Usenet 1994 January/usenetsourcesnewsgroupsinfomagicjanuary1994.iso/answers/us-visa-faq

Text File | 1993-12-21 | 21KB | 521 lines

Newsgroups: news.answers,alt.answers,alt.visa.us
Path: senator-bedfellow.mit.edu!bloom-beacon.mit.edu!gatech!europa.eng.gtefsd.com!uunet!widget!mahesh
From: [e-mail] (B.G. Mahesh)
Subject: FAQ : alt.visa.us
Message-ID: <[e-mail]>
Followup-To: alt.visa.us
Summary: Frequently Asked questions for alt.visa.us
Keywords: FAQ visa
Reply-To: [e-mail] (B.G. Mahesh)
Organization: EVB Software Engineering, Inc.
Date: Wed, 22 Dec 1993 02:01:58 GMT
Approved: [e-mail]
Lines: 503
X-Disclaimer: Any opinions expressed are strictly those of the
          poster and not necessarily those of EVB.
Xref: senator-bedfellow.mit.edu news.answers:16074 alt.answers:1464 alt.visa.us:3065

Archive-name: us-visa-faq
Last-Modified: Dec 16, 1993

Currently, the alt.visa.us FAQ is maintained by
B.G. Mahesh [[e-mail]]

Frequency: This will be posted every other month to news.answers,
           alt.answers and alt.visa.us. This may be posted more than
           once on alt.visa.us every month.

Individuals are encouraged to submit both 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.)

Please note that my employer has NOTHING to do with this FAQ and
is in NO WAY responsible for the info in this FAQ. Myself and other
submitters are in no way responsible for the info provided in this FAQ.
It is not legal advice and should not be construed as such. Contact your
foreign student office, the USIA or competent legal counsel.
*** Corrections to the information below is highly appreciated. ***

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

                    General
                    -------
Q. What is this FAQ about?
Q. Is their a internet site from which I can download any info regarding
    immigration?
Q. Are there any books regarding Immigration?
Q. Are there any lawyers who can be reached by email?
Q. Is there a list of "recommended lawyers" ?
Q. Is there a list of "bad lawyers" ?
Q. Wish List

                    H-1B Visa
                    --------

Q. Do I need to hire a lawyer for H-1B/GC?
Q. How much does it cost to hire a lawyer for a H-1B visa?
Q. Does the lawyer need to reside in the same city/state where I live?
Q. What forms are needed for H-1B visa and where can I get it?
Q. Can I get a H-1B visa for a part time job?
Q. Having H-1B visa with one company, can I work some where else
   also, like part time job ?
Q. During the process of H-1B visa, suppose if I get a better job
   what happens ?
Q. Should I wait for my H-1B approval before I join the new job?
Q. How many days/weeks/months does it take to get a H-1B?
Q. How much is the fee for H-1B, H4 etc etc....
Q. Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico
   or Canada?
Q. What documents are needed to get a multiple entry H-1B visa?
Q. What documents do I need for H4 visa when applying at US
   consulate ?

               Labor/GC
               --------
Q. How many days/weeks/months does it take to get a Labor Clearance
   for GC?
Q. What is involved in the labor certification?
Q. Does the employer need to show the company's finances?
Q. Should I apply for GC together with the H-1B, or after I get the H-1B?
Q: Can one apply for GC through an employer while on H-1 for
   another employer?
+Q: Could you please tell me what category spouses of
   GC holders fall under?
+Q: What is the waiting period for such cases?
+Q: And, I had heard that there was a bill
   up for vote.  Do you have any information on this?

                J Visa
                ------
Q: On what grounds can I get a waiver?
Q: Does marriage to a US citizen help?
Q: Who makes the waiver decision?
Q: What is USIA's address?
Q: What's a NORI?
Q: If I get a NORI, will I get a waiver?
Q: Is there a threshold of money received below which a waiver is
   automatically granted?
Q: Can I pay back the money I got and get out of the HRR?
Q: Can I visit the United States while serving my two-year sentence?
Q: Do I have to return to my home country?
Q: Can I reside in my home country and work in another country?
Q: Can I work for a company of my home country in another country?
Q: Does writing to your congress person help?
Q: What do I need to show after the two years to prove that I
   resided and worked in my home country?
Q: Can I apply for H-1B, permanent residency, etc. while serving the
   HRR?
Q: How often can I apply for a waiver?
Q: Does a J1 have any advantages?


                      General
                      -------

Q. What is this FAQ about?
A: [from B.G. Mahesh, [e-mail]]
   This FAQ has some information about J1, H-1B, GC process.

Q: Is their a internet site from which I can download any info regarding
   immigration?
A:  [ from Ravinder Bhumbla, [e-mail]]
    NAFSA (the association of international educators) regularly
    sends out updates about changes in immigration laws to its
    mailing list, [e-mail] (you can subscribe by sending
    mail to [e-mail]).  An archive of these updates
    (which may be useful to you) is accessible by gopher at the
    following place:

    Name=NAFSA Updates (Federal Regulations)
    Type=1
    Port=70
    Path=1/ON/INTERNATIONAL/ln38nafsa/REGS/UPDATES
    Host=yuma.ACNS.ColoState.EDU

    PS: If you have any questions about gopher PLEASE don't ask me.
        Post on news.newusers.questions and/or alt.gopher

   [from B.G. Mahesh, [e-mail]]
   Look into ftp.cs.umd.edu:/pub/cyrillic/us_visas/*

Q. Are there any books regarding Immigration?
   [from newswatcher, [e-mail] and
         Venerando, [e-mail]]

A: Immigration Made Easy:  The Insider's Guide".
   Authors:   Martha S. Siegel, Laurence A. Canter
   Publisher: Sheridan Chandler Company, c1991
              Tuczon Arizona, USA, 1991-1992 edition.

   As far as I know, the book also contains a vast number of
   forms such as I-129B, IAP-66, I-485, etc., etc. used by INS and
   consular processing centers. The Sheridan Chandler Company also
   publishes separate bulletins and info. relating to immigration.
   Information on how to subscribe to these bulletins is provided on
   the book itself.  I think the book costs about $90.

   NAFSA also has a publication entitled "Adviser's Manual of
   Federal Regulations Affecting Foreign Students and Scholars".
   Inforamtion about the book is available via gopher.

   [from Alberto Molina, [e-mail]]
   Name: Immigration Procedures Handbook
   Publisher: Clark, Boardman & Callaghan
   Address: 155 Pfingsten Road
            Deerfield, IL 60015-4998
   Phone: [phone]
   Cost: $145 + 6.5 percent S&H + state tax
   It takes 5 to 10 working days for delivery and they accept credit cards.

Q. Are there any lawyers who can be reached by email?
    [from B.G. Mahesh, [e-mail]]
A:  This is an easy one :-)

    LAW OFFICES OF RAJIV S. KHANNA   Voice: [phone]
    1129 20th Street, NW, Suite 400  Email: [e-mail]
    Washington, DC 20036-3403


Q. Is there a list of "recommended lawyers" ?
A:  [from B.G. Mahesh, [e-mail]]
    Rajiv S. Khanna
    LAW OFFICES OF RAJIV S. KHANNA   Voice: [phone]
    1129 20th Street, NW, Suite 400  Email: [e-mail]
    Washington, DC 20036-3403

    [from Th. Bullinger, [e-mail]]
    Santosh Pawar
    1000 East Ave.
    Rochester, NY 14607
    Tel: [phone]

   [from Alberto, [e-mail]]
   The Law Offices of Ronald Freeman in NYC,
   specifically Jenny Nieves at that office.
   Their phone number is 800-522-5275.

Q. Is there a list of "bad lawyers" ?

A:  [from B.G. Mahesh, [e-mail]]
    No, there is no such list.

Q. Wish List

   Need to add info regarding Citizenship, K visa,
   visitor visa. If you have any info regarding these please
   email me your questions/answers to me directly.

                      H-1B visa
                      ---------

Q. Do I need to hire a lawyer for H-1B/GC?
A: [from B.G. Mahesh, [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.

Q. How much does it cost to hire a lawyer for a H-1B visa?
A: [from B.G. Mahesh, [e-mail]]
   Anywhere between $800-$1500. I have known people hiring lawyers for
   just $800 and having a TOUGH time getting their H-1B visa because the
   lawyer was not very good. This doesn't mean all lawyers charging less
   than $1000 are bad and the ones charging > $1000 are good :-)

Q. Does the lawyer need to reside in the same city/state where I live?
A: [from B.G. Mahesh, [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: Looking for volunteers to send me their replies.

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. How many days/weeks/months does it take to get a H-1B?
A:  [from B.G. Mahesh, [e-mail]]
    This depends on the state you reside. Generally after your LC,
    it should about 2-4 weeks to get your H-1B visa.

Q. How much is the fee for H-1B, H4 etc etc....
A:  [from B.G. Mahesh, [e-mail]]
    The fee has changed several times. Could someone email me
    the latest rates?

    H-1B :
    H4 :

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]]
   Yes you can. But you should make sure that you don't turn in your
   I94 at the border while leaving US. Then you have to fill in a new
   I94 when you enter US by showing your VISA and old I94.


Q. What documents are needed to get a multiple entry H-1B visa?
A: [from Pramod S. Badjate, [e-mail]]
   1. Passport with current I-94
   2. H-1B approval form (* ORIGINAL*)
   3. Copy of H-1B petetion form (I 129) Ask your company for this.
      It is very important because I know a friend who was turned
      down since he did not have this.
   4. Copy of Form ETA 9035 or the Labour condition application that was
      filed by your company. Ask your company or lawyer if this was
      necessary in your case.   If it was, take a copy of the document that
      was given to the INS.
   5. Letter from my immediate supervisor stating that I work for him and
      may need to travel abroad for official purposes soon and hence be
      granted an H-1B visa. It was addressed to US consulate, Juarez. This
      was not asked for by the consulate official who interviewed me.
   6. Company verification letter from Human resources giving details like
      job title, pay date of joining etc.
   7. My appointment letter that I had got from Human resources.
   8. Pay stubs or company ID.
   9. $100 cash.
   10. One Passport size photograph
   11. Degree certificates [original + copy]

Q. What documents do I need for H4 visa when applying at US
   consulate ?
A:[From Mahesh Kumar Bagade, [e-mail]]
  Necessary papers for your spouse's H-4 visa:

  1) I-797 form (your H-1B working permit) : Original
  2) Letter of employment from the company you work
     for with salary : Original
  3) A Letter addressing Consulate in favour of
     your spouse visa: Original
  4) Copy of first 5 pages of your Indian passport. : Notarized
     (Make sure that you have the copy of the page with
     current valid visa.)
  5) Copy of the Marriage certificate : Notarized
  6) Bank statement [proof of money for supporting your spouse]
  7) A couple of your paychecks would be a plus point.
  9) Original passport of spouse
  8) Finally a $100.00 fees for the visa process.



                    Labor/GC
                    --------

Q. How many days/weeks/months does it take to get a Labor Clearance
   for GC?
A: [from B.G. Mahesh, [e-mail]]
   This depends on the state you reside. After you send in the responses
   for your advertisement it can take anywhere from 4 weeks to 6 months
   [assuming the labor department did not find any problem with your case]



Q. What is involved in the labor certification?
A:  [from B.G. Mahesh, [e-mail]]
    o Prepare a job description for the job being offered.
    o Job must be "permanent".
    o Alien must be paid at least the minimum wages prevalent
      for the job in the geographical area of employment.
    o You need to advertise the job for 10 business days in your office
    o Advertise for 3 consecutive days in a newspaper.

    DOL [dept of labor] will send in all the responses they get
    for your advertisement and your employer needs to justify why
    you are better than other applicants. If the DOL doesn't approve
    your labor then you can't apply for labor clearance for the next
    6 months.

Q. Does the employer need to show the company's finances?
A:  [from B.G. Mahesh, [e-mail]]
    Basically the employer needs to demonstrate that the company is
    financially sound and it can afford to employ you. So your
    employer may have to show the company's finances.


Q. Should I apply for GC together with the H-1B, or after I get the H-1B?
A: [from B.G. Mahesh, [e-mail]]
   You can apply for GC with H-1B but it is advisable to wait for about
   3-6 months after you get H-1B to apply for GC.

Q: Can one apply for GC through an employer while on H-1 for
   another employer?
A: [from Rajiv S. Khanna, [e-mail]]
   Yes.  The labor cert is for a job in future, which is
   currently available to test the labor market.  It is open
   for US workers.  The "alien" may only accept it upon receiving
   his/her permanent residence.  The H-1, however, is for an entirely
   different job.

Q: Could you please tell me what category spouses of
   GC holders fall under?
A: [from Rajiv S. Khanna, [e-mail]]
   Family preference 2A.

Q: What is the waiting period for such cases?
A: [from Rajiv S. Khanna, [e-mail]]
   As of December 1993:
   Appx. 2.5 to 3 years for India.

Q: And, I had heard that there was a bill
   up for vote.  Do you have any information on this?
A: [from Rajiv S. Khanna, [e-mail]]
    The proposed special noimmigrant "S" visas were never voted
    on in Congress.  The bill is on the back burner.

                      J Visa
                      ------

[from Henning Schulzrinne, [e-mail]]
Note that not all J1 visa holders are subject to the two-year home
residency (HRR) requirement.  Examine your IAP-66 form (bottom left
corner) and the visa stamp in your passport.  You are generally
subject to the HRR if you at any time accepted money from either your
home government or (particularly) the US government or if you are on a
special skills list (medical doctors in particular).  The home
residency requirement aims to protect the home government and the
goals of the exchange agreement.

If you changed schools, funding agencies, etc., you may have a
checkmark that the requirement does not apply on your current visa
stamp or IAP-66.  However, "once subject to the HRR, always subject",
i.e., thus, this does not help.

Q: On what grounds can I get a waiver?
A: 1) national interest: a government agency (NASA, NSA, CIA, ...)
   declares an interest in you and petitions the USIA to waive
   the HRR. Does not appear a good avenue unless you work for that
   agency or do security-related work.

   2) extreme hardship to self or citizen spouse: Seems to imply that
   you or your spouse are on their deathbeds, with treatment only
   available in the United States. Mere career inconvenience to
   spouse, even if U.S. citizen, does not seem to matter. (After all,
   the spouse should have known about this before getting married...)

   3) political persecution; residents of European countries might
   not want to pursue this. Residents of the PRC have a blanket
   waiver (Pelosi bill?).

   4) NORI/no-objection: the home government issues a statement
   of no-objection; seems to be the common and successful approach
   for Indian citizens.

Q: Does marriage to a US citizen help?
A: No. If the US citizen was dumb enough to marry a J1 visa holder,
   her/his problem. (see 'extreme hardship' for unlikely exception).
   Next, please.

Q: Who makes the waiver decision?
A: USIA recommends to INS, which generally accepts recommendation,
   particularly negative ones.

Q: What is USIA's address?
   [from Michael Galperin, [e-mail]]
A: YOU DON'T WRITE TO USIA. It is done either by your embassy or by
   interested US agency (NIH, DHHS, DOE etc). Anyway, the address is
   (courtesy of our International Center):

        US Information Agency
        Office of the General Counsel
        Waiver Review Office
        Washington DC 20547
        Phone [phone] or 7963

Q: What's a NORI?
A: "No obligation to return"; also known as a "no-objection"
   statement. Issued by the home government, usually through their
   consulate. Issued routinely by most European countries, but
   may not help a lot (see next question).

Q: If I get a NORI, will I get a waiver?
A: No. The NORI is a necessary condition (for this particular form
   of waiver), but not sufficient. Generally, the determination is
   up to the USIA. Fulbright students can generally forget a waiver
   unless they fall below the threshold (see next question).

Q: Is there a threshold of money received below which a waiver is
   automatically granted?
A: No, but if you received less than $2000, you at least have a
   chance.  Fulbright grantees' applications have been known to be
   rejected even with grants below that, on the argument that the
   program itself, beyond monies expended on behalf of an individual,
   push each individual above that limit.  Above that limit, you can
   only hope to be from the PRC, or use the other avenues described
   above.

Q: Can I pay back the money I got and get out of the HRR?
A: No. In this respect, Fulbright grants differ from all other
   college grants, which, if you don't live up to your end of the
   bargain, at worst forfeit the loan waiver.

Q: Can I visit the United States while serving my two-year sentence?
A: Yes, but the time is (supposedly) subtracted from your residence time.
   Vacation in a third country is o.k.

Q: Do I have to return to my home country?
A: Yes. More precisely: country of citizenship or last residence
   prior to entering the United States.

Q: Can I reside in my home country and work in another country?
A: Currently not. Apparently, there are rumblings about making
   residency and work in any of the European Community countries
   equivalent, but that has not happened.

Q: Can I work for a company of my home country in another country?
A: Good question. Don't know.

Q: Does writing to your congress person help?
A: No, you just get a longer letter of denial.

Q: What do I need to show after the two years to prove that I
   resided and worked in my home country?
A: Good question. Anybody know?

Q: Can I apply for H-1B, permanent residency, etc. while serving the
   HRR?
A: Yes. The visum will be issued the day your two years are up. This
   is particularly advisable for those who can get visas without
   labor certification (family preference). You can apply at the
   US consulate in your home country.

Q: How often can I apply for a waiver?
A: Every six months.

Q: Does a J1 have any advantages?
A: Yes. You get 18 months of practical training (instead of 12 months
   for an F1). Also, your spouse may work on a J2 visa during your
   stay.


------------------------------
B.G. Mahesh
Software Engineer
EVB Software Engineering, Inc.
Email: [e-mail]
------------------------------