1). CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 34) . . . . . 60 lines 2). CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 35) . . . . . 50 lines 3). CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 36) . . . . . 65 lines 4). CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 37) . . . . . 60 lines 5). CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 38) . . . . . 85 lines 6). CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 39) . . . . . 85 lines 7). CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 40) . . . . . 80 lines ------------------------------------------------------------------------- 1). CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 34) . . . . . 60 lines ------------------------------------------------------------------------- From: CND Q&A Editor Bo Xiong Date: Thu, 14 Feb 91 NOTE: All discussions on this column are for readers' information only, one should consult his/her lawyer or proper professionals before handling his/her own visa/job/legal matters. I. PRCers in EDD Status Travel Overseas --------------------------------------- Q: From ***@uclasp.igpp.ucla.edu Tue Feb 5 13:51:00 1991 I have a question about the foreign travel of Chinese in the EDD category (Extend Deferred Departure under the Bush'es/Attorney General's executive order). Basically, they are no longer in the regular legal status. The executive order allow them to stay until January 1, 1994. Their I-94 card is expired and a letter from INS shows they are in the EDD status. Can the people in this status travel to a third country (not mainland China) and then come back? If they can. Where and how to get the legal documents needed. A: If they still hold a valid passport, they may travel overseas (including PRC) and reenter US in the same status (EDD) with US Advance Parole. They need their form I-94 and the INS letter to verify their EDD status when applying advance parole (see CND Q&A No.32 for the procedure). If one does not have a valid passport, they might be able to travel overseas per Bush'es April 11, 1990 order (see CND Q&A No.3 for detail). II. PRCers with US PR & without PRC Passport Visit PRC ------------------------------------------------------ Q: From (Peng Wu) pwu@ai.mit.edu Fri Feb 8 01:28:17 1991 My friend recently got her green card and would like to visit her family as soon as possible. The problem is that her public affair passport has expired and she is having difficulties in changing it to a private affair passport, at best she may have to wait the new passport for three months. She heard that one can visit home (China) with only a valid US reentry permit (white book). She would like to know if anyone have actually did so. If so she would like to hear some advice. For instance, she would like to know how to fill the nationality entry in the reentry permit, i.e., whether one should enter PRC or NONE, how to get exit permit in China, etc. A: If an US PR has no valid foreign passport, he/she may return to US by using the Certificate to Return to the Unites States issued by US INS (White Book or Hui2 Mei3 Zheng4). White Book is a substitution for passport and an internationally recognized travel document. The nationality entry on the white book should be filled as one's home country (if he/she is a refugee/ asylum-seeker, "NON" may be used so that they can travel to some countries). A white book holder needs a PRC entry visa to visit PRC, some PRCers have done so, but the visa applications were handled case by case. The applicant of PRC origin will be questioned about why they don't use/have a valid PRC passport and etc.. They'll be treated as foreign travel document holders under current PRC Exit/ Entry Code, so exit permit is not required for them to leave PRC. *** Send your question to cnd-ep@bronze.ucs.indiana.edu *** Contact gxu@kentvm.bitnet for the back issues of CND-US ======================================================================== 73 ------------------------------------------------------------------------- 2). CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 35) . . . . . 50 lines ------------------------------------------------------------------------- From: CND Q&A Editor Bo Xiong Date: Thu, 14 Feb 91 NOTE: All discussions on this column are for readers' information only, one should consult his/her lawyer or proper professionals before handling his/her own visa/job/legal matters. I. Applying Foreign Visa in US without US I-94 ---------------------------------------------- Q: From several readers. I sent my IAP-66 along with form I-94 to US INS for extension and those forms haven't not been returned to me, but now I need to apply for a visa to Canada. The problem is that without I-94, Canadian consulate will not issue me a visa but I needed to go to Canada for an interview for a position. Is there anyway to get over the difficulty? A: Both Canada and Mexico have a treaty with US that allows aliens who have VALID US Form I-94 to reenter US from Canada and Mexico (border-crossing). That's why one does not have to turn in the I-94 card when leaving US for Canada or Mexico. So one can get an entry visa easier if he/she has a valid I-94. In your case, you may apply US advance parole (see CND Q&A No.32 for detail) first then apply Canadian visa (using US AD to substitute for I-94). Since your IAP-66/I-94 have been sent to US INS, you just need to ask them to pull those out of their file when you apply. II. Apply Renewal of F-1 Visa in Tawain --------------------------------------- Q: From ***@***.**.ee.vt.edu Mon Nov 12 13:47:31 1990 I left Taiwan ten years ago, but still have ROC's passport. In 1985, I got F-1 visa from Bolivia, South America (where my family is now) and came to U.S. for my bachelor degree. In 1989, I graduated from USL and contineous for my master degree in VPI. I plan to graduate in August, 1991. During spring break or Summer, I will go back to visit Taiwan, but my visa already expired in June, 1989. (I am still a legal F-1 visa student.) So if I go to Taiwan, I have to extend my visa in order to enter U.S.. Is there a problem to extend visa in Taiwan? A: Since your VISA STAMP has expired (sometimes US overseas consulates issue multi-entry F-1 visa stamps valid for several years to those applicants from "friendly countries" and the holders of such visa can re-enter US with valid Form I-20 without applying new F-1 visa), you have to apply a new visa to reenter US. There is a little possiblity that (acting) US consul in Taiwan will ask you to go back to the place where you permanently reside (where you was granted the original F-1 visa) for such a visa. *** Send your question to cnd-ep@bronze.ucs.indiana.edu *** Contact gxu@kentvm.bitnet for the back issues of CND-US ======================================================================== 86 ------------------------------------------------------------------------- 3). CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 36) . . . . . 65 lines ------------------------------------------------------------------------- From: CND Q&A Editor Bo Xiong Date: Thu, 14 Feb 91 NOTE: All discussions on this column are for readers' information only, one should consult his/her lawyer or proper professionals before handling his/her own visa/job/legal matters. I. Canadian PR Applies US PR ---------------------------- Q: From ****@pollux.GEOG.UCSB.EDU Sat Nov 24 09:43:09 1990 One of my friends has got Canadian PR this year and now returned to the US to continue his graduate studies. It is possible for him to apply for PR in the US later if he could find a job as he has already got the waiver of two year home-country-residence requirement. He asked that how he can apply for the PR in the US while he still keeps the Canadian PR, because it will usually take a couple of years to get American PR and nobody can guarantee it 100%. A: Yes, he may apply US PR later on. If he was born in PRC (no matter what nationality he will be then), he will have to follow the same procedure as most Chinese students here do. The only concern is that, if Canadian authority is aware of his intent to emigrate (it's not necessary that he has got US PR, though), his Canadian PR may be revoked. If he becomes Canadian citizen at that time, there will be no trouble for him anyway. However, he has to do this before January 1, 1994. Please see the reference in CND Q&A No.16 Item 1, and CND Q&A No.24 and No.29 for detail. II. PRC J-1er Came from Japan after April 11, 1990 -------------------------------------------------- Q: From *****@SSCvax.CIS.McMaster.CA Fri, 7 Dec 90 10:59:00 EST My friend obtained his J-1 visa from Japan recntly and he obtains some kind of finacial support from Japan. Q1: If the two-year rule applies to him, should this mean China or Japan. Q2: If this two year rule apply and it means he should return to Japan for two year but Japanese Goverment don't want him to be back, can he be exempted from two years rule. A: Most probably, he is subject to the two-year home country residence requirement per US immigraion law. The two-year rule requires the J-1er to live in his/her permanent residing place/country for at least two years before being granted US immigrant visa, this could be PRC or Japan (if he were a PR in Japan). In your friend's case, he is obviously not a PR in Japan, so he may be subject to living in PRC for two years. III. Is PRC Passport Required to Be Naturatlized in Another Country? -------------------------------------------------------------------- Q: From: ****@BL******.BITNET Fri, 23 Nov 90 11:41:14 A friend of mine is a Belgium PR holder and is applying for passport in another European country. The question is if he should necessarily keep a valid PRC passport during the process, and if so, how can he get possible extention of his PRC passport from the Chinese embassy ? A: In many countries, it's required that a person be physically present in the country (for certain amount of time) before the person can be naturalized. So, if the person is outside that country, he/she probably needs a valid passport to enter the country most of time. As for how to get PRC passport extended, please see previous CND Q&A for details. *** Send your question to cnd-ep@bronze.ucs.indiana.edu *** Contact gxu@kentvm.bitnet for the back issues of CND-US ======================================================================== 84 ------------------------------------------------------------------------- 4). CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 37) . . . . . 60 lines ------------------------------------------------------------------------- From: CND Q&A Editor Bo Xiong Date: Thu, 14 Feb 91 NOTE: All discussions on this column are for readers' information only, one should consult his/her lawyer or proper professionals before handling his/her own visa/job/legal matters. I. PRC Passport Holder Who Was Not Born in PRC Avails of Bush'es Order ---------------------------------------------------------------------- Q: From ***@cyberia.uah.edu Fri, 30 Nov 90 12:18:01 CDT My younger sister is not borned in China. Since the law of China is that unless either one of your parents is a foreign citizen, the children remain a Chinese citizen. It is a coincidence that the law of the Philippines is that unless one of your parents is a Filipino citizen, you shall carry the same nationality of either one of your parents. She came here to the United States since Sept 1989 on a F1 with a PRC passport. She never resides permanently in China, although she has been in and out of China before she came to the United States. Can she avail of the President Bush'es for safe heaven until 1994 if she loses her graduate assistantship and has to stop for work for a while? Her passport is issued by the PRC Embassy in the Philippines. A: She may claim the benefits for PRCers offered in Bush'es order as long as she is eligible. In US INS eyes, anyone who bears PRC passport, no matter where the passport is issued, is PRC citizen. II. How to Correct One's Own Birth Date --------------------------------------- Q: From: ****@UCLASSCF.BITNET Wed, 26 Dec 90 14:04:52 PDT According to the information obtained from earlier CND edition, my sister is getting her birth certificate. However, her birth year on her certificate does not match the one on her passport, because her age on household registration book (hu4 kou3 ben3) was changed in order to send her to school earlier. Can she change her age here according to the birth certificate? How? A: She has to contact her area PRC consulate to have the birth date corrected on her PRC passport, it's a troublesome process since she needs to provide some supporting materials from local authorities in China. However, US INS will recognize the birth date on the notaried certificate in the final immigration interview. III. How to Change One's Own Name Lawfully ------------------------------------------ Q: From *****@**.****.vims.edu Fri Nov 23 08:48:59 1990 How can one change his/her name leagally? If he is a PRCer (single or married)? What procedures needs need to go through in USA? A: If you want to change the name on your passport, you should follow the procedure described in above item II. If you just want to change your name here in the US, you may change it: 1) when you apply for Social Security Card, 2) in the final stage of PR application or 3) when you apply for US citizenship, if you choose to do any of those. And, you can also contact a lawyer who may help you to change name lawfully in the US. *** Send your question to cnd-ep@bronze.ucs.indiana.edu *** Contact gxu@kentvm.bitnet for the back issues of CND-US ======================================================================== 110 5). CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 38) . . . . . 85 lines ------------------------------------------------------------------------- ------------------------------------------------------------------------- From: CND Q&A Editor Bo Xiong Date: Sat, 23 Feb 91 NOTE: All discussions on this column are for readers' information only, one should consult his/her lawyer or proper professionals before handling his/her own visa/job/legal matters. I. Practical Training Time and Working under Bush's Order --------------------------------------------------------- Q: From ***@iscsvax.uni.edu Fri Dec 7 15:09:07 1990 As a F-1 holder, I was granted by INS a off-campus employement authorization because of President Order. My question is whether INS will deduct my practice training time if I work full-time off-campus in my major area during the summer. A: The answer is NO as long as you do not apply the summer work permit for pre-complettion practical training from your foreign student advisor. F-1 students have 12 months PT time after completion and 12 months before completion, the latter can be spent in Summers in aggregate and/or after completing major courses in the study (check with your school for detail). II. New Visa Status for F-1er Who Got A Job ------------------------------------------- Q: From ***@UNCG.BITNET> Mon Feb 18 09:42:16 1991 My friend is a F-1 holder and has got work permission which allows him to work till 1-1-94. Now, he has found a job. The questions are: 1. Does he still need to apply for the practical training? 2. Does he need to apply for H-1? 3. Can he start to apply for the labor certificate and green card now? P.S. He is not in EDD status and still hold a valid F-1 visa. A: 1. & 2. Since he is still in F-1 status, the work permit he holds only allows him to work up to 20 hours/week during a academic year and work full time during breaks. So, to take a full time job without attending classes and to saty outside EDD status, he needs to apply for practical training under F-1 or switch to H-1. 3. It is suggested that one starts the PR application procedure after getting into H-1 status, see CND-US Job Hunting/Visa Series No.1 (Sept., 1990 and several previous issues of CND Q&A for detail discussions. III. F-1er Training/Working in Japan and Reentering US on H-1? -------------------------------------------------------------- Q: From ***@UKCC.uky.edu> Mon Feb 18 14:19:23 1991 I graduated in last December with a M.S. in Mechanical Engineering. I am looking for a job and was called for a interview by a company last week. The candidates are expected to be willing to train in Japan for six months after employed. Then they come back US to be decided if they need another six month training in Japan. The compensation during training is $800-$1000. If I am employed, I have two ways to go. 1. I can still use my practical training time and keep F-1 status to go to Japan, and apply for H-1 visa later. (Maybe apply it during my training in Japan, maybe apply it after I come back U.S.) 2. I apply for H-1 visa first before I go to Japan. My question is which way is better? Is there any difficulty to reenter U.S. with either F-1 or H-1 status. Is it possible to apply for Advance Parole. Any problem can you predict? A: 1. The practical training time is for foreign student to work IN the US before or after completeion of their studies, if you leave US after graduation, your F-1 status will expire and you have to apply a new visa to re-enter US. See CND Q&A No.5 and No. 30 for the procedure to apply H-1 from overseas and under new immigration law. 2. You may switch to H-1 before you go to Japan, but if you plan to stay Japan for a long time (over several months), INS will unlikely issue you an advance parole because you will have enough time to apply a new entry visa from US consulate in Japan. IV. Apply US PR while Working in Alien-owned Companies in the US ---------------------------------------------------------------- Q: From ***@***.tamu.edu Mon Nov 12 12:00:50 1990 If one gets a job offer from a company owened by a foreign country, say, Honda America Inc., can the employer sponsor his/her H-1 and AEC application? If yes, is there any disadvantage when one applys PR compared with those who are employed by American companies? A: Per US immigration law, if an employer does its business permanently in the territory of the Unites States, the employer is eligible to sponsor alien workers for H-1, AEC and PR. As long as the alien-owned company is not any kind of "briefcase company", there should be no disadvantages. *** Send your question to cnd-ep@bronze.ucs.indiana.edu *** Contact gxu@kentvm.bitnet for the back issues of CND-US ======================================================================== 107 ------------------------------------------------------------------------- 6). CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 39) . . . . . 85 lines ------------------------------------------------------------------------- From: CND Q&A Editor Bo Xiong Date: Sat, 23 Feb 91 NOTE: All discussions on this column are for readers' information only, one should consult his/her lawyer or proper professionals before handling his/her own visa/job/legal matters. I. What to Do If B-2 Expired? What If A B-2er Has Work Permit ------------------------------------------------------------- Q-1: From **@***.uic.edu Mon Dec 31 19:53:55 1990 My mother-in-law came to the US in December 1989 with B-2 visa. Due to my ignorance, her visa expires in December 1990 after one time of extension. What should I do for her if I want to keep her staying with us in the coming year? A: You may apply Extended Enforced Departure (EED) from US INS for her under Bush'd April 11, 1990 order since she is eligible for it and she will be able to saty here legally till January 1, 1994 Q-2: From ***@***.uh.edu Fri Jan 4 17:03:51 1991 My mother has been here for about 2 years now on B visiting VISA which has been extended for several times. Recently, she got an employment authorization from INS. Can employment authoriztion entitle here in legal state without applying further VISA extension? A: Since B-2 usually cannot be extended to the third year (even not into second year in many cases), she is unlikely to get another extension without switching to another visa status or applying for EED. The work permit was issued to her under Bush's order that cannot be a proof of her lawful visa status in the US without applying EED. II. J-1er Got Two-year Waiver and Works Overseas ------------------------------------------------ Q: From ***@***.dartmouth.edu Fri Nov 23 13:52:41 1990 I am a J1-er came to the States in 1988. I have got the two-year-waiver from the US INS. Now I got a job offer in UK where I got my Ph.D in 1983. What would be my status when I come back to US after the two years, if my wife who is a J1-er too and came to US in 1989 is staying in US? May I keep the advantage to entering US before April 1990? A: You have to have a visa status other than J-1 to validate the waiver (see CND Q&A No. 29) before you leave US. The only advantage for PRCers to reenter US is that they can apply for US Advance Parole, but you have to apply a new visa to re-enter US if you stay too long outside US (see CND Q&A No.38). III. PRC Retiree Staying in the US Got Annuity Suspended -------------------------------------------------------- Q: From ***@***.radiology.arizona.edu Thu Nov 15 02:24:08 1990 I have two questions concerning a retired PRCer visiting her children (both of them are PRCers with F-1 visa) here in U.S. 1). Her retirement salary had been stopped after the first year she stayed in U.S. And the head of her former working unit told her husband that if she fail to come back within the second year, the unpaid retirement salary will never be reimbursed, and there won't be any retirement salary after the second year she stays aboard until she goes back, or gets a permenant foreige residencey (presumably, a PR). They claimed that it was according to a central government policy in 1983 (Zhong1 Yang1 Wen2 Jian4 Gui1 Ding4). She called PRC consulate in LA and was told they were unaware of such a policy. She has also found out a few people with similar situations like hers do not suffer the same consequences and still get the monthly retirement salary. She would like to know if there exists a policy concerning a retired person visiting his/her children aboard and where she can find out more about it. 2). She holds a B-2 visa which has been extented for 3 times. What is the chance for her to get an advanced parole for a brief trip to China? A: 1) The answer from PRC LA consulate is correct, there is no such a policy. The only thing her domestic unit shold ask for is a letter from PRC LA consulate to verify that the payee is still alive (every six months). She may hire a lawyer in China to correct the situation and ask for reparation for the suspesion of her annuity. 2) Yes, she can. See above item I and CND Q&A No.34 for detail. *** Send your question to cnd-ep@bronze.ucs.indiana.edu *** Contact gxu@kentvm.bitnet for the back issues of CND-US ======================================================================== 99 ------------------------------------------------------------------------- 7). CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 40) . . . . . 80 lines ------------------------------------------------------------------------- From: CND Q&A Editor Bo Xiong Date: Sat, 23 Feb 91 NOTE: All discussions on this column are for readers' information only, one should consult his/her lawyer or proper professionals before handling his/her own visa/job/legal matters. I. F-2 and Work Permit ---------------------- Q: From ***@MCOIARC.BITNET Wed Nov 14 12:50:26 1990 I am asking this for a friend who doesn't have access to e-mail. My friend's wife just arrived from Mainland with F2 status a week ago. The question he asked is: Is F2 eligible to work on campus? Certainly his wife is not covered by Bush's executive order. A: No, a F-2er generally connot work anywhere unless a work permit is granted by US INS in some very special circumstances. II. J-2er Entering US after 04-11-90 To Change to F-2 and Work -------------------------------------------------------------- Q: From ***@gamera.usc.edu Wed Jan 2 18:50:25 1991 I'm a J-1 student and came to US before April 11, 1990. My wife came here after April 11 on J-2. To my understanding, if I changed to F-1 my wife would lose her working permit with the change to F-2, but a lot of friends of mine told me that my wife would be granted working permit because I was here before April 11. I really got confused. Can you clarify it for me? A: Your wife is covered by Bush's order in terms of two-year waiver since you, the principal J-1er, are covered. But it's unclear that whether or not such F-2ers are officially entitled to get work permit, though some of them did get the permit from their local INS district offices. III. F-1er Working on & out of Campus ------------------------------------- Q: From ***@jupiter.nmt.edu Sun Feb 17 15:19:21 1991 I came to the states in August 1990 (F-1), and my wife came here in Jan. 1991 (F-2). Could you tell me how to apply for work permission? Since we are studying on computer science and want to find some job this summer. A: F-2er generally cannot work as discussed above. F-1er may work on campus half time during academic year and full time in summer; If a F-1er works in Summer out of campus, he/she will have to consume his/her pre-completion practical training time (12 months in aggregate). You can contact your foreign student advisor for such a work authorization. IV. F-2er Entering US after 04-11-90 Applies Work Permit/H-1 ------------------------------------------------------------ Q: From ***@das.harvard.edu Tue Feb 12 16:51:25 1991 Two questions. 1) Can an F-2 holder who will come this year get a work permit under Bush's executive order? If not, 2) how long does it take to change from F-2 to H-1 provided that there is an employer who will sponsor H-1? A: 1) See above items I and II. 2) It varies from area to area and depends on how busy your INS Regional office is, in general, it takes three to six weeks. V. F-2er Applying for Social Security Number -------------------------------------------- Q: From ****@ecs.umass.edu Sat Feb 2 12:02:05 1991 I'm a new comer who arrived US after April 11, 1990. My wife hold a F-2 visa. Recently she applied for a Social Security Number but was rejected. The reason is that if she does not want to work, she needs not to apply for a SSN, whereas if she wants to work she should apply work permit first. As to my knowledge, F-2er is not allowed to work except those from PRC who came here before April 11 so I'm confused about that. In one word, the question is: 'How can I apply for a work permit/job if I came here after April 11, 1990? A: See above item I&II for work permit application. If a F-2er has non-work related but taxable income US, such as dividend from stocks or investment, he/she may be granted a SSN if IRS is made aware of this situation. *** Send your question to cnd-ep@bronze.ucs.indiana.edu *** Contact gxu@kentvm.bitnet for the back issues of CND-US