lotus



previous page: Hong Kong FAQ
  
page up: Travel and Living around the Globe
  
next page: Canada immigration FAQ

USA Visa and Immigration FAQ



This FAQ has information about procedural and substantive issues of U.S. immigration laws.

This FAQ about USA Visa and Immigration was compiled and written by rskhanna@access5.digex.net (Rajiv S. Khanna) with numerous contributions by others.

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/us-visa-faq. To get this FAQ by E-mail, you should send a message to mail-server@rtfm.mit.edu 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 mail-server@rtfm.mit.edu 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.

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 alt-visa-us@cs.utexas.edu 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 rskhanna@immigration.com 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."

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.

-01 Is there a internet site from which I can download any info regarding immigration?
-02 Are there any books regarding Immigration?
Name: Immigration Procedures ...
-03 What does XX non-immigrant visa mean?
-04 Are there any lawyers who can be reached by email?
-05 Are there any mailing lists?
-06 How to select an immigration lawyer?
-07 Is there a list of "recommended lawyers" ?
Rajiv S. ...
-08 What are the numbers for "Ask Immigration" Telephone Information Systems operated by INS.
[San Jose/Forms Update Provided by Dag Johansen, dagj@netcom.com]...
-09 Which is the best time to change this maiden name to the married name and how to go about it?
-10 What is form XXX ?
-11 What is the fee for XX?
-12 What is the phone number of US Consulate in XXX?
-13 What are the formalities for translation of foreign language documents?
[Addition suggested by Siegfried Rambaum]...
-14 Can E-mailed ASCII text (without signatures) be used for translations?
The following language appended to the translation should work:...
-15 Rajiv, is there a list of evaluation agencies, recognized by DOL and INS? I'm trying to do evaluation of my education, but I am not sure that DOL and INS will recognize it. If there is a list of these accredited agencies, how can I obtain one?
-16 Citizenship information
-17 I am a legal P.R. in the United States from China. When I saw CNN'sNation Within program on TV tonight, an INS officer said that an immigrantin the United States is not protected by constitution or has not constitutionright. Is this true? If this is true, then it is legal to discriminate alegal immigrant. Please give me an answer.
-18 So what the heck is an "H-1B (or H-1)?"
I receive so many inquiries on this. So, here are some excerpts ...
-19 Do I need to hire a lawyer for H-1B/GC?
-20 How much does it cost to hire a lawyer for a H-1B visa?
Anywhere between $700-$1500. I have known people hiring lawyers ...
-21 Does the lawyer need to reside in the same city/state where I live?
NO! Most of the work is done by phone/fax [and email in ...
-22 What forms are needed for H-1B visa and where can I get it?
-23 Is there any special requirement to get H-1B ?
Yes. Basically, You must have the U.S. equivalent of a Bachelor's degree ...
-24 Say, if my employer in US has got H-1 visa approval from INS, does that ensure that I can get H-1 visa ?
-25 If my employer has got H-1 visa approval, can I apply forvisa either in Korea or in Japan ? does that matter ?
-26 Can I get a H-1B visa for a part time job?
Yes.
-27 Having H-1B visa with one company, can I work some where else also, like part time job ?
You will have to get another H visa for the ...
-28 During the process of H-1B visa, suppose if I get a better job what happens ?
Apply for a new H-...
-29 Should I wait for my H-1B approval before I join the new job?
[this question is related to the previous question ]...
-30 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 ?
Yes you will, but you do have to get a new H-1B classification....
-31 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 ?
Yes, you will now need clearance (
-32 Hello Mr. Khanna. I have a question regarding LCA. Is the LCA specificto a state? For example, can I take an LCA form from one state and fill itand send the completed form to another state?
-33 How many days/weeks/months does it take to get a H-1B?
-34 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?
-35 How much is the fee for H-1B, H4.
H-1B : Correct fee IF you are changing status (e.g. from F-1 to H-1)...
-36 I did not get a "Blue" form with my H-1B visa approval notice. Why?
-37 If my company is bought by another company is my H-1B visa still valid?
According to INS, if the successor company undertakes all rights,...
-38 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?
-39 Following question 2 can I become full-time employeeat Y and then continue working for X part-time?
-40 If I get promoted do I need to get a new H-1B visa?
Technically, you do need a new H-1. In real life, if the jobs ...
-41 Personal Experiences Of H-1 Multiple Entry Visas From Canada: Halifax
7 July
-42 Personal Experiences Of H-1 Multiple Entry Visas From Canada: Montreal
-43 Personal Experiences Of H-1 Multiple Entry Visas From Canada: Ottawa
[OLD]
-44 Personal Experiences Of H-1 Multiple Entry Visas From Canada: Quebec City [OLD]
Quebec City: US consulate phone # 418-692-2095. I believe that ...
-45 Personal Experiences Of H-1 Multiple Entry Visas From Canada: Toronto
-46 Personal Experiences Of H-1 Multiple Entry Visas From Canada:Vancouver
---------------------...
-47 Personal Experiences Of H-1 Multiple Entry Visas From Canada:Mexico
Juarez - [NEW]...
-48 Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico or Canada?
-49 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 ...
-50 What documents are needed to get a multiple entry H-1B visa?
1. Passport with current I-...
-51 What is a good place to stay at El Paso?
I stayed at the EconLodge in El Paso. They charge $34/night. ...
-52 Are there any good eating places near the EconoLodge?
There's a restaurant called Elmers next door to the Econolodge. ...
-53 Do I need to have a Mexican Visa to go to Juarez?
You do need a Mexican visa to go to the U.S. consulate in Juarez....
-54 Any suggestions for dos and don'ts in Mexico?
Do not drink the water in Juarez. Either carry spring water with ...
-55 What is the best form of transportation from the El Paso airport to the Econolodge?
The EconoLodge has a shuttle service that can pick you up and ...
-56 What is the best means of transportation from the Econoldge to the U.S. Consulate and back?
A taxi driver by the name of Jesse Esparza (915)598-0204 offers ...
-57 Is there a fee for the multiple entry H-1B visa?
Recently, the consulate started issuing machine readable visas (MRV)....
-58 For how many months are the papers sent for H4 valid?
-59 Documents for H4 have been sent. If I change jobs should I resend a fresh proof of employment from my new employer?
In case of a new H1-B notification, it's better to submit the ...
-60 Can I renew my multiple-entry visa stamp by mail?
Yes, but note that this is only for renewal or reissuance, ...
-61 What are the different types of H-1 visas?
An H-1B classification is temporary (three years, extendable ...
-62 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?
An LCA is a very abbreviated procedure. It is merely a one ...
-63 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?
No job ad is required for LCA. Only internal notices need to ...
-64 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?
For H-1B, a Bachelor's degree in a narrowly defined subject area ...
-65 When employer fires an employee on H1-B visa for whatever reason, what will happen to the legal status of the person (employee)?
Period of stay regulation:...
-66 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?
You can resign whenever you want, as long as you have another ...
-67 Can someone on H4 take up an assistantship after being admitted toschool based on the fact that he/she has applied for status change toF1 at INS?
*No*. Some of the people who had responded to this said that ...
-68 How do I change my status from H4 to F1?
There are two ways:...
-69 What if my spouse has to go back on H4? (If I change a job, etc.)
You can use the same process again to change your status....
-70 I obtained my bachelors in India and a masters in the US. If I havea masters from the US, do I still need to show that my bachelors isequivalent to a US bachelors?
No. Not if you have a relevant masters degree....
-71 My H1-B expires in July 1997. When should I file for my visa extension?
You should file your request no earlier than four-six months before ...
-72 Is filing for a visa extension the same as filing a new H-1?
The filing process is the just like filing a new H-1....
-73 Can we use the previous LCA in filing for an H-1 extension?
No.
-74 I am currently on an H1-B visa and in the process of getting mygreen card. Can I still apply for a DV-98 visa and if I do, willit affect my labor certification?
You can apply for a DV-98 visa and there is no effect on the ...
-75 If an individual starts processing an H1-B through one company whileworking for another through an H1-B and leaves the current companybefore the new H1-B is approved, how much time can individual stayin the US?
10 days.
-76 What is the individual's status during this time? What is a spouse'sstatus if on an H-4?
Both individuals will be in status for 10 days....
-77 If a non-immigrant specialty occupation worker on an H1-B status getsanother employment opportunity with another employer, what steps arerequired for the transition from one employer to another? What happensto the original H1-B petition? Is there a restriction on the employeenot to start working with the next employer?
A new H-1 is filed, except with a lower filing fee. The original H-1 ...
-78 I am an H-1 wishing to start a company. Is it possible?
Yes. Incorporate (open a company) and then apply for either a full-time ...
-79 According to H1-B employment law, can an employer change the salaryfrom the salary documented on H1 application? My employer is doingcontracting business and paid me a lower amount the first month becauseit did not have any clients?
It is illegal to do so unless the H-1 papers mention that the ...
-80 How many H-1s can an individual obtain?
There is no limit as to how many H-1s an individual obtains....
-81 Does the number of H-1 visas obtained by one personeffect the greencard application process?
No.
-82 My wife has an H-4 visa and she wants to work. She would like toobtain an H-1 visa. Is it the normal procedure or does she need todo anything different?
It is the same procedure, no difference....
-83 Can you have simultaneous H1-B (One full time and one part timeat the same time working for two different companies)? If so, isthe six year period calculated for the multiple visas?
It is permissible to hold many H-1's separately as long as the ...
-84 Does a Canadian Landed Immigrant (Canadian PR) need a visato visit the US?
Definitely No if you are also a citizen of a commonwealth country....
-85 What is the maximum duration that a Canadian Landed Immigrant canstay in the US without returning to Canada?
If you are visa exempt, there is no limit according to US law, ...
-86 Does a Canadian Landed Immigrant need a visa to work in the US?
Yes. The visa options are the same as for the rest of the world....
-87 What are the obvious options for a US work visa fora Canadian Citizen?
Usually three obvious options: L-1 (if they own their business or ...
-88 Does a Canadian Landed Immigrant need a visa to attend school in the US?
Yes.
-89 Does a Canadian Landed Immigrant qualify for special treatmentunder NAFTA?
No. Only Canadian citizens qualify....
-90 What are the various type of J-1 categories?
According to USIA regulations [22 CFR 514.2], participants include, but ...
-91 On what grounds can I get a waiver?
1) AT the request of a U.S. government agency (NASA, NSA, CIA, ...)...
-92 Who makes the waiver decision?
It is a combined decision by USIA and INS (with much weight being ...
-93 What's a NORI?
-94 If I get a NORI, will I get a waiver?
No. The NORI is a necessary condition (for this particular ...
-95 Is there a threshold of money received below which a waiver is automatically granted?
No, but if you received less than $2000, you at least have ...
-96 Can I pay back the money I got and get out of the HRR?
No. In this respect, Fulbright grants differ from all ...
-97 Does marriage to a US citizen help?
No. If the US citizen was dumb enough to marry a J1 visa holder,...
-98 How do I go about applying for a waiver? Do I have to work for the sponsoring agency?
It is *not* true that you have to work for the sponsoring agency. ...
-99 How long does the whole process take?
The period between the day you file with the Department ...
-100 Do I need to hire a lawyer to apply for a waiver?
Probably not a good idea given that the necessary overhead (paperwork)...
-101 When can an interested U.S. Govt. agency sponsor me for a waiver of the HRR?
In many cases, you need to work directly for the interested ...
-102 What are the steps for getting a NORI?
-103 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?
Adjustment of status is not permitted because of INA Section 248(3),...
-104 Can an interested U.S. Government agency sponsor me for a waiver if I work for a private company?
Certainly. Your company needs to demonstrate that by hiring you,...
-105 If an interested U.S. Govt. agency sponsors me, will I get a waiver?
I am not aware of anyone who has been refused an ...
-106 How long does it take for me to obtain the waiver once I submit my papers to the interested Govt. agency?
Approximately 4-6 months (There is no standard time frame though)....
-107 What is the procedure followed in an IGA waiver?
You first submit the necessary forms and supporting documents to ...
-108 How often can I apply for a waiver?
Every six months....
-109 What happens after the USIA makes a favorable recommendation for the waiver of the HRR?
The USIA forwards its recommendation directly to the local ...
-110 Do I need to submit additional documents to the INS for the waiver?
No. Just sit back, relax and await the final letter from the INS....
-111 How long does it take for the INS to grant the waiver?
Usually 30-60 days from the date the INS receives the USIA'...
-112 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?
You don't have to wait for the final waiver from INS ...
-113 Has anyone been refused a waiver by the INS after the USIA has made a favorable recommendation?
I don't know of any such case. INS usually accepts the USIA'...
-114 I have already been denied a waiver based on a "no objection" statement. Will it help me get a positive response to an application based on a "no objection" statement if I am able to demonstrate that a University is interested in hiring me?
Your employer can write a supporting letter and make you ...
-115 How likely is it that a philosophy graduate 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?
The University must demonstrate through extensive documentation that ...
-116 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?
I don't see why not. However, for you to come back, you must ensure ...
-117 If I win a green card in a lottery, am I no longer subject to HRR?
Once subject to the HRR, always subject. Therefore, even if you win ...
-118 One can not appeal a denial to an application for a waiver based on a "no objection" statement. Can one apply again on the same grounds? Is there any hope of success in such a case?
Don't know about this one. The law merely says that you can apply for ...
-119 Will it help me to get a waiver to switch to F-1 visa (rather than just to a different sponsor)?
-120 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.?
Not sure about this one too....
-121 What do I need to show after the two years to prove that I resided and worked in my home country?
Good question. Anybody know?...
-122 Can I apply for H-1B, permanent residency, etc. while serving the HRR?
Yes. The visa will be issued the day your two years are up. ...
-123 Can I visit the United States while serving my two-year sentence?
Yes, but the time is (supposedly) subtracted from your residence time....
-124 Do I have to return to my home country?
Yes. More precisely: country of last permanent ...
-125 Can I reside in my home country and work in another country?
Currently not. Apparently, there are rumblings about ...
-126 Can I work for a company of my home country in another country?
Not sufficient....
-127 Does writing to your congress person help?
No, you just get a longer letter of denial....
-128 What is USIA's address?
YOU DON'T WRITE TO USIA. It is done either by your embassy or ...
-129 Does a J1 have any advantages?
Yes. You get 36 months of practical training (instead of 12 ...
-130 Who can apply for an F-1 visa?
Any alien who has applied to and been accepted to enroll on a full-...
-131 Can other non-immigrants pursue studies in the U.S.?
-132 Can I pursue an F-1 visa if similar training is available in my home country?
Yes. However, to pursue practical training, such training must not ...
-133 How long can I stay on an F-1 visa?
Foreign students are permitted to stay in the U.S. for the entire period ...
-134 Must an F-1 student be studying on a full-time basis?
Yes. At the undergraduate level, this normally means at least 12 ...
-135 Am I in status if I do not study during my schools summer vacation.
Yes, if you are eligible and intend to return to school in the next term....
-136 What if I am unable to complete my program by the time indicated on my I-20AB?
-137 What are the procedures for applying for an F-1 visa?
-138 What financial requirements must be met to receive an F visa?
-139 How strong must my English skills be to qualify for the F-1?
-140 What evidence do I need to present to show bona fide non-immigrant intent?
-141 Is it difficult to change from another non-immigrant visa category to student status?
Theoretically, Yes. The INS often presumes that the alien entered ...
-142 Can I transfer schools on the same F-1 visa?
-143 What if I am changing educational programs but remaining at the same school?
-144 What are the procedures for pursuing on campus employment?
-145 What are the options for off-campus employment?
-146 What should I do if I am out of status on my F-1?
You should be able to regain status through departure and re-entering ...
-147 What status will my spouse receive?
-148 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?
While the possible permutations/combinations are many, overall, an F-...
-149 Can a person keep two jobs while on F-1 practical training, considering both jobs are in the same field of study?
-150 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?
Yes. No limit on hours, as far as i have ever heard....
-151 Can one work as a consultant for more than one company while on F-1 practical training?
Employment Authorization allows just about any type of employment in ...
-152 Who can apply for K visa?
The K class visa is the
-153 How do I obtain a K visa for my fiance(e) (who is not currently in the US)?
You must petition the INS, obtain their approval, and then ...
-154 How long does it take to get a K visa?
Generally, once the petition is filed, it takes about 30 days ...
-155 How long is it good for? What are the conditions?
Upon approval and successful passing of medical exam and interview ...
-156 What is needed for the petition?
Forms needed: the G-325A, Biographic Information, must be ...
-157 Can I do this myself, or do I need a lawyer?
Either. An attorney can help expedite and answer questions, ...
-158 How much will a lawyer charge?
Varies widely, but quotes here in Los Angeles were:...
-159 How will I know the petition is approved?
You will be sent a Notice of Action, Form I-797, stating ...
-160 What is needed after petition approval?
The fiance(e) should call the US consulate, and ...
-161 What is needed at the interview?
o Proof of the relationship....
-162 Are there any special requirements depending upon local customs ina country (Ukraine)?
I was looking over all your K-1 Visa information and ...
-163 What is L-1 visa?
-164 Who qualifies for a L-1 visa?
-165 For how may years is L-1 visa issued for?
An L-1 petition may be approved initially for up to three years,...
-166 Can dependents of L-1 come to USA?
The spouse and children (under 21 years and unmarried) may ...
-167 Can I apply for a L-1 classification?
-168 What happens, if one of the subsidiaries (either in the United States or in the foreign country) goes out of business?
The L-1 visa is dependent on the existence of both a subsidiary in ...
-169 Does this mean I have to leave the United States?
Yes! Since you lost your work permit and your visa, you are not ...
-170 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?
Yes. All what the company has to do is to apply for the other visa....
-171 What's the cost for a L-1 visa?
It's about $150 for the initial visa and around $75 for the extension....
-172 Do you need a lawyer to get a L-1 visa.
Personally you don't, but since the paperwork is similar to the H-...
-173 What documents should I send to sponsor for a visitors visa?
-174 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.
Send documentation establishing: your wife's pregnancy; your ...
-175 How can I extend a visitors visa?
-176 Can the immigration officer at the port of entry (or any other INS officer) cancel the B1/B2 visa? If so, on what grounds?
The INS can refuse entry (which functionally amounts to ...
-177 Can I apply for a social security number on a B1/B2 visa?
Hello Rajiv:...
-178 I am currently holding an H-1B visa. If I decide to apply for a greencard,what are the steps I need to follow? Does it take less time if I amworking for a university?
There are special procedures for university professors and/or ...
-179 How many days/weeks/months does it take to get a Labor Clearance for GC?
This depends on the state you reside. It can take anywhere from 4 ...
-180 Reduction in Recruitment (RIR) Boston
-181 Reduction in Recruitment (RIR) Chicago
-182 Reduction in Recruitment (RIR) New York
-183 Reduction in Recruitment (RIR) Philadelphia
-184 What is "priorty date?"
-185 How do I check the status of a labor certification pending with the U.S. Department of Labor?
Most U.S. DOL regions have automated status check phones which ...
-186 How many days/weeks/months does it take to get a I-485 approval?
-187 What is involved in the labor certification?
-188 What if any impact would my Educational qualifications ( only BS )have in the DOL processing my application?
I am currently on an H1-B visa on behalf of a Software company. I have ...
-189 What are is the DOL actually looking for when it goes through the labor certification process?
-190 What are the 'additional' things that I need to address, and takeaccount of before filing the advertisement and starting the LC process?
-191 Would requiring a BS with 2-3 years of experience change the preferencecategory of my labor certification process?
BS falls in the category EB3 while MS (or BS + 5 Years Exp.) falls in ...
-192 Does the employer need to show the company's finances?
-193 A friend of mine had got the labor certification and while waiting for his date became current, he get laid off from his job. Could you please tell me is his labor certification still valid for GC application?
The labor certification is valid, but your friend may not get a GC. Reason:...
-194 Dear Rajiv, a friend of mine, who doesn't have access to the net, is a computer consultant
- on an H-1B visa,...
-195 What is the statute of limitation on labor certification?
( Once LC is obtained how long is it valid before applying ...
-196 Should I apply for GC together with the H-1B, or after I get the H-1B?
You can apply for GC with H-1B but it is advisable to wait for ...
-197 If 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 ?
Yes, unless you are close enough to getting a green card ...
-198 Will my spouse qualify for greencard with me even if she is on a non-dependent visa like F1 ?
Yes. Spouse and Kids qualify for greencard irrespective (except for J1)...
-199 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?
You may marry after I-140 and include the spouse on the Form I-485....
-200 Will all the GC wait come to a naught in this case , or can one wait for it outside the country ?
You can MOST certainly wait outside the country....
-201 When Labor Certification has been received, is H-1B still the operating visa, or do you fall under some new status ?
Mere receipt of labor certification does not change your status....
-202 Can one apply for GC through an employer while on H-1 for another employer?
Yes. The labor cert. is for a job in future, which ...
-203 I have seen many people pre-advertise for a position (i.e. not get the job opening approved before hand) and thus save a significant period of time in getting the LC.
From what I gather, people seem to have a ...
-204 If the second category (EB 2) also needs the labor certifications(exceptin cases of national interest), what is the benefit of this overapplications in the third category?
Is this somehow related to ...
-205 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 ...
-206 How long does an employee who receives GC through Labor Cert. have to work after getting the (actual) green card before changing to another job?
I find this a very interesting question in today's ...
-207 Can an applicant qualify for a GC without going through Labor Certification?
-208 Is a job offer necessary for the above classifications?
For (1) above, although no job offer is necessary, it is advisable ...
-209 Where can I get details about the rules and regulations pertaining to the employment based immigration classifications?
Citations from the foreign affairs manual are the best source ...
-210 What are the major steps (milestones) towards obtaining the GC after you submitted the petition?
Thanks for maintaining the USA Immigration FAQ:...
-211 Mr. Khanna, as a follow up to the above question, in which step do you need your dependents to be in the U.S? (in the interview?).
-212 Another followup, if you are granted an interview, can you postpone it until your dependents can join you.
-213 If your dependents cannot join you for some reason, can you still get the GC just for yourself - and apply for the GC of your dependents later on (even if your original petition has included your dependents). How long will the latter process take?
-214 Summary of Green Card Interview in Newark, New Jersey
Here is a short summary of my Green Card interview ...
-215 What is the national interest waiver (NIW)?
A person may qualify for the waiver of the labor certification ...
-216 How does an individual qualify for the national interest waiver?
A person qualifies for this benefit if he falls within the ...
-217 What are the conditions that need to be satisfied to be in the national interest?
-218 How are the national interest waiver cases adjudicated?
Although the INS states that it will be flexible in ...
-219 Which fields have the greatest chance of success for the NIW?
There is no such thing as the
-220 What supporting documentation must be submitted to demonstrate the national interest?
Most of the successful petitions are documented by evidence such ...
-221 What form should I file to seek the national interest waiver of the
job offer and labor certification requirements?...
-222 Who files the petition in a national interest waiver case?
-223 Can I change employers before my GC interview if my I-140 is approved on the grounds of a national interest waiver (NIW)?
-224 What are the recent INS proposals regarding the NIW?
-225 I have filed an application for change of status. I have a non-immigrant visa [e.g. H-1B] which will expire next week. Most likely I will not be called for my GC interview before next week. Should I file for an extension of my non-immigrant visa [e.g. extension of H-1B visa] ?
You should immediately obtain employment authorization. INS ...
-226 What are the various categories of "Preferences" ?
-227 What is the waiting period for such cases [2A category]?
As of October ...
-228 And, I had heard that there was a bill up for vote. Do you have any information on this?
The proposed special nonimmigrant
-229 What is the time-frame to get a GC if the spouse is an U.S. citizen?
You will get a temporary green card as soon as you ...
-230 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?
NO, the petition is automatically moved from category 2A (...
-231 Can GC holders sponsor for their parents GC?
US GC holder can *only* sponsor his/her spouse and unmarried children....
-232 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?"
You may NOT file an I-130 (Petition for Alien Relative) ...
-233 What does "current" mean?
-234 What are the benefits/restrictions of a U.S. Permanent Resident?
-235 Can I travel abroad?
Yes. You can travel outside the United States. When you travel, you must,...
-236 Do I have to register with Selective Service?
If you are a male over 17 but under 26, you must register with ...
-237 Do I have other responsibilities?
Yes. Be sure to,...
-238 If I am a permanent resident, can I get public benefits?
You can get many public benefits. These include,...
-239 Is it safe to get public benefits?
If you or your family members get public benefit, it will not affect ...
-240 Why should I become a U.S. citizen?
If you are a U.S. citizen, you will be able to,...
-241 Do I need to be a permanent resident to get Social Security benefits?
You do not have to be a permanent resident (or any kind of resident)...
-242 What are the current requirements of your stay in US to be able to retain the Green Card.
There is NO guaranteed way a person can retain their green card,...
-243 How do I maintain my Green Card if I am traveling abroad for an extendedperiod of time.
-244 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.
There is NO prescribed time limit. There are a couple of ...
-245 Please discuss the consequences, immediately after obtaining immigration (meaning within a day or two).
-246 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.)
You may have a problem....
-247 Can a Permanent Resident Visa be revoked for any of the above stated reasons?
-248 Under what circumstances can a Permanent Resident Visa be revoked.
Lots of circumstances: criminal convictions being the foremost;...
-249 What should I do if I don't have my birth certificate?
-250 Do permanent residents need to apply for a visitors visa to visit Canada?
-251 Doesn't the new adjustment of status provision in the INS Fiscal Year 1995 Appropriations Act create another amnesty program for illegal immigrants?
Absolutely not. An individual who entered, worked or remained in ...
-252 Why was this provision added to the Appropriations Act?
It will help reduce the visa issuance workload at U.S. ...
-253 Aren't you making it easier for foreign nationals who came here illegally to obtain green cards?
No, eligibility requirements for a green card and permanent ...
-254 Specifically what types of foreign nationals are affected by this new provision?
There are six groups, as of Oct. 1 1994, who will have the ...
-255 Is there an estimate of how many such foreign nationals are eligible to apply for permanent resident status?
INS anticipates that, in Fiscal year 1995, approximately 100,...
-256 Are all aliens in the United States who are out of status now eligible to apply for adjustment of status to permanent residence?
Yes. All aliens who entered the United States without ...
-257 Do priority dates still matter? Can aliens, regardless of priority dates, now immediately apply for adjustment of status?
All immigrant applicants (whether applying at INS offices or abroad)...
-258 I ( US Citizen) need to petition for a US greencard for my parents who are right now in Venezuela.
Once the application step is begun, is it TRUE that parents ...
-259 Do I have to replace my Green Card?
FACT SHEET FROM ...
-260 How do I know if I need to replace my Green Card:
-261 Will I lose my permanent resident status or will I be penalized if I havenot yet applied for the new I-551 Green Card?
-262 If I apply now, where do I go to apply and how long will it be before Ireceive my new Green Card?
-263 What if I cannot afford the application fee, or I am ill or disabledand cannot go to my local INS office?
-264 Do I have an alternative to applying for a new Green Card?
-265 If I am about to apply for a new Green Card or if I have alreadyapplied for my replacement Green Card or for citizenship what can I use tomaintain proof of permanent resident status until I receive my new GreenCard or until I become a US citizen?
-266 After March 20, 1996, what will happen if I present an old Form I-151Green Card when I try to reenter the United States after traveling abroad,or when I obtain a new job, or when I apply for entitlement benefits?
Reentry into the United States from abroad: To the extent possible, ...
-267 Provide Info about the GC lottery Diversity Visa Lottery 1998(DV-98)
-268 What is the time-frame to get U.S. citizenship if the spouse is an U.S. citizen?
The spouse of a US citizen gets a CONDITIONAL green card
-269 Who can apply for U.S. citizenship?
Persons who are 18 years of age or older, who are ...
-270 When can I apply for U.S. citizenship?
Five years from the date of entry as a lawful permanent resident....
-271 What are the requirements for U.S. Citizenship?
There are four main requirements that must be met by every applicant....
-272 Under what conditions can I be denied U.S. citizenship?
(a) If you advocate or if you are a member of any ...
-273 Can citizenship once granted be revoked?
You bet....
-274 Under what conditions can my citizenship be revoked?
If your behavior is not well disposed to the good order and ...
-275 Where can I get some information on dual citizenship?
http://yank.kitchener.on.ca/~richw/dualcit....
-276 Dual Citizenship: Dual Nationality
The concept of dual nationality means that a person is a citizen of ...
-277 Dual Citizenship: FAM09-42.32(a) FIRST PREFERENCE - PRIORITY WORKERS (1) Entitlement to Status
(TL:VISA-48; 10-1-91)...
-278 Dual Citizenship: FAM09-42.32(A) - Notes Employment-Based FirstPreference Immigrants
N1 Defining
-279 Dual Citizenship: FAM09-42.32(B) Second Preference - Professionals With Advanced Degrees Or Persons Of Exceptional Ability
(1) Entitlement to ...
-280 Dual Citizenship: FAM09-42.32(b) - Notes Employment-Based SecondPreference Immigrants
N1 Professionals Holding Advanced Degrees (TL:VISA-54; 2-28-92)...
-281 Dual Citizenship: FAM09-42.32(C) Third Preference - SkilledWorkers, Professionals, Other Workers
(1) Entitlement to ...
-282 Dual Citizenship: FAM09-42.32(C) - Notes Employment-Based ThirdPreference Immigrants
N1 Defining









TOP
previous page: Hong Kong FAQ
  
page up: Travel and Living around the Globe
  
next page: Canada immigration FAQ