Amiga Plus 1995 #2/Amiga Plus CD - 1995 - No. 2.iso/internet/faq/englisch/immigrationusa

Text File | 1995-04-11 | 21.3 KB | 450 lines

Archive-name: us-visa-faq/part1
Last-Modified: March 9, 1995

Currently, the USA Immigration FAQ is maintained by
B.G. Mahesh [[e-mail]]

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

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers/us-visa-faq.
To get this FAQ by E-mail, you should send a message to
[e-mail] with
        send usenet/news.answers/us-visa-faq/part1
in the body of the message. Make sure you don't have a signature
in body of the message.

To get the entire FAQ [which includes the answers to the questions from
this FAQ] by email, you should send a message to [e-mail]
with
        send usenet/news.answers/us-visa-faq/*
in the body of the message. Make sure you don't have a signature
in body of the message. The above instruction *work*, I have
tried them, if it doesn't work get local help before sending me an email.

If you have access to the Web you can also access the FAQ
from http://www.fred.net/mahesh/immigration.html

IMPORTANT IMPORTANT IMPORTANT NOTE !!!
--------------------------------------
If you don't have access to alt.visa.us and you wish to ask a question
related to immigration then send your query to [e-mail]
Please try to be brief and try not to exceed 72 columns when you type in
the message. Mention in your message that you don't have access to
alt.visa.us newsgroup and people should respond to you directly.

Individuals are encouraged to submit corrections, questions and answers
to [e-mail] directly.  In many answers below, submitters are noted
in parentheses at the beginning of comments.  (Comments may be
slightly edited.)

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 *:

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

                    General
                    -------
Q. What is this FAQ about?
Q. Is their a internet site from which I can download any info
   regarding immigration?
Q. Are there any books regarding Immigration?
Q: What does XX non-immigrant visa mean?
Q. Are there any lawyers who can be reached by email?
Q: Are there any mailing lists?
Q: How to select an immigration lawyer?
Q. Is there a list of "recommended lawyers" ?
Q. Are there any lawyers you don't recommend ?
Q: What are the numbers for "Ask Immigration" Telephone Information
   Systems operated by INS.
Q: Which is the best time to change this maiden name to the
   married name and how to go about it?
Q: What is form XXX ?
Q: What is the fee for XX?
Q: What is the phone number of US Consulate in XXX?
Q. 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. I am coming up on the second three year extension on my current
   H-1B visa. If I change employers 3 months into the extension, will
   I be able to use the remaining 2yrs 9 months with another employer
   on a new H-1B ?
Q. My H-1B is up for renewal after three years . It was received without
    the DOL Clearence that is required now a days. Will the renewal need
     such a clearence from DOL ?
Q. How many days/weeks/months does it take to get a H-1B?
Q. I have a H-1B visa and I want to change jobs. Is it possible
   for my new employer to file for my H-1B without my original
   H-1B document which is with my present employer?
Q. How much is the fee for H-1B, H4.
Q: I did not get a "Blue" form with my H1B visa approval notice. Why?
Q: If my company is bought by another company is my H-1B visa still valid?
Q: If I get promoted do I need to get a new H-1B visa?
Q: What is a good place to try for multiple entry H-1B visa?
Q. Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico
   or Canada?
Q: What is the phone number of US consulate in Jurez, Mexico?
Q: Where to stay in Quebec?
Q: How is the experience of getting H1 Multiple from Quebec?
*Q. What documents are needed to get a multiple entry H-1B visa?
Q: What is a good place to stay at El Paso?
Q: Are there any good eating places near the EconoLodge?
Q: Do I need to have a Mexican Visa to go to Juarez?
Q: Any suggestions for dos and don'ts in Mexico?
Q: What is the best form of transportation from the El Paso airport to the
   Econolodge?
Q: What is the best means of transportation from the Econoldge to the
   U.S. Consulate and back?
Q: Is there a fee for the multiple entry H-1B visa?
*Q: How to get multiple H-1B from Canada?
Q. What documents do I need for H4 visa when applying at US
   consulate ?
Q: For how many months are the papers sent for H4 valid?
Q: Documents for H4 have been sent. If I change jobs should
   I resend a fresh proof of employment from my new employer?
Q: Can I renew my multiple-entry visa stamp by mail?
Q: What are the different types of H-1 visas?
Q. What is the difference between Labor Certification and
   Labor Condition Application? I do understand that one is for
   H-1B and the other is for Green Card. Beside this, there must
   be some other difference. What's it?
Q: It is widely understood that a job ad is required for Labor
   Certification.  Some one told me that a job ad is also required
   for Labor Condition Application but some others told me that it
   is not necessary. What is the truth? If LCA required a job ad,
   why is the job ad required one more time later on in Labor Certification?
   What is the difference?
Q: What is the role of my academic degree in applying for the Labor
   Condition Applicaiton 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 Applicaiton or
   Labor Certification. Is that true?
Q: When employer fires an employee on H1-B visa for whatever reason,
   what will happen to the legal status of the person (employee)?
Q. Can I submit a LCA, then resign and then stay in US legally? or do I
    have to wait till I get LCA certified, file a petition for H1 and then
    resign to stay in US?
Q. Can someone on H4 take up an assistantship after being admitted to school
   based on the fact that he/she has applied for status change to F1 at INS?
Q. How do I change my status from H4 to F1?
Q. What if my spouse has to go back on H4? (If I change a job, etc.)


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


                       F Visa
                       ------

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

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

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

                       K Visa
                       ------

Q: Who can apply for K visa?
Q: How do I obtain a K visa for my fiance(e) (who is not currently in
   the US)?
Q: How long does it take to get a K visa?
Q: How long is it good for?  What are the conditions?
Q: What is needed for the petition?
Q: Can I do this myself, or do I need a lawyer?
Q: How much will a lawyer charge?
Q: How will I know the petition is approved?
Q: What is needed after petition approval?
Q: What is needed at the interview?

                      L Visa
                      ------

Q. What is L-1 visa?
Q. Who qualifies for a L-1 visa?
Q. For how may years is L-1 visa issued for?
Q. Can dependants of L-1 come to USA?
Q. Can I apply for a L-1 visa?
Q. Can my company apply for multiple L-1 visas?
Q. What happens, if one of the subidiaries (either in the United States
   or in the foreign country) goes out of business?
Q. Does this mean I have to leave the United States?
Q. In case I want to escape the trap with the involuntary termination, if
   my company goes out of business, can I switch to a different kind of
   visa (e.g., to an H-1B) at any time?
Q. What's the cost for a L-1 visa?
Q. Do you need a lawyer to get a L-1 visa.


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

Q: What documents should I send to sponsor for a visitors visa?
Q: How can I extend a visitors visa?
Q: Can the immigration officer at the port of entry (or any other
   INS officer) cancel the B1/B2 visa?  If so, on what grounds?
Q: Can I apply for a social security number on a B1/B2 visa?



                      Labor/GC
                      --------
Q. How many days/weeks/months does it take to get a Labor Clearance
   for GC?
Q. How many days/weeks/months does it take to get a I-140 approval ?
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: If I one were waiting for a GC date to become current,
   after one got one's labor certification AND the 6 year
   limit on H-1B expires while waiting, will one have to
   leave the country ?
Q. Will my spouse qualify for greencard with me even if she is on a
    non-dependent visa like F1 ?
Q: At what point spousal petitions can be attached to the forms
    I-140/485 ? I-140 part 7 clearly asks for a list of dependents. Can
    a person file I-140, get married and then petition for his/her spouse
    on the I-485?
Q: Will all the GC wait come to a naught in this case , or can
   one wait for it outside the country ?
Q: When Labor Certification has been recieved, is H-1B still the
   operating visa, or do you fall under some new status ?
Q: Can one apply for GC through an employer while on H-1 for
   another employer?
Q: If I am working for Company "A" through another Company "B" which has
  started my labor certification process i.e. Ad in newspaper is done and
  I am waiting for the Labor Certfication from the Dept. of Labor but in
  the meantime I got a job offer directly from company "A" and in this
  case will the labor certification filed by company "B" valid since the
  job description is same or do I need to start all over again and get a
  new labor certification ?
Q: Can an applicant qualify for a GC without going through
   Labor Certification?
Q: Is a job offer necessary for the above classifications?
Q: Where can I get details about the rules and regulations pertaining to
   the employment based immigration classifications?
Q: What is the national interest waiver (NIW)?
Q: How does an individual qualify for the national interest waiver?
*Q: What are the condtitions that need to be satisfied to be in the
   national inteest?
Q: How are the national interest waiver cases adjudicated?
Q: Which fields have the greatest chance of success for the NIW?
Q: What supporting documentation must be submitted to demonstrate
Q. I have filed an application for change of status. I have a
   non-immigrant visa [eg. H-1B] which will expire next week.
   Most likey I will not be called for my GC interview before
   next week. Should I file for an extension of my non-immigrant
   visa [eg. extension of H-1B visa] ?
Q: What are the various categories of "Preferences" ?
Q: What is the waiting period for such cases [2A category]?
Q: And, I had heard that there was a bill
   up for vote.  Do you have any information on this?
Q: What is the time-frame to get a GC if the spouse is an U.S. citizen?
Q. Does a parent (green card holder) who has filed for a green card for
   his/her unmarried child who is under 21 years of age, have to file
   another petition if the child turns 21 while waiting for the green
   card ?
Q: Can GC holders sponsor for their parents GC?
Q: If I gained lawful permanent resident status (LPR) through a
    previous marriage, can I petition for my current spouse to immigrate
    to the US based on my LPR?"
Q: What does "current" mean?
Q: What are the benefits/restrictions of a U.S. Permanent Resident?
Q: Can I travel abroad?
Q: Do I have to register with Selective Service?
Q: Do I have other responsibilities?
Q: If I am a permanent resident, can I get public benefits?
Q: Is it safe to get public benefits?
Q: Why should I become a U.S. citizen?
Q: Do I need to be a permanent resident to get Social Security benefits?
Q: What are the current requirements of your stay in US to be able to
   retain the Green Card.
Q. After getting stamped in the passport for employment based immigration,
    how long is an employee required to work with the employer that
    sponsored the employee for immigration.
Q. Please discuss the consequencies, immediately after obtaining
    immigration (meaning whithin a day or two).
    a. If the employee voluntarily quits/leaves the employer.
    b. If the employer fires the employee for performance related reasons.
    c. If the employer fires the employee because of the personality problems.
    d. If the employer lays-off the employee for economic reasons (lack of
       adequate business or resources).

Q. If the employer lays-off the employee to avoid payment of the agreed or
    the promised salary (as stated on the Labor Certification or the Job Ad.)
Q. Can a Permanent Resident Visa be revoked for any of the above stated
    reasons?
Q. Under what circumstances can a Permanent Resident Visa be revoked.
*Q: What should I do if I don't have my birth certificate?
Q: Do permanent residents need to apply for a visitors visa to visit Canada?
Q: Doesn't the new adjustment of status provision in the INS Fiscal
   Year 1995 Appropriations Act create another amnesty program
   for illegal immigrants?
Q: Why was this provision added to the Appropriations Act?
Q: Specifically what types of foreign nationals are affected by this
    new provision?
Q: Is there an estimate of how many such foreign nationals are eligible
    to apply for permanent resident status?
Q: Are all aliens in the United States who are out of status now
    eligible to apply for adjustment of status to permanent residence?
Q: Do priority dates still matter? Can aliens, regardless of priority
    dates, now immediately apply for adjustment of status?

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


Q: CAN I ENTER?
Q: DO I MEET THE EDUCATION OR TRAINING REQUIREMENT?
Q: HOW DO I COMPLETE AN ENTRY?
Q: WHERE DO I MAIL MY ENTRY?
Q: HOW WILL I FIND OUT IF I AM SELECTED?

                      US Citizenship
                      --------------

Q: What is the time-frame to get U.S. citizenship if the spouse is
   an U.S. citizen?
Q: Who can apply for U.S. citizenship?
Q: When can I apply for U.S. citizenship?
Q: What are the requirements for U.S. Citizenship?
Q: Under what conditions can I be denied U.S. citizenship?
Q: Can citizenship once granted be revoked?
Q: Under what conditions can my citizenship be revoked?
Q. Where can I get some information on dual citizenship?

------------------------------------------------------------------------
B.G. Mahesh                     | Email: [e-mail]
Software Engineer               |        [e-mail]
EVB Software Engineering, Inc.  | Home Page: http://www.fred.net/mahesh/
                                | FAQ maintainer of alt.visa.us