [Gregory Siskind, [e-mail]]
   A dependent spouse and children (under age 21) are eligible for an F-2 visa
   valid for as long as the F-1 is in valid status.  F-2s may study on a full
   time or part time basis, but may not receive financial aid or engage in
   employment.

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?
A: [from Rajiv S. Khanna, [e-mail]]
   While the possible permutations/combinations are many, overall, an F-1
   student cannot engage in business.  There are restrictions against
   off-campus employment and against unauthorized employment.

   Technically, it may be possible to form a corporation, obtain pre or post
   completion employment authorization and then have the corporation hire
   you as an employee, but here is the catch-22 as I understand the law:
while it is permissible to
start your own company, it is NOT permissible to derive profit
(including accrued profits or future profits) from it.  The regulations
for unauthorized employment define employment broadly.  Thus, owning a
company for almost any benefit could amount to unauthorized employment.

Next logical question.  Can you invest in stock exchange and derive
profit.  The answer: that should be permissible.  That is just like
getting interest from the bank.

The distinction IMHO seems to be the distance between investment and
control.  The closer you are to control of the corporation, the more
likely it is that your employment on F-1 is unauthorized.

Q:    If my current F-1 visa has expired, is it possible to obtain
    F-1 visa from Canada/Mexico?

A:    [From Rajiv S. Khanna, [e-mail]]
    It is possible, but difficult.  There are several factors that go into
    the likelihood of success.  If you already possess F-1 visa from your
    home country (and it has expired); if the completion of your course is
    not taking an inordinately long time; if you have not been out of status and
    if the consular officer is convinced of your good intentions,
    you MAY get the visa.

    Vancouver, Canada
    ------------------
    [From: "Rajesh G. Parekh" <[e-mail]>]
    Dear Rajiv,
    I just got back from my trip to Vancouver B.C. The good news is that
    I got my F-1 visa renewed. I was not asked too many questions. I went
    there at about 7 am and they started taking people in at 8 am. My
    appointment was for 9 am. I got a token number (based on appointment).
    My interview was conducted at 11:40 am. The consular officer asked
    me the purpose of my visit and then asked for my transcript. She
    asked a question about the grading scheme, asked if I was on a
    scholarship and asked me to pay $100 and return the next day for
    the visa.
    Just a few things you need to be careful about ---
    1. There is a $20 processing fee and the Vancouver office does not give
       change.
    2. You must try and be there early as the queue does become quite long.
       I presume that it is the same queue for both immigrant and non-immigrant
       visas. The two groups are ofcourse interviewed separately but the
       initial processing of forms is done by the same person.
    3. Once you have submitted your application and are made to sit in the
       waiting room please do not leave the room for any reason whatsoever.
       There was this one guard who was particularly rude and rough on people
       who stepped out to go to the rest room. I understand that they are
       possibly concerned about security.

    I had taken the following documents with me

    1. Appointment letter
    2. Passport, I-20, I-94
    3. Letter of intent (financial aid)
    4. Letter from the conference organizing committee
       (I plan to attend a conference in France)
    5. Letter from my advisor (describing my research and teaching
       accomplishments) and explaining why the conference is important
       for me
    6. Letter from my chairman (again evaluating me as a student and
       also my performance as a TA)
    7. Letter of full-time enrollment (from the International Students office)
    8. Statement of support from my father (on stamp paper stating that he
       would be willing to bear my tuition and living expenses in case the
       need arose)
    9. A statement of my father's assets and flat in India.
    10. Official transcripts from ISU
    11. Pay stubs (TA pay checks)
    12. My bank account statement
    13. Official degree certificates (BE and MS)
    14. Miscellaneous documents (don't know if they are really necessary)
        photocopies of awards, certificates; TOEFL scores; 1995 tax return;
        clippings on job openings in India; Letters written by my parents;

    I must thank you for talking to me over phone and advising me on the
    visa issue.
    Best Regards,
    - Rajesh



               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?
A: [from Dale Schwartz, [e-mail]]
   Yes

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?
A: [from Dale Schwartz, [e-mail]]
   Yes. No limit on hours, as far as i have ever heard.

Q: Can one work as a consultant for more than one company while on F-1
   practical training?
A: [from Dale Schwartz, [e-mail]]
   Employment Authorization allows just about any type of employment in the
   USA, if he/she has an EAD card. But rules for practical training have
   changed in the not-too-long-ago past. Please check with your
   foreign student advisor at last school for a copy of the rules.

                       K Visa
                       ------

Q: Who can apply for K visa?
A: [from Neil Kolban, [e-mail]]
   The K class visa is the "alien fiance(e)" visa, which an nonimmigrant
   visa.  A US citizen who wishes to marry a foreigner may file a K
   class petition (I129F) which, when granted, allows the foreigner to
   enter the US and marry within 90 days of arrival.  Once married, the
   foreigner should file for conditional permanent residence.  There are
   two K class visas:
                  K1 - for direct fiance(e)
                  K2 - for children of fiance(e)

Q: How do I obtain a K visa for my fiance(e) (who is not currently in
   the US)?
A: [From a netter]
   You must petition the INS, obtain their approval, and then the
   fiance(e) must submit to an interview at the US consulate in the
   foreign country.

Q: How long does it take to get a K visa?
A: [From a netter]
   Generally, once the petition is filed, it takes about 30 days to
   hear from the INS their approval or denial, then at least another
   30 days for the paperwork to be transmitted to the foreign embassy
   and for the interview appointment to be arranged.  It can take up
   to 5 or 6 months total, though usually it is 90 days or so.

Q: How long is it good for?  What are the conditions?
A: [From a netter]
   Upon approval and successful passing of medical exam and interview at
   the foreign consulate, the result will be three distinct deadlines:
   (1) A visa will be issued with a validity of 180 days. You have to enter
       the United States before the Expiry date shown on that visa
   (2) From the date of entry another deadline becomes effective. You
       have to marry your fiance(e) within 90 days after entering the USA
       on a K-1 visa
   (3) After the marriage you have another deadline to demonstrate to INS
       that you have married and to apply for change of status. I think,
       it is 30 days, but I am not sure. The best is to that immediately


Q: What is needed for the petition?
A: [From a netter]
   Forms needed: the G-325A, Biographic Information, must be filled
   out for the petitioner and the fiance(e), and the I-129F Petition
   for Alien Fiance(e).

Q: Can I do this myself, or do I need a lawyer?
A: [From a netter]
   Either.  An attorney can help expedite and answer questions, but
   there is no reason it can't be done without one.

Q: How much will a lawyer charge?
A: [From a netter]
   Varies widely, but quotes here in Los Angeles were:
   $1500 due upon approval of petition
   $1200 covering both fiance(e) visa *and* eventual green card

**note**:  approval of the petition does not complete the process of
obtaining a fiance(e) visa!!  The fiance(e) must still be interviewed
and approved by the consulate.

Q: How will I know the petition is approved?
A: [From a netter]
   You will be sent a Notice of Action, Form I-797, stating approval
   or disapproval.

Q: What is needed after petition approval?
A: [From a netter]
   The fiance(e) should call the US consulate, and an
   interview will be scheduled after the fiance(e) has gathered the
   following items:  [from [e-mail]]

   --Two certified copies of the birth certificate.
   --A passport valid for at least 6 months.
   --A police certificate in duplicate, certifying no criminal record.
   --A medical examination by a doctor approved by the
     consulate will take place before the interview.
   --Four color photographs.
   --Evidence of support in the US --proof that the fiance(e) will not
     become a charge of the USA.  Form 167 details what is needed;
     the Affidavit of Support (I-134) is the usual method.  This form
     requires:

    1) Income, property, and investment information.
    2) Loans and expenses.
    3) Willingness  to deposit a bond with immigration.
    4) Acknowledgment of the Social Security Act....
    5) Notarized copies of latest tax return.
    6) Statement from employer about salary.
    7) Statement from bank officer about accounts...
    8) If well established as a business owner, a rating from
       a rating agency.

    - For previously married persons, two copies of their marriage
      certificate and proof of termination.

Q: What is needed at the interview?
A: [From [e-mail]]
   o Proof of the relationship.
   o Photos showing the two of you together, letters and correspondence,
     telephone bills, airline tickets, etc.
   The INS is very interested in being certain that it is not a "sham"
   marriage for the purpose of immigration.  Typical questions asked:
   where you met, where the US citizen works.


Q:    Are there any special requirements depending upon local customs in a country (Ukraine)?
A:    [From Mike Schmitz, [e-mail]]
    I was looking over all your K-1 Visa information and noticed that there is nothing
    mentioned in detail regarding the parent bringing children with to the U.S. -
    When filling out fiance' papers, children are, of course, normally included with on the
    application when one is filled out.  However, since MY Fiance' will be bringing her
    child with FROM the Ukraine, she is also required to obtain from her ex-husband, his
    permission, in certified writing, to allow her to bring the child.  Also,  these
    "permission" papers must also be translated into English and certified.  My Fiance'
    submits these "permission" papers with her own documents to the U.S. Consulate in
    Warsaw, Poland.  This does not mean of course, that the father gives up his rights for
    the child,  but merely allows the child to move to the U.S. -   Separate legal action,
    after the child has arrived into the U.S. can then be taken-up to attempt adoption by
    the new "step-parent".  I do not know, at this time,  if there are similar requirements
    for "permission papers" from other countries.  I wanted to pass this information on to
    you and any interested readers.  If anyone would like additional information regarding
    the information I just offered,  they are welcome to contact me via e-mail and I will
    gladly try to help.


                      L Visa
                      ------

Q: What is L-1 visa?
   [Modified by Rajiv S. Khanna, [e-mail]]

A. The L-1 visa category was established to facilitate the transfer
   or rotation of foreign personnel of an international company into
   the United States. Although originally targeted toward large U.S.
   multinational corporations, this is an appropriate method for companies
   of all sizes to seek immediate immigration benefits for their
   qualifying employees. Further, the L-1 visa may provide quick access
   to lawful permanent resident (immigrant) status in the United States.

Q: Who qualifies for a L-1 visa?
   [Modified by Rajiv S. Khanna, [e-mail]]

A. The L-1 is available to a foreign national who, within the three
   years immediately prior to entering the U.S., has been employed
   abroad for at least one continuous year and is now seeking temporary
   admission to the U.S. to be employed by a parent/branch/affiliate/subsidiary
   of that foreign employer in a managerial or executive capacity, or in a
   position requiring specialized knowledge.

Q: For how may years is L-1 visa issued for?
A. An L-1 petition may be approved initially for up to three years,
   with the possibility of extension for up to four more years. In
   the case of a "new office" in the U.S., the L-1 will be limited to
   one year initially with extensions provided thereafter if the new
   office flourishes.

Q: Can dependents of L-1 come to USA?
A. The spouse and children (under 21 years and unmarried) may obtain
   L-2 visas allowing them to enter the U.S with the principal alien,
   however, they are not allowed to work unless they can qualify on
   their own for a work visa. They are allowed to attend school and/or
   participate in voluntary organizations.

Q: Can I apply for a L-1 classification?
A. [[From Veit Irtenkauf, [e-mail]]
   [Modified by Rajiv S. Khanna, [e-mail]]
   No.  The US or foreign company you work for has to file the
   application.

Q: What happens, if one of the subsidiaries (either in the United States
   or in the foreign country) goes out of business?
A. [From Veit Irtenkauf, [e-mail]]
   The L-1 visa is dependent on the existence of both a subsidiary in the
   United States and the foreign country.  If either or both ceases to
   exists, your visa automatically becomes void and your work permit is
   automatically terminated

Q: Does this mean I have to leave the United States?
A. [From Veit Irtenkauf, [e-mail]]
   Yes! Since you lost your work permit and your visa, you are not allowed
   to work in the United States any longer, unless you have another visa
   like an H-1B.  If you have a visitor visa (B-1, B-2), you can certainly
   stay, but your are not allowed to work any longer.

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?
A. [From Veit Irtenkauf, [e-mail]]
   Yes.  All what the company has to do is to apply for the other visa.
Q: What's the cost for a L-1 visa?
A. [From Veit Irtenkauf, [e-mail]]
   It's about $150 for the initial visa and around $75 for the extension.
   Plus the fee for the lawyer.

Q: Do you need a lawyer to get a L-1 visa.
A. [From Veit Irtenkauf, [e-mail]]
   Personally you don't, but since the paperwork is similar to the H-1B
   visa, most companies who sponsor L-1 visas hire a lawyer anyway.  See
   the discussion about lawyers in the H-1B section for more details.

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

Q: What documents should I send to sponsor for a visitors visa?
A: [From B.G. Mahesh, [e-mail]]
   [Modified by Nilesh Patel, [e-mail]]

    1. Statement from your employer, on business stationary,
       showing
        1. Date and nature of employment
          2. Salary Paid
        3. Whether position is temporary or permanent.
    2. Letter from my Bank, giving the following details
        1. Date account opened
        2. Total amount deposited for the past year
           3. Present balance.
    3. I-134 and got it notarized in my bank [$1 fee for
       notarization]. You can get I-134 from INS or your
       international student office. I heard you can use
       xerox copies of this form.
    4. Letter from me stating that I will take care of their
       expenses in USA.
    5. Visitor fee $100 each (this might have changed)

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.
A:  [From Rajiv S. Khanna, access.digex.net]
     Send documentation establishing: your wife's pregnancy; your financial
     capacity; your parents ties to India - financial and personal; and
     everything else (within reason) that the consulate requests.

Q: How can I extend a visitors visa?
A: [Compiled by Murali Venkat, [e-mail]]

    o Which form needs to be filled?
      I-539 (Extension of stay/change of status)

    o What supporting documents needs to be sent along?
      Reason for asking for extension, proof of financial support
      (i.e. you have enough financial resources to take care of them), a
      copy of their return tickets (to show that their stay is temporary).

    o What is the fee?
     $ 75. If a spouse is also included in the same form then its only
     $10 additional.

    o How much time does it take?
      Depends on the region...about 3-5 weeks.

    o What dates are relevant, I mean should we go by the
      date the Visas are expiring or by the date the I-94 expires?
      THE DATE THE I-94 EXPIRES. The date of expiry of visa is IRRELEVANT.

    o When should we apply for the extension? I mean how many weeks in
      advance to the I-94/Visa expiration should we apply?
      Between 45 to 15 days of the date of expiry of the I-94. Ideally,
      1 month before the I-94 expires.

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?
A: [from Rajiv S. Khanna, [e-mail]]
   The INS can refuse entry (which functionally amounts to the
   same thing as canceling a visa).  That happens mostly when
   the INS discovers something that is contrary to your declared
   intention in getting the B-1/B-2.
   Typical example: you have a fiance(e) in the U.S.  INS discovers
   love letters (long, mushy ones) in your documents.  Or during
   conversation with an INS officer you let slip that you are panning
   to get married in the U.S.  These are some of the examples I have
   seen personally.  Legally, there is a bunch of grounds such as past
   criminal convictions, past immigration violations, certain diseases etc.
   (technically called "grounds of exclusion") that can bar ones entry
   despite possession of a valid visa.

Q: Can I apply for a social security number on a B1/B2 visa?
A: [Modified completely by Tony Konashenok]
   Hello Rajiv:
   There is a change in the rules at Social Security Administration.
   Now, they won't issue a SSN to a B-2 resident just for banking purposes.
   They have a form letter explaining that the bank must file a form I-8
   instead. However, an inquiry at the SSA office revealed that they
   *will* issue a number for DMV -- in most states, you need an SSN now to
    apply for a driver's license. One has to pass the test and bring the
    temporary (paper) license stating that SSN is required for the real
   license to be issued. The SSA employee also said that one can request
   an SSN for credit verification purposes.


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