Archive-name: us-visa-faq/part3 Last-Modified: May 30, 1994 Currently, the alt.visa.us FAQ is maintained by B.G. Mahesh [mahesh@evb.com] Many FAQs, including this one, are available via FTP on the archive site rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this faq is /pub/usenet/news.answers/us-visa-faq/part3. To get the FAQ by E-mail, you should send a message to mail-server@rtfm.mit.edu with send usenet/news.answers/us-visa-faq/part3 in the body of the message. Please see part1 of this faq for standard disclaimers. Questions marked with a + indicate questions new to this issue; those with significant changes of content since the last issue are marked by *: H visa ------ Q. Do I need to hire a lawyer for H-1B/GC? A: [from B.G. Mahesh, mahesh@evb.com] Getting your H-1B should be pretty straight forward but now a days things are getting tough. One needs to know the various rules/laws of immigration. One must be ready to devote a lot of their personal time to get a H-1B/GC on their own. In a nutshell, if you or your employer can afford a lawyer hire a lawyer. Q. How much does it cost to hire a lawyer for a H-1B visa? A: [from B.G. Mahesh, mahesh@evb.com] Anywhere between $800-$1500. I have known people hiring lawyers for just $800 and having a TOUGH time getting their H-1B visa because the lawyer was not very good. This doesn't mean all lawyers charging less than $1000 are bad and the ones charging > $1000 are good :-) Q. Does the lawyer need to reside in the same city/state where I live? A: [from B.G. Mahesh, mahesh@evb.com] NO! Most of the work is done by phone/fax [and email in few cases :-) ] So it doesn't make a big difference where the lawyer resides unless you are expecting complications which may require you to meet the lawyer personally. Q. What forms are needed for H-1B visa and where can I get it? A: [from Philip.Tong] Form I-129H. You can get it from your INS office. Q. Can I get a H-1B visa for a part time job? A: [from Rajiv S. Khanna, rskhanna@immigration.com] Yes. Q. Having H-1B visa with one company, can I work some where else also, like part time job ? A: [from Rajiv S. Khanna, rskhanna@immigration.com] You will have to get another H visa for the second employers. Note, you can simultaneously hold more than one H visas. Q. During the process of H-1B visa, suppose if I get a better job what happens ? A: [from Rajiv S. Khanna, rskhanna@immigration.com] Apply for a new H-1B Q. Should I wait for my H-1B approval before I join the new job? A: [this question is related to the previous question ] [from Rajiv S. Khanna, rskhanna@immigration.com] You must wait to get the second H-1B approved. H visas are employer specific. 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 ? A: [from Rajiv S. Khanna, rskhanna@immigration.com] Yes you will, but you do have to get a new H-1B classification. 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 ? A: [from Rajiv S. Khanna, rskhanna@immigration.com] Yes, you will now need an LCA. Q. How many days/weeks/months does it take to get a H-1B? A: [from B.G. Mahesh, mahesh@evb.com] This depends on the state you reside. Generally after your LC, it should about 2-4 weeks to get your H-1B visa. +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? A: [From many on the net] No, you don't require the original H-1B document from your present employer to get a new H-1B. A xerox copy of the old H1 approval is sufficient(if at all needed) to file for a change of employer (Eventhough you have to go through the whole process of getting the first H1B approval). *Q. How much is the fee for H-1B, H4. A: [Praveen Goli, goli@txc.com] H-1B : $70.00 [add $80 if you are changing to H-1B from another visa] H4 : Q: I did not get a "Blue" form with my H-1B visa approval notice. Why? A: [from Rajiv S. Khanna, rskhanna@immigration.com] INS has started using a new "Notice of Action" form. H approvals used to arrive on blue forms. They will now be arriving on white forms with the bottom portion being an I-94 to be cut and retained by the foreign worker in question. Incidentally, the new form is called an I-797C. Q: If my company is bought by another company is my H-1B visa still valid? A: [from Rajiv S. Khanna, rskhanna@immigration.com] According to INS, if the successor company undertakes all rights, liabilities, assets and privileges of the previous employer - the H visas are valid even after the takeover. In simple English, get an opinion from a lawyer in writing. Otherwise, all H visa holders could be out of status. Q. Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico or Canada? A: [from Pramod S. Badjate, badjatep@agcs.com] Yes you can. But you should make sure that you don't turn in your I94 at the border while leaving US. Then you have to fill in a new I94 when you enter US by showing your VISA and old I94. Q. What documents are needed to get a multiple entry H-1B visa? A: [from Pramod S. Badjate, badjatep@agcs.com] 1. Passport with current I-94 2. H-1B approval form (* ORIGINAL*) 3. Copy of H-1B petetion form (I 129) Ask your company for this. It is very important because I know a friend who was turned down since he did not have this. 4. Copy of Form ETA 9035 or the Labour condition application that was filed by your company. Ask your company or lawyer if this was necessary in your case. If it was, take a copy of the document that was given to the INS. 5. Letter from my immediate supervisor stating that I work for him and may need to travel abroad for official purposes soon and hence be granted an H-1B visa. It was addressed to US consulate, Juarez. This was not asked for by the consulate official who interviewed me. 6. Company verification letter from Human resources giving details like job title, pay date of joining etc. 7. My appointment letter that I had got from Human resources. 8. Pay stubs or company ID. 9. $100 cash. 10. One Passport size photograph 11. Degree certificates [original + copy] [from Rajendran Manohar, rmanohar@jupiter.saic.com] I had called the American Embassy at Juarez last week, and they said I should come with attorney certified copies of my original H1B application, in addition to everything mentioned above. Q. What documents do I need for H4 visa when applying at US consulate ? A:[From Mahesh Kumar Bagade, c23mkb@kocrsv01.delcoelect.com] Necessary papers for your spouse's H-4 visa: 1) I-797 form (your H-1B working permit) : Original 2) Letter of employment from the company you work for with salary : Original 3) A Letter addressing Consulate in favour of your spouse visa: Original 4) Copy of first 5 pages of your passport. : Notarized (Make sure that you have the copy of the page with current valid visa.) 5) Copy of the Marriage certificate : Notarized 6) Bank statement [proof of money for supporting your spouse] 7) A couple of your paychecks would be a plus point. 9) Original passport of spouse 8) Finally a $100.00 fees for the visa process. Q: For how many months are the papers sent for H4 valid? A: [From Srinidhi Murthy, srinidhi@treasfs.sbi.com] The papers sent are valid as for atleast 2 months. Q: Documents for H4 have been sent. If I change jobs should I resend a fresh proof of employment from my new employer? A: [From Srinidhi Murthy, srinidhi@treasfs.sbi.com] In case of a new H1-B notification, it's better to submit the new H1-B notification and letter from new employer also as proof; there have been instances where the consulate has called the employer to verify claim of employment. In general, if the job switchover can wait, wait till the visa is issued Q: Can I renew my multiple-entry visa stamp by mail? A: [Compiled by Michael Carroll, br.mjc@rlg.stanford.edu] Yes, but note that this is only for renewal or reissuance, not for obtaining the first one, and note that this is for the visa stamp in your passport that relates to travel permission. Which types of visa can have stamps reissued in this way? The recording said E, H, I, L, O, and P. One netter said also A and G. First step: you have to obtain the form to fill out, by writing to: Department of State Visa Services Room 238A 2401 E Street N.W. Washington, D.C. Phone : (202) 663-1225. You need to say that you want your visa (stamp) reissued, and would like copies (specify how many) of the appropriate form, which I believe is Form OF-156. You must also enclose a stamped self-addressed envelope for them to send you the forms & instructions in. Second step: You should receive instructions along with the form. In summary, the things that need to be sent back to the above address are: 1) Your passport containing the stamp that's to be renewed; 2) The form they sent you (OF-156); 3) The original of your I-94, not a copy; 4) A copy of your petition approval (I-171C or I-797); 5) Letter from employer; 6) Another stamped self-addressed envelope with enough postage for the return of your passport (courier service could also be used). 7) A check for the renewal fee [for H1B fee is $100] Six weeks is the normal processing time, or to allow that long. Q: What are the different types of H-1 visas? A: [from Rajiv S. Khanna, rskhanna@immigration.com] An H-1B classification is temporary (three years, extendable for another three). People loosely refer to H-1B as H-1. So they are the same thing. The following variations exist within H-1: H-1A Registered Nurse H-1B1 Specialty Occupation (Professionals) H-1B2 U.S. Department of Defense special visas H-1B3 Artists, entertainers or fashion models of national or international acclaim H-1B4 Artists or Entertainers in unique or traditional art form H-1B5 Athletes H-1BS Essential support personnel for H-1B entertainer or athlete. +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? A: [From Rajiv S. Khanna, rskhanna@immigration.com] An LCA is a very abbreviated procedure. It is merely a one page form that is routinely certified by the department of labor within 7-10 days. The labor cert. is a much more complicated procedure that is not "routine." It requires a lot more time and effort. +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? A: [From Rajiv S. Khanna, rskhanna@immigration.com] No job ad is required for LCA. Only internal notices need to be posted by the employer. Additionally, within 24 hours of filing an LCA, the employer is required to maintain certain documentation within their own premises. +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? A: [From Rajiv S. Khanna, rskhanna@immigration.com] For H-1, a Bachelors degree in a narrowly defined subject area is sufficient. PhD has NO additional significance. For a labor cert., chances of success depend upon how many people can qualify for the job. If an ad is placed for a Bachelors degree, chances are a lot more people will apply than would for a job that require a PhD degree. Plaese remember, it is not advisable to tailor a job to suit your own needs. If the employer asks for restrictive requirements for the job, the department of labor will object to it. Also, the higher the qualifications, the bigger the salary must be. It is NOT true that ONLY advanced degrees have a good chance of success. There are a lot of variables that need to be considered. -- B.G. Mahesh | Email: mahesh@evb.com Software Engineer | mahesh@sett.com EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us -----cut here-----