r status should have a valid visa in that status without any exception. As per my understanding valid status is good enough. It is a hassle for me to obtain a H-1 visa as it is only 5 months since I joined this job and it is difficult to get leave. I need your advise in the matter. If the above policy is a valid one I would go ahead and take visa. I need your clarification if there is any other way.
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Q100 I have a question. People on H4 visas do not get Social Security Numbers. But I got married recently and got my wife here on H4 and she wants to work. I was just wondering what is the procedure to get her an H1 Visa(Ofcourse this being after a company agrees to hire her). Is it still the normal procedure or do we have to do anything different (if so could you let me know that).
A100 Same procedure. Nothing different.
Q101 I am on a H1 visa and in the process of getting my green card (8 months through labor certification application).I am currently planning to start my own import/export business. However, I am not sure if it is legally OK to start a business while on H I. Please explain the actual legality to do so?
A101 It can be done only if you work in your own filed of expertise. It is possible to incorporate oneself and then hire oneself to your own corporation as an H-1 employee. One main consideration is that the work you do for your own corporation must be in the area of your own expertise. For example, a Software Engineer cannot start selling refrigerators for his own company while on H-1.
Q102 I have read through your FAQ on the alt.visa.us newsgroup. I am not clear on the issue of extending my H1B permit for another 3 years. Is it the same procedure as filing it for the first time ? What additional documents do I need to submit ? I would like to do it by myself, if it is straight forward.
A102 It is EXACTLY the same procedure as a new H-1.
Q103 I'm a frequent visitor of your web site. A friend of mine is an Occupational Therapist. He was on F-1 and when he applied for H1-B he got I797 approved indicating his visa status is H1B1? Is there any classification as H1-B1? or was that a typo. I would really appreciate if you can reply ASAP.
A103 Not a typo. H-1B1 is for professionals. H-1B2 is for models. So when we normally say H-1, we mean H-1B, or H-1B1 to be very precise.
Q104 I am currently on H1B. This is my third H1, although I did not join one of the companies I got my H1b from. I came on H1 on Jan15, 1992. so I am about to finish my 4 years on H1B. I have been on my current H1B for 10 months. I have following questions. 1. How many H1's can an individual get? Is there a limit and is it bad for GC process? 2. I have heard there is a limit of 6 years. But I am not sure if it is with respect a company's H1 or the total time spent on H1B in US? 3. I have started my GC process. If I don't get my GC approved by the end of 6 years, will I have to leave this country? At which stage my processing should be, at the end of 6 years, for me to continue staying here?
A104 1. No limit on no of H-1s and No effect on GC. 2. 6 years for you. Read the FAQ. 3. Might qualify for 7th year extension provided the I-140 is pending with the BCIS (INS) ( atleast receipt notice).
Q105 I am presently in the US on a H-1B visa. My company has just filed my LCA I am getting married in July and my wife would be accompanying me back on a H4 Would the filing of the LCA affect her chances of getting a dependent visa?
A105 No problem. I assume when you say "LCA" you really mean LC (labor certification). In either case, there is no problem.
Q106 A friend of mine is working for a company on a H1B visa. There is a rumor that he will be laid off by the end of April. He has decided to go back to school. But the nearest term he can apply for is Fall which starts in August. My questions are: 1. Is there a grace period for H1B visa? How long is it? 2. Will his status change to F1 automatically as soon as he get the I-20 from the university? If this is true, does it mean he is legal to stay until the semester starts? 3. Does he need to leave the country and get a F1 visa to re-enter if he does not get the I-20 during the grace period ? 4. If he is not laid off and the I-20 is issued, can he keep working on his H1B visa?
A106 1. No grace period 2. Not automatic. He will have to apply for adjustment of status after getting the I-20. The school should be able to guide. 3. Yes. 4. Of course not.
Q107 When a person changes from F-1 to H-1 and their spouse has been an F-2 - dependent spouse of F-1, does one have to file for status change of the spouse or does she automatically become dependent of H-1 visa holder.
A107 If staying in U.S. at the time, they must file for adjustment of status (Form I-539). If outside, they will need to go to a consulate for an H-4. The conversion is NEVER automatic.
Q108 What options are available to a person whose change of status via employment is still pending when H1 completes its full term of 6 years ?
A108 Not many options. They leave or change to another status.
Q109 I wanted to find out whether if I am a homeowner, it would be easier to apply for a H-1 visa or permanent residency.
A109 It makes no difference.
Q110 What are the specifications for certificates if I am a Computer Systems Analyst from Canada going to the U.S.? I would like to know what the US Immigration looks for as far as the education aspect of this visa
A110 Computer Systems Analyst-baccalaureate or licenciatura degree; or post-secondary diploma or certificate and 6 years' experience( if the person does not have a 4 yrs degree).
Q111 There seems to be a provision to obtain H1 visas in India by mail. Can you throw some light on this.
A111 Only in some very limited cases. Such as, when they have already denied you tourist visa certain number of times.
Q 112 How many days/weeks/months does it take to get a H-1B? A112 It takes about 3- 5 months for regular processing and 15 days for premium processing
Q 113 How much is the fee for H-1B, H4. A 113 H-1 B : Correct fee IF you are changing status ( e.g. from F-1 to H-1) and applying for H-1 is $1130.
H-4: Many variables, check with your lawyer.Q114 Could netters please provide some personal experiences of H-1 multiple entry visas from (Canada: Halifax, Montreal, Quebec City, Toronto, Vancouver ---- Mexico: Juarez)?
A114 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, trans cript 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 ashok@zko.dec.com
[Various People on the net including Dip, NANDID@UCBEH.SAN.UC.EDU] [Modified by rskhanna@immigration.com]
NOTE: ******
For all consulates in Canada, First obtain an appointment by calling 1-900-443-3131
[From Vijay Jagannath, srivij@nando.net] 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 (902) 429-2480. 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
--------- Wed, 10 Dec 1997 16:35:21 -0500 (From a Netter)
Hi Rajiv,
Your FAQ site really helped me in preparing for my visit and interview .I successfully obtained my H-1B multiple entry visa in December of 1997.My experiences and observations are as follows.