Archive-name: us-visa-faq/part1
Last-Modified: May 2, 1995

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 
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.

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 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@netcom.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, EXCEPT 
FOR THE QUESTIONS THAT WE HAVE ANSWERED.  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.  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?

-----------------------------------------------------------------

Archive-name: us-visa-faq/part2
Last-Modified: May 2, 1995

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/part2. 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/part2
in the body of the message.

Please see part1 of this faq for standard disclaimers.

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

Individuals are encouraged to submit corrections, questions and answers 
to rskhanna@netcom.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, except 
for the questions that we have answered.  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."

Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                      General
                      -------

Q. What is this FAQ about?
A: [from B.G. Mahesh, mahesh@mahesh.com]
   This FAQ has some information about J1, H-1B, Green card and other visas.  
   
Q: Is their a internet site from which I can download any info 
    regarding immigration?

A:  PS: If you have any questions about gopher and anonymous ftp
        PLEASE don't ask me.  Ask on news.newusers.questions 
        and/or alt.gopher
    
    [ from Ravinder Bhumbla, rbhumbla@UCSD.EDU] 
    NAFSA (the association of international educators) regularly 
    sends out updates about changes in immigration laws to its 
    mailing list, inter-l@vtvm1.cc.vt.edu (you can subscribe by sending 
    mail to listserv@vtvm1.cc.vt.edu).  An archive of these updates 
    (which may be useful to you) is accessible by gopher at the 
    following place:

    Name=NAFSA Updates (Federal Regulations)
    Type=1
    Port=70
    Path=1/ON/INTERNATIONAL/ln38nafsa
    Host=yuma.ACNS.ColoState.EDU

    For the more *advanced* users..i.e. Mosaic users :-)

    gopher://yuma.acns.colostate.edu/11/ON/INTERNATIONAL/ln38nafsa

    [from B.G. Mahesh, mahesh@mahesh.com]
    Look into ftp.cs.umd.edu:/pub/cyrillic/us_visas/*
    Login as anonymous. If you don't know how to ftp please get some local
    help.

*   [from Rajiv S. Khanna, rskhanna@access.digex.net]
    The following documents are available by anonymous ftp on 
    ft.netcom.com.  The documents are found in directory 
    "/pub/rs/rskhanna" and indexed as follows:
 
          DV1Proposed    F-1M-1Visas     K-VisasforFiance
          E-1E-2Visas    H-UsageFor1994  VisaBulletin
  
    Files are updated new info on almost daily basis (if there is any 
    new info that needs posting).  Please let me have your 
    comments/suggestions on how to improve the information.                   

Q. Are there any books regarding Immigration?
A: 
   [from Alberto Molina, alberto@cybernet.cse.fau.edu]
   Name: Immigration Procedures Handbook
   Publisher: Clark, Boardman & Callaghan
   Address: 155 Pfingsten Road
            Deerfield, IL 60015-4998
   Phone: 1-800-323-1336
   Cost: $145 + 6.5 percent S&H + state tax

   [from Eiji Hirai, hirai@cc.swarthmore.edu ]
   The Rights of Aliens and Refugees: 
      The Basic ACLU Guide to Alien and
      Refugee Rights_, 2nd edition, 
   by David Carliner, et al.   Price : $7.95 + S&H

   You can  ordered it from
        ACLU Dept L.
        P.O. Box 794
        Medford, NY 11763

   "Labor Certification Handbook -
       Companion Volume To:  Immigration Procedures Handbook"
       by  Austin T. Fragomen,  Steven C, Bell
       Clark Boardman Callghan,  NY 1992

Q: What does XX non-immigrant visa mean?
A: [from many-many on the net!]
 
    -----------------------------------------------------------------------
    |  Visa Type  | Dependant Visa |          Description                 |
    -----------------------------------------------------------------------
    |   A         |                |  Diplomat                            |
    |             |                |  Foreign Government Officials        |
    ----------------------------------------------------------------------|
    |   B-1       |                | Visitor's visa [Business]            |
    ----------------------------------------------------------------------|
    |   B-2       |                | Visitor's visa [pleasure/tourist]    |
    ----------------------------------------------------------------------|
    |   C         |                | Aliens in Transit Visa               |
    ----------------------------------------------------------------------|
    |   D         |                | Crewman                              |
    ----------------------------------------------------------------------|
    |   E1        |                | Treaty Trader                        |
    ----------------------------------------------------------------------|
    |   E2        |                | Treaty Investor                      |
    ----------------------------------------------------------------------|
    |   F1        |  F2            |  Foreign Student Visa,               |
    |             |                |  Dependant cannot work               |
    ----------------------------------------------------------------------|
    |   G         |                | International Organization Employee  |
    ----------------------------------------------------------------------|
    |   H-1B      |  H4            | Work Permit [Temporary Worker]       |
    |             |                | Dependant cannot work                |
    ----------------------------------------------------------------------|
    |   I         |                | Foreign Information Media[Journalist]| 
    ----------------------------------------------------------------------|
    |   J1        |  J2            | Exchange visitor/scholar/post-doc.   |
    |             |                | Student can work off-campus if       | 
    |             |                | International Student Office gives a |
    |             |                | letter of authorization. May be      |
    |             |                | subjected to 2 year presence in the  |
    |             |                | home country requirement.            |
    |             |                | Dependant can work but needs to get  |
    |             |                | needs to get the permission from INS |
    -----------------------------------------------------------------------
    |   K1        |  K2            | K1 - for direct fiancee of US citizen|
    |             |                | K2 - for children of fiancee         |
    -----------------------------------------------------------------------
    |   L-1       |  L-2           | Intra-Company Transferee             |
    |             |                | See L1 Visa section of this FAQ for  |
    |             |                | more details                         |
    -----------------------------------------------------------------------
    |   M         |                | Vocational Student                   |
    ----------------------------------------------------------------------|
    |   N         |                | Parents of certain Special Immigrants|
    |             |                | special immigrant status             |
    |             |                | (retired officers/employees          |
    |             |                | previously accorded G-4 visa status) |
    ----------------------------------------------------------------------|
    |   O         |                | aliens of extraordinary ability in   |
    |             |                | the sciences, arts, education,       |
    |             |                | business, or athletics               |
    ----------------------------------------------------------------------|
    |   P1        |  P2            | Renowned artists, entertainers and   |
    |             |                | athletes coming for internationally  |
    |             |                | recognized or culturally unique      |
    |             |                | performances                         |
    -----------------------------------------------------------------------
    |   Q         |                | Participants in international        |
    |             |                | cultural exchange programs which     |
    |             |                | provide practical training,          |
    |             |                | employment and which involve the     |
    |             |                | sharing of history, culture          |
    |             |                | traditions of the applicant's country|
    -----------------------------------------------------------------------
    |   R         |                | Certain religious workers            |
    -----------------------------------------------------------------------
    |   NATO      |                | Representatives and staff of member  |
    |             |                | states to NATO                       |
    -----------------------------------------------------------------------

*Q. Are there any lawyers who can be reached by email?
A:  [from B.G. Mahesh, mahesh@mahesh.com]

    Rajiv S. Khanna
    LAW OFFICES OF RAJIV S. KHANNA   
    1129 20th Street, NW, Suite 400  
    Washington, DC 20036-3403
    Voice: (202) 466-2113
    Email: rskhanna@immigration.com

    Gregory Siskind 
    Attorney at Law 
    Euclid Court Building 
    110 30th Avenue North, Suite 1 
    Nashville TN 37203    
    Voice: 615/320-9109 Fax: 615/320-5681 
    Email: gsiskind@telalink.net
     
    Cynthia D. Ryan
    305 Broadway - Suite 301
    New York, NY 10007
    Tel/Fax: (212) 349-7708
    Email: cdratty@aol.com

    Sidney J. Wartel, P.E., Jur. Dr.
    Davis, Malm & D'Agostine
    One Boston Place
    Boston, MA. 02108
    Voice : (617) 367-2500
    Email: swartel@lynx.dac.neu.edu

Q: Are there any mailing lists?
A:  [from B.G. Mahesh, mahesh@mahesh.com]
    
    o Send mail to rskhanna@immigration.com asking him to
      add you to his visa bulletin mailing list. 

    o An electronic newsletter that includes information on developments 
      in immigration law, the State Departments visa bulletin numbers, 
      INS Service Center Processing reports and answers to questions 
      subscribers may pose.  There is no fee to subscribers and all 
      parties interested should email me at Gsiskind@aol.com

Q: How to select an immigration lawyer?
A: [Muralidhar Rangaswamy, RANGASWAMY@plh.af.mil]
   Please treat this as my $0.02 worth on the subject of picking 
   an immigration lawyer. While there is no hard and fast rule on 
   determining whether an immigration lawyer is good or not, the 
   following points would be worthwhile considering in the selection process.

   (1) Check to see if the lawyer is a member of the American 
       Immigration Lawyers Association (AILA).

   (2) Also check if the lawyer holds an important position in the 
       local or state bar association's immigration committee.

   (3) Look up the yellow pages of your phone book to obtain the tel# 
       of free attorney referral services. Call them and ask for an 
       opinion about the attorney you are considering.

   (4) Make sure that there are no restraining orders from the supreme 
       judicial court that prohibits the attorney from practising.

   (5) Check prior experiences of the attorney with cases similar to that of 
       yours. In particular, find out if the attorney has been successful 
       in the past.

   (6) Finally, in your first consultation with the lawyer, feel free to 
       bring up all questions and details pertaining to your case (this 
       includes legal fees, processing time etc).

   (7) Check with the better business bureau (BBB) in your city about the law
       firm of the lawyer you are considering. The BBB maintains a record of
       all businesses in a given city and reports to you whether the business 
       in question has been involved in unfair business practices (over the 
       past 3 years).

   (1)-(7) are issues that must necessarily be considered but are 
   not sufficient. 

   These are merely guidelines for choosing an immigration attorney. 
   These are by no means comprehensive. Please feel free to add your 
   suggestions or comments to the above list.

Q. Is there a list of "recommended lawyers" ?
A:  [from B.G. Mahesh, mahesh@mahesh.com]
    Rajiv S. Khanna
    LAW OFFICES OF RAJIV S. KHANNA   
    1129 20th Street, NW, Suite 400  
    Washington, DC 20036-3403
    Phone : 202-466-2113
    Fax   : 202-785-1741
    Email : rskhanna@access.digex.net

    [from Th. Bullinger, thomas@idx.kodak.com]
    Santosh Pawar
    1000 East Ave.
    Rochester, NY 14607
    Phone : 716-461-4074

    [from Alberto, alberto@cybernet.cse.fau.edu]
    The Law Offices of Ronald Freeman in NYC, 
    specifically Jenny Nieves at that office.  
    Their phone number is 800-522-5275.

    [from hirai@cc.swarthmore.edu]
    Peter T. Baumann, Karren A. DeSeve, Jon Landau
    437 Chestnut St.
    Suite 905
    Philadelphia, PA 19106
    Phone : 215-925-0705

    [from Kannan Varadhan, kannan@catarina.usc.edu]
    Ms. Deborah Youtsey
    Bartlett and Weigle Co. LPA
    432, Walnut Street, Cuite 1100,
    Cincinnati, OH 45202.
    Phone : 513 241 3992
    Fax   : 513 241 1816 

    [From Rob Lingelbach, rob@xyzoom.info.com]
    Steven W. Blalock  (Blalock and Gray)
    11726 San Vicente Blvd  #650
    Los Angeles, CA  90049
    Phone : 310 447 5665

    [from Muralidhar Rangaswamy, mrangasw@cat.syr.edu]
    Steven A. Clark
    Flynn & Clark P.C.,
    One Main Street, P.O. Box 25, Cambridge, MA 02142.
    Phone : (617)-354-1550 
    Fax   : (617)-661-2576 

    [From Ranganath Dandi, dandi@killians.gsfc.nasa.gov]
    Thomas Williams
    Ste. 1501
    5205, Leesburgh Pike
    Falls Church, VA 22041
    Ph: (703)-845-8800
    Fax:(703)-998-0328.

    [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
    Steven A. Clark
    Flynn & Clark P.C., 
    One Main Street, 
    P.O. Box 25, 
    Kendall Square, 
    Cambridge MA 02142-0001
    Phone : (617)-354-1550
    Fax   : (617)-661-2576 

    [From Dr. M. V. Ramakrishna, krishna@ramanujan.chem.nyu.edu]
    Mr. S. Gayathrinath
    299 Broadway, Suite 603
    New York, NY 10007-1901
    Phone : 212-791-4210
    Fax   : 212-571-7405

    [From Kedar Gidh, gidh@bucknell.edu]
    Wendy Castor Hess
    Goldblum & Hess
    Jenkintown Plaza, Suite 380
    Jenkintown, PA 19046
    Ph. (215) 885-3600
    Fax (215) 885-4595

    Law Office of Sheela Murthy
    10451 Mill Run Circle, Suite 400
    Owings Mills, MD 21117-5577
    Tel: 410-356-8830
    Fax: 410-356-8804

Q: What are the numbers for "Ask Immigration" Telephone Information 
   Systems operated by INS.
A: [from C. Huda Dodge, dodgec@ucs.orst.edu] 

   INS operates "Ask Immigration" Telephone Information Systems, 
   through which you can access recorded messages about various 
   immigration topics.  The information below is taken from the INS 
   brochure on this system (Form M-243).

One can access the recorded messages from the following telephone numbers:

Albany, NY      (518) 472-4621          Newark, NJ      (201) 645-4400
Albuquerque, NM (505) 766-2378          New Orleans, LA (504) 589-6533
Anchorage, AK   (907) 271-4953          NYC, NY         (212) 206-6500
Arlington, VA   (202) 307-1501          Norfolk, VA     (804) 441-3081
Atlanta, GA     (404) 331-5158          Oklahoma City, OK (405) 942-8670
Baltimore, MD   (301) 962-2065          Omaha, NE       (402) 697-9155
Boise, ID       (208) 334-1821          Orlando, FL     (407) 826-5870
Boston, MA      (617) 565-3879          Philadelphia, PA(215) 597-3961 
Buffalo, NY     (716) 849-6760          Phoenix, AZ     (602) 379-3122
Charleston, SC  (803) 724-4350          Pittsburgh, PA  (412) 644-3356
Charlotte, NC   (704) 523-1704          Portland, ME    (207) 780-3352
Chicago, IL     (312) 353-7334          Portland, OR    (503) 326-3006
Cincinnati, OH  (513) 287-6080          Providence, RI  (401) 545-7440
Cleveland, OH   (216) 522-4770          Reno, NV        (702) 784-5427
Dallas, TX      (214) 655-5384          Sacramento, CA  (916) 551-2785
Denver, CO      (303) 371-3041          Salt Lake City, UT(801) 265-8678
Detroit, MI     (313) 226-3240          St. Albans, VT  (802) 951-6658
El Paso, TX     (915) 532-0273          St. Louis, MO   (314) 539-2532
Fresno, CA      (209) 487-5091          St. Paul, MN    (612) 854-7754
Harlingen, TX   (512) 425-7333          San Antonio, TX (210) 229-6350
Hartford, CT    (203) 240-3171          San Diego, CA   (619) 557-5570
Helena, MT      (406) 499-5288          San Francisco, CA (415) 705-4411
Honolulu, HI    (808) 541-1379          San Jose, CA    (408) 291-7876
Houston, TX     (713) 847-7900          San Juan, PR    (809) 766-5280
Indianapolis, IN(317) 226-6009          Seattle, WA     (206) 553-5956
Jacksonville, FL(904) 791-2624          Spokane, WA     (509) 353-2129
Kansas City, MO (816) 891-0603          Tampa, FL       (813) 228-2131
Las Vegas, NV   (702) 384-3696          Tucson, AZ      (602) 670-6229
Los Angeles, CA (213) 894-2119          West Palm Beach, FL(407) 844-4341
Louisville, KY  (502) 582-6375
Memphis, TN     (901) 544-3301          TDD Users:      (202) 307-1512
Miami, FL       (305) 536-5741
Milwaukie, WI   (414) 297-3565

  People who don't like electronic answering services should stay away from
  this system.  For quick reference, especially if you live in one of the 
  cities listed, it is really quite convenient.  One must push the # of the 
  recording you wish to hear (and in Portland, OR at least, one *must* listen 
  to a message before you can talk to a real person).  If you don't know the 
  #, you have  to listen to a menu list of options.  To make things easier, 
  this "Message Guide" was printed in the brochure: 

101     The INS    
102     How to report aliens illegally in the US...
103     PRC nationals
104     The INS Outreach program
105     Where to mail applications
106     Reporting your change of address to INS
107     How to obtain copies of documents
108     Immigrant visa availability list
109     Filing appeals and motions

201     Who is eligible for legalization
202     Employer sanctions
203     Family fairness program for legalized aliens
204     Anti-discrimination protection under immigration law
205     How to apply for PR status if resided continuously since 1972
206     Special agricultural worker program
207     Systematic alien verification for entitlements program

301     Filing petitions to sponsor an immediate relative
302     "      " to sponsor prospective immigrant employees
303     How can an alien in the US can request to change status to PR
304     When a US citizen marries a foreign national outside the US
305     How to file a joint petition...to remove conditional status of PR
306     Immigration benefits for adoption before 16th b-day
307     Orphan petitions
308     Application for asylum in the US
309     PR for recipients of approved asylum applications

401     How to obtain an alien residency card
402     Applying for a replacement " " "
403     If you never received you  " " "

501     Nonimmigrant or temporary visas
502     How to request an extension of temporary stay
503     Change of status from one nonimmgrant class to another...for work
504     Applying for a replacement I-94 arrival/departure document
505     Temporary visitor's visa
506     A fiance/fiancee visa
507     Requirements for class. as a nonimm. temp. worker (H1, H2 & H3)
508     Requirements for class. as a J1 or nonimm. exchange alien
509     L-1 visa status for intracompany transfers
510     Requirements for class. as an E1 or E2 ... treaty trader or investor

601     Permission to go to school
602     Student visa extension
603     Permission for foreign student to work
604     Visas for spouse & dependent children of foreign students
605     School transfers for F1 & M1 foreign students
606     How to maintain your student status

701     Departure from the US by permanent residents
702     Student travel outside the US
703     Travel authorization for refugees
704     How to request emergency travel
705     Travel by an alien whose PR application is still pending

801     Citizenship and naturalization requirements
802     " for children born outside the US
803     Naturalization based on military service
804     Derivative citizenship for children of US citizens
805     Residency requirements for naturalization
806     How to file for naturalization on behalf of a child
807     Replacement of certificate of citizenship or naturalization
808     How to renounce or forfeit US citizenship

Q: Which is the best time to change this maiden name to the
   married name and how to go about it?
A: [From Rajiv S. Khanna, rskhanna@access.digex.net]

   In terms of immigration documents, all papers that are
   filed should list spouse by her married name and  "also
   known as XYZ (Maiden name)."  Most INS forms provide a
   space for "Other Names Used."  Now if it is too late,
   and a green card in her maiden name has already been issued,
   INS has a form for making a change in the issued Green Card.

Q: What is form XXX ?
A: [From B.G. Mahesh, mahesh@mahesh.com]

      N-400  : Application for Naturalization
      N-600  : Application for Certification of Citizenship
      I-90   : Application to Replace Alien Registration Card
      I-130  : Petition of Alien Relative 
      I-131  : Application for Travel Document
      I-485  : Application to Register Permanent Residence 
               or Adjustment of Status
      I-600  : Petition to Classify Orphan as an Immediate Relative
      I-765  : Application for Temporary Employment Authorization

Q: What is the fee for XX?
A: [From Rajesh Kumar Singh, raj@goliath.stanford.edu]

=================================================================
              IMMIGRATION AND NATURALIZATION SERVICE
                     SUMMARY OF CHANGED FEES
                     effective July 14, 1994

Form No.  Form name/description                             Fee
=================================================================
I-17      Petition for Approval of School for
               Attendance by Nonimmigrant Students          $140
I-90      Application to Replace Alien Registration Card    $75
I-102     Application for Replacement/Initial Nonimmigrant
          Arrival Departure Document                        $65
I-129     Petition for a Nonimmigrant Worker           See below*
I-129F    Petition for Alien Finance(e)                     $75
I-130     Petition for Alien Relative                       $80
I-131     Application for Travel Document                   $70
I-140     Immigrant Petition for Alien Worker               $75
I-191     Application for Advance Permission to Return
          to Unrelinquished Domicile                        $90
I-193     Application for Waiver of Passport and/or Visa    $90
I-212     Application for Permission to Reapply for
          Admission into the U.S. After Deportation
          or Removal                                        $95
I-360     Petition for Amerasian, Widow(er), or Special
          Immigrant (except for a petition seeking
          classification as Amerasian)                      $80
I-485     Application to Register Permanent Residence or
          Adjust Status
          --if 14 years of age or older                     $130
          --if under 14 years of age                        $100
I-526     Immigrant Petition by Alien Entrepreneur          $155
I-539     Application to Extend/Change Nonimmigrant Status  $75
                              (plus $10 per coapplicant)
I-600     Petition to Classify Orphan as an Immediate
          Relative                                          $155
I-600A    Application for Advance Processing of Orphan
          Petition                                          $155
I-601     Application for Waiver of Grounds of
          Excludability                                     $95
I-612     Application for Waiver of the Foreign Residence
          Requirement                                       $95
I-751     Petition to Remove the Condition on Residence     $80
I-765     Application for Employment Authorization          $70
I-817     Application for Voluntary Departure Under
          Family Unity Program                              $80
N-300     Application to File Declaration of Intention      $75
N-400     Application for Naturalization                    $95
N-470     Application to Preserve Residence for
          Naturalization Purposes                           $115
N-565     Application for Replacement Naturalization/
          Citizenship Document                              $65
N-600     Application for Certificate of Citizenship        $100
N-643     Application for Certificate of Citizenship in
          Behalf of an Adopted Child                        $80
N-644     Application for Posthumous Citizenship            $80

*I-129 Petition with Unnamed Beneficiaries:
     --Fee of $75 per petition

 I-129 Petition with Named Beneficiaries:
     --Base fee of $75 per petition plus either:
          --$10 per worker is requesting consulate or port-of-
          entry notification for visa issuance or admission;
          --$80 per worker if requesting a change of status; or
          --$50 per worker if requesting an extension of stay, if
          filing an extension of stay or change of status for one
          worker, dependents may be included for a fee of $10 per
          dependent.

Q: What is the phone number of US Consulate in XXX?
A: [From Manish, manish@hogpa.ho.att.com]

        Quebec:   418-692-2095
        Montreal: 514-398-9695
        Toronto:  416-595-1700
        Ottawa:   613-238-4470 ext 301

Q. Wish List

   Need to add info regarding Citizenship, visitor visa..
   If you have any info regarding these please email your 
   questions/answers to me directly.

-----------------------------------------------------------------

Archive-name: us-visa-faq/part3
Last-Modified: May 2, 1995

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.

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

Individuals are encouraged to submit corrections, questions and answers 
to rskhanna@netcom.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, EXCEPT 
FOR THE QUESTIONS THAT WE HAVE ANSWERED.  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."


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@mahesh.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@mahesh.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@mahesh.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 clearance ("LCA").

Q. How many days/weeks/months does it take to get a H-1B?
*A:  [from B.G. Mahesh, mahesh@mahesh.com]
        [modified by rskhanna@access.digex.net]

    This depends partly on the state you reside. Generally after your LCA,
    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: [Rajiv S. Khanna, rskhanna@immigration.com]

    H-1B : Correct fee IF you are changing status (e.g. from F-1 to H-1) 
           and applying for H-1 is $155.  If you are already in H-1, the 
           fee is $125.
           
*    H4 :  Many variables.  Check with your lawyer or INS.

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 a watermark of the statue of liberty and 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: If I get promoted do I need to get a new H-1B visa?
*A: [modified by rskhanna@access.digex.net]
        Technically, you do need a new H-1.  In real life, if the jobs are
sufficiently close in description and responsibilities, I recommend that
your employer send a letter to INS.

Q: What is a good place to try for multiple entry H-1B visa?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Ciudad Juarez (across the border from El Paso, Texas)
   I made a pilgrimage to Ciudad Juarez[July 1994], Mexico across the 
   border from El Paso, Texas. I was graced and granted a multiple entry 
   H-1B visa a couple of days back. Almost all the people who applied for 
   H-1B visas that day were granted the visa. The interview with the 
   consular officer was less than 2 minutes. Although I was carrying 
   extensive documentation with me, the officer only wanted to see the 
   H-1B approval notice and my Ph.D. diploma.  

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 is the phone number of US consulate in Jurez, Mexico?
A:  [ From Rajesh Kumar Singh, raj@goliath.Stanford.EDU]
        Country code: 52
        Area code:    16
        Phone #:      13-40-48

Q. What documents are needed to get a multiple entry H-1B visa?
A: [from Pramod S. Badjate, badjatep@agcs.com and RANGASWAMY@zircon.plh.af.mil]
   1. Passport with current I-94
   2. H-1B approval form (* ORIGINAL*) [Form I-797]
   3. Copy of H-1B petetion form. Ask your company for this. 
      The consulate in Juarez have recently begun suggesting to prospective 
      applicants to bring attorney certified copies of the H-1B petition.
   4. Copy of Form ETA 9035 or the Labor condition application [LCA] 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. Recently, U.S. consulates around the world have begun issuing machine 
      readable visas (MRV) to protect against visa fraud. The cost of 
      preparing these visas is $20 and is applied to nationals of all 
      countries. In addition, the applicant is responsible for the reciprocity
      visa fee. For Indian nationals, the reciprocity visa fee is $100. 
      Therefore, make sure to carry $120 in cash.
   10. One Passport size photograph
   11. Degree certificates [original + copy]
   12. Make sure to take along with you copies of all documents 
       filed with the INS on your behalf by your company.
   13. Notarized or attorney certified copy of your entire passport including
       the page containing your H-1 visa.

Q: What is a good place to stay at El Paso?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   I stayed at the EconLodge in El Paso. They charge $34/night. You 
   get a 10% discount if you are a AAA member (which I got). 

Q: Are there any good eating places near the EconoLodge?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   There's a restaurant called Elmers next door to the Econolodge. Ask 
   the manager of the Econolodge for a card which gives you a 10% discount 
   at Elmers. There's a good Indian Restaurant (for those who like ethnic 
   Indian food) within 3 miles of the Econolodge. The food is good and the 
   price is reasonable. 

Q: Do I need to have a Mexican Visa to go to Juarez?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You do not need a Mexican visa to go to the U.S. consulate in Juarez.

Q: Any suggestions for dos and don'ts in Mexico?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Do not drink the water in Juarez. Either carry spring water with you 
   or sustain yourself with coke or fruit juices from the vending machines 
   at the consulate and nearby restaurants. Eating food there is also not 
   particularly advisable.

Q: What is the best form of transportation from the El Paso airport to the 
   Econolodge?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   The EconoLodge has a shuttle service that can pick you up and drop 
   you off at the airport (915)-778-3311.

Q: What is the best means of transportation from the Econoldge to the 
   U.S. Consulate and back?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   A taxi driver by the name of Jesse Esparza (915)598-0204 offers the 
   cheapest fare for roundtrip transportation from your hotel to the U.S. 
   consulate. He charges $35 for a party of 4 or less people. He will pick you 
   up from your hotel and take you to the consulate in the morning. On your 
   way back you must take a Mexican taxi from the Consulate to the border. 
   Do not pay more than $10 for the Mexican taxi service to the border. You 
   then walk across the bridge and enter the U.S. side, clear the immigration 
   and customs and then call Jesse Esparza again. He picks you up in 5min. Try 
   to use the cabs as a group of 3 or 4 people. You can save a considerable 
   amount of money this way. Also make sure to leave for the consulate early 
   in the morning (a 4.30 am start from your hotel is helpful). The line is 
   usually long.

Q: Is there a fee for the multiple entry H-1B visa?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Recently, the consulate started issuing machine readable visas (MRV). 
   Consequently, the visa fee for Indian nationals is $120 up $20 from the 
   fee of $100. I am not sure about the fee for other countries.

Q: How to get multiple H-1B from Canada?
A: [Dip, NANDID@UCBEH.SAN.UC.EDU]
   Toronto: It takes five working days. You have to stand
   in line for an interview on Monday and the visa is given
   to you on Friday evening.

   Ottawa: I decided to go to Ottawa, but you have to call
   and an appointment.
          Address: 85 Albert Street, suite 805.
          Tel: 613-238-4470 ext 300.
   It is very difficult to get them to talk to you, so you
   have to keep trying. I got them on Tuesday in between 2-4 pm.
   Once you have the appointment, the rest is easy. 
   H-1 appointments are made on Tuesday mornings only (8:30 am to noon). 
   You need: passport, H-1 approval form, Photo, Job letter,
   Labor certification, pay stubs, $ 100 cash. The above items will be
   mentioned to you when you call to make the appointment.
   The visa is given to you on Wednesday at 3 pm.

   Place to stay: I stayed at the Butler Motor Hotel,
          112 Montreal Road (tel : 613-746-4641).
   There are several Motels on the same street. The daily charge,
   including breakfast, is $ candaian 44:50/day.

   Ottawa is a beautiful city and you will have enough time
   to check out the downtown which is pretty.

   Montreal: US consulate phone # 514-398-9695

   Quebec City: US consulate phone # 418-692-2095. I believe that in
   For Quebec, starting from Nov 1'94 anybody applying for visa needs
   prior appointment. Visa working days are Mon,Wed and Fri. If you are
   granted visa, your passport will be given on next "visa working day".

Q: Where to stay in Quebec?
A: [from Kalpesh Sheth, ksheth@BBN.COM]
   US consulate is surrounded by number of hotels/motels (chateau in
   french). Consulate is in old Quebec city and be sure to make reservation
   in the hotel, which is nearby consulate. Any thing in old quebec city is
   walkable distance. Avoid taking car to consulate if possible, because
   parking is rare (or you can park in one of the paid garage and then walk
   for 2 min.). I stayed at Hotel Chateau Bellevue(1-800-463-2617). It was
   right infront of consulate. Price was CAN$59/night. Other which are
   nearby are Au Chateau Fleur De Lys(1-800-567-2106), Le Chateau De Pierre
   (1-418-694-0429). For more details refer to AAA tour book on Quebec.
   Consulate is loc. at 2,Terrasse Dufferin, in downtown quebec. Once your
   appt. day is over you can look around for cheaper deals.

Q: How is the experience of getting H1 Multiple from Quebec?
A: [from Kalpesh Sheth, ksheth@BBN.COM]
   Very very friendly. When you fill up the form, one person will ask
   you different questions about your case and charge you US$ 20 right away
   as visa processing fees. After that, you will be asked to sit down and wait
   for officer to call your name. He asked me different questions like how
   is it like to work with my company. What kind of products you have, what
   do you do etc. I gave him enough doze of buzzwords that he can't
   understand! Then he asked for my EAD card (may be just wanted to make sure 
   my transition from F-1 to H-1 was without any holes :-)). That's it!! He
   told me to come back on Monday (as my appt. was on Friday) to pick up my
   visa. They will charge another US$ 100 for visa. (Total cost of visa is
   US$ 100 + US$ 20 = $120)

Q. What documents do I need for H4 visa when applying at US
   consulate ?
A:[From Mahesh Kumar Bagade, c23mkb@kocrsv01.delcoelect.com and others]
  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
     If marriage certificate is not in English get it translated
     to English and get it Notarized. Better to take the original
     marriage certificate with you.
  6) Bank statement [proof of money for supporting your spouse]
  7) A couple of your paychecks would be a plus point.
  8) Original passport of spouse
  9) Couple of marriage photographs and a marriage invitation card.
  10) 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 Bachelor's 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.

Q: When employer fires an employee on H1-B visa for whatever reason, 
   what will happen to the legal status of the person (employee)?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
   When an H-1 employee gets fired, technically, they have 30 days to leave
   the country.  Also, they can ask that the employer pay for their one way
   air ticket to the country of residence.

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?
*A: [From Rajiv S. Khanna, rskhanna@immigration.com]
    You can resign whenever you want, as long as you have another leagl
status (such as an F-1 visa).  No restriction.

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?
A: [From Pramod S. Badjate, badjatep@agcs.com]
   *No*. Some of the people who had responded to this said that proof 
   of application for status change (to F1) is sufficient to start working 
   part-time at school. However, the ISO advisor at my school and 
   Mr. Rajiv Khanna (a helpful lawyer on net who can be reached at
   rskhanna@immigration.com)  said that while you are on H4, work is not 
   permissible. You have to have your F1 to begin work at school.

Q. How do I change my status from H4 to F1?
A: [From Pramod S. Badjate, badjatep@agcs.com]
   There are two ways:
   1. You can file for a status change with INS by sending in your 
      application through mail. You will have to check with your ISO or INS 
      about the forms and fees, etc.  But this process of late has been taking 
      a few months. If you have to join school by then, consider option 2.

   2. Fly over to Juarez or some such place outside US and apply for F1. We 
      did that in the case of my wife successfully a few days back. They will 
      need I20, proof of financial support, etc. - the normal stuff required 
      for F1. It was not a problem at all.

Q. What if my spouse has to go back on H4? (If I change a job, etc.)
A: [From Pramod S. Badjate, badjatep@agcs.com]
   You can use the same process again to change your status.

-----------------------------------------------------------------

Archive-name: us-visa-faq/part4
Last-Modified: March 30, 1995

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/part4. 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/part4
in the body of the message.

Please see part1 of this faq for standard disclaimers.

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

Individuals are encouraged to submit corrections, questions and answers 
to rskhanna@netcom.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, EXCEPT 
FOR THE QUESTIONS THAT WE HAVE ANSWERED.  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."

Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                      J Visa
                      ------

Note that not all J1 visa holders are subject to the two-year home
residency (HRR) requirement.  Examine your IAP-66 form (bottom left
corner) and the visa stamp in your passport.  You are generally
subject to the HRR if you at any time accepted money from either your
home government or (particularly) the US government or if you are on a
special skills list (medical doctors in particular).  The home
residency requirement aims to protect the home government and the
goals of the exchange agreement.

If you changed schools, funding agencies, etc., you may have a
checkmark that the requirement does not apply on your current visa
stamp or IAP-66.  However, "once subject to the HRR, always subject",
i.e., thus, this does not help.

[modified by rskhanna@access.digex.net]
Q: On what grounds can I get a waiver?
*A: 1) AT the request of a U.S. government agency (NASA, NSA, CIA, ...)
   If a U.S. govt. agency declares an interest in you and petitions the USIA to waive
   the HRR. Could be a very good avenue if you work for that
   agency or do security-related work.

[modified by rskhanna@access.digex.net]
*   2) extreme hardship to  U.S. citizen or Green Card holder spouse or
child:  This is a good option if the ehardship is likely to be
extraordinary.  Mere desettlement or economic loss may not be sufficient.

   3) political persecution; residents of European countries might
   not want to pursue this. Residents of the PRC have a blanket
   waiver (Pelosi bill?).

   4) NORI/no-objection: the home government issues a statement
   of no-objection; seems to be the common and successful approach
   for Indian citizens.

[modified by rskhanna@access.digex.net]
Q: Who makes the waiver decision?
*A: It is a combined decsion by USIA and INS (with much weight being given
by INS to the decision of USIA).

Q: What's a NORI?
A: "No obligation to return"; also known as a "no-objection"
   statement. Issued by the home government, usually through their
   consulate. Issued routinely by most European countries, but
   may not help a lot (see next question).

Q: If I get a NORI, will I get a waiver?
A: No. The NORI is a necessary condition (for this particular form
   of waiver), but not sufficient. Generally, the determination is
   up to the USIA. Fulbright students can generally forget a waiver
   unless they fall below the threshold (see next question).

Q: Is there a threshold of money received below which a waiver is
   automatically granted?
A: No, but if you received less than $2000, you at least have a
   chance.  Fulbright grantees' applications have been known to be
   rejected even with grants below that, on the argument that the
   program itself, beyond monies expended on behalf of an individual,
   push each individual above that limit.  Above that limit, you can
   only hope to be from the PRC, or use the other avenues described
   above.

Q: Can I pay back the money I got and get out of the HRR?
A: No. In this respect, Fulbright grants differ from all other
   college grants, which, if you don't live up to your end of the
   bargain, at worst forfeit the loan waiver.

Q: Does marriage to a US citizen help?
A: No. If the US citizen was dumb enough to marry a J1 visa holder,
   her/his problem. (see 'extreme hardship' for unlikely exception).

Q: How do I go about applying for a waiver?  Do I have to work for 
    the sponsoring agency?
A: [From Isidore Rigoutsos, rigoutso@watson.ibm.com]
   It is *not* true that you have to work for the sponsoring agency.  Of 
   course, if you do work for them it helps.  More specifically, the 
   following can happen: one works for a certain company doing research or 
   other work that will lead into the development of a product or of a 
   technology that will give the US a market edge  or a technological edge.  
   Clearly, any such claim will have to be backed up by company statements, 
   descriptions, recommendation letters etc. Then, an alternative route is 
   through the Department of Commerce.  The latter will examine the case and 
   decide whether they want to apply for a waiver on your behalf with USIA. 
   Actually, that was my case; I am currently in the period where USIA has 
   recommended the waiver to INS but the latter have not yet decided. In case 
   you are wondering about the type of my research, I do work on 
   computational/molecular biology and pattern matching.  Two more alternatives
   that I know of are waiver applications sponsored by the Department of Health
   (for those that are in health science fields), and by the Department of
    Defense.
   

Q:  How long does the whole process take?
A: [From Isidore Rigoutsos, rigoutso@watson.ibm.com]
     The period between the day you file with the Department of Commerce and 
     the day USIA makes a decision is in the order of 4 months.  To this one 
     should add an overhead of 3 months or so during which period one is 
     preparing the application package: supporting documents, recommendation 
     letters, etc.

Q: Do I need to hire a lawyer to apply for a waiver?
A: [From Isidore Rigoutsos, rigoutso@watson.ibm.com]
   Probably not a good idea given that the necessary overhead (paperwork) is
   probably more than one can handle.

[modified by rskhanna@access.digex.net]
Q: When can an interested U.S. Govt. agency sponsor me for 
   a waiver of the HRR?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
*   In most cases, you need to work directly for the interested Government
agency or work for them through a contractor.

Q: Can I get an extension of my J-1 visa status if I apply for a
   waiver of the HRR?
A: [From Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]
   An extension of the J-1 status is possible if the extension is
   requested before you apply for a waiver. If the USIA has any proof
   of intent to abandon the exchange program, the J-1 status extension
   will be refused.

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?
A: [From Muralidhar Rangaswamy, rangaswamy@plh.af.mil]
   In a recent change to the law, the INS in their release of
   August 30, 1994 specifically addressed this issue. The rule
   pertaining to section 212(e) of the Immigration and Nationality
   act now includes the O-1 visa status as well. Therefore, the
   answer to the above question is definitely NO.

Q: Can an interested U.S. Government agency sponsor me for 
   a waiver if I work for a private company?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Certainly. Your company needs to demonstrate that by hiring you, 
   the USA gets a technological or market edge. Relevant documents 
   should be submitted to the Dept. of Commerce which will then make 
   a decision to sponsor you or not.

Q: If an interested U.S. Govt. agency sponsors me, will I get a waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   I am not aware of anyone who has been refused an IGA 
   (Interested Govt. Agency) waiver.

Q: How long does it take for me to obtain the waiver once I submit 
    my papers to the interested Govt. agency?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Approximately 4-6 months (There is no standard time frame though).

Q: What is the procedure followed in an IGA waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You first submit the necessary forms and supporting documents to the 
   interested U.S. Government agency. If they decide to sponsor you for 
   a waiver, they send their recommendation to the USIA directly and 
   advise you of their action. The USIA sends you a `Data Sheet' which you 
   need to complete for their review. The USIA then makes a recommendation 
   to the INS to grant the waiver or otherwise.

Q: How often can I apply for a waiver?
A: Every six months.

Q: What happens after the USIA makes a favorable recommendation for
   the waiver of the HRR?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   The USIA forwards its recommendation directly to the local INS 
   office (the one listed in your data sheet). The immigration then 
   sends you a notice form I-797C indicating the receipt of the 
   recommendation and informs youthat it takes 30-60 days to 
   process your case.

Q: Do I need to submit additional documents to the INS for the waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   No. Just sit back, relax and await the final letter from the INS.

Q: How long does it take for the INS to grant the waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Usually 30-60 days from the date the INS receives the USIA's 
   recommendation.  In my case, the INS received the USIA's 
   recommendation (dated March 23, 1994) on April 25, 1994. I 
   received the final waiver letter from the INS (dated June 2, 1994) 
   yesterday. Therefore, it is approximately 6 weeks processing time.

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?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You don't have to wait for the final waiver from INS for petitioning 
   for the change of status. You can do it as soon as you receive a favorable
   recommendation from the USIA.

Q: Has anyone been refused a waiver by the INS after the USIA has made a
   favorable recommendation?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   I don't know of any such case. INS usually accepts the USIA's 
   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?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Your employer can write a supporting letter and make you the 
   beneficiary of a petition with an interested U.S. Government agency. 
   The interested U.S. Government agency can then sponsor you for a waiver.

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?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   The University must demonstrate through extensive documentation that by
   hiring you, the U.S. will get a significant edge in terms of your 
   contributionsto the education field or the lack of your efforts would 
   significantly impact the successful completion of a project of great 
   interest to the Department of Education.

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?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   I don't see why not. However, for you to come back, you must ensure that 
   one of the following happens
   (1) Your employer is willing to wait for 2 yrs and keep the position 
       open and is willing to sponsor you for an H-1 visa for you to return 
       to the USA.
   (2) You have applied for a waiver of the HRR (and you are reasonably 
       certain to get it). Then you can have your employer sponsor you for 
       an H-1 visa.

   If I was in your situation, I would pursue the second option. Try for a 
   waiver while you are on the practical training and convert to the H-1 visa. 
   There is alegislation (to be decided on in July 1994) submitted to the U.S. 
   congress seeking significant changes to the approval and adjudication of 
   H-1 petitions. If this goes through, obtaining H-1 visas will be more 
   difficult.

Q: If I win a green card in a lottery, am I no longer subject to HRR?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Once subject to the HRR, always subject. Therefore, even if you win the
   lottery, you cannot change status to permanent residence until you submit
   evidence that
     (1) The 2yr HRR has been waived.
     (2) You have served the 2yr HRR sentence.

Q: 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?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Don't know about this one. The law merely says that you can apply for a
   waiver every 6 months. I don't know if there is a restriction on the
   # times you can apply. Also, I am not sure if you can apply on the same 
   groundsmore than once. You may want to consult an attorney.

Q: Will it help me to get a waiver to switch to F-1 visa (rather than 
    just to a different sponsor)?
*A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
        [modified by rskhanna@access.digex.net]
   Changing status to F-1 will not help.

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?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
    Not sure about this one too.

Q: What do I need to show after the two years to prove that I 
   resided and worked in my home country?
A: Good question. Anybody know?

Q: Can I apply for H-1B, permanent residency, etc. while serving the
   HRR?
A: Yes. The visum will be issued the day your two years are up. This
   is particularly advisable for those who can get visas without
   labor certification (family preference). You can apply at the
   US consulate in your home country.

Q: Can I visit the United States while serving my two-year sentence?
A: Yes, but the time is (supposedly) subtracted from your residence time.
   Vacation in a third country is o.k.

Q: Do I have to return to my home country?
A: Yes. More precisely: country of citizenship or last residence
   prior to entering the United States.

Q: Can I reside in my home country and work in another country?
A: Currently not. Apparently, there are rumblings about making
   residency and work in any of the European Community countries
   equivalent, but that has not happened. 

[modified by rskhanna@access.digex.net]
Q: Can I work for a company of my home country in another country?
A: Not sufficient.

Q: Does writing to your congress person help?
A: No, you just get a longer letter of denial.

Q: What is USIA's address?
   [from Michael Galperin, MYGALP01@ulkyvm.louisville.edu]
A: YOU DON'T WRITE TO USIA. It is done either by your embassy or by 
   interested US agency (NIH, DHHS, DOE etc). Anyway, the address is 
   (courtesy of our International Center):
 
        US Information Agency
        Office of the General Counsel
        Waiver Review Office
        Washington DC 20547
        Phone (202)-475-2385 

Q: Does a J1 have any advantages?
A: Yes. You get 36 months of practical training (instead of 12 months
   for an F1). Also, your spouse may work on a J2 visa during your
   stay after getting permission from INS.

Q: What constitutes intent to abandon the exchange program?
A: [From Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]
   Any of the following 5 conditions is sufficient proof of intent to
   abandon the exchange program.
   (1) The USIA receives through diplomatic channels a no-objection
       statement from the J-1 holder's home government.
   (2) The USIA receives a statement from the INS stating that the
       J-1 holder or his/her U.S. citizen (or permanent U.S. resident)
       spouse will be subject to considerable hardship on account of the
       HRR.
   (3) The USIA receives a statement from the INS stating that the
       J-1 holder will be persecuted in his/her home country on account
       of his/her political or religious beliefs.
   (4) The USIA receives a statement from an interested U.S. Government
       agency stating that the imposition of the HRR would be detrimental
       to its interests and therefore, requesting a waiver on the J-1
       holder's behalf.
   (5) The USIA receives a completed data sheet from the J-1 holder.

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?
A: [From Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]
   The program sponsor will either object to the waiver or refuse the
   extension of the J-1 status (The program sponsor will not issue a
   new IAP-66 needed for the extension in most cases. I have known of
   one case where the sponsor objected to the waiver.). This is because
   the sponsor will be threatened with exclusion from the exchange
   program list of the USIA, if they act otherwise.

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?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes

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?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   No

-----------------------------------------------------------------

Archive-name: us-visa-faq/part5
Last-Modified: March 30, 1995

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/part5. 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/part5
in the body of the message.

Please see part1 of this faq for standard disclaimers.

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

Individuals are encouraged to submit corrections, questions and answers 
to rskhanna@netcom.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, EXCEPT 
FOR THE QUESTIONS THAT WE HAVE ANSWERED.  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."
Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                       F Visa
                       ------

Q: Who can apply for an F-1 visa?
A: [Gregory Siskind, gsiskind@telalink.net]
   Any alien who has applied to and been accepted to enroll on a full-time
   basis in an academic education program which has been approved by the INS 
   to accept F-1 applicants is eligible to apply if the student is proficient 
   in English or engaged in English language courses leading to English
   proficiency.  The alien must also demonstrate sufficient financial resources
   to study without having to work and he or she must also show that there is 
   no intent to abandon residency in the students home country.

Q: Can other non-immigrants pursue studies in the U.S.?
A: [Gregory Siskind, gsiskind@telalink.net]
   Yes.  Dependents of A, G, H, L, E, and I aliens may study on a full- or
   part-time basis.
   Workers in the B-2, H-1, H-2, H-3, L-1, E-1 or E-2 categories can pursue
   incidental educational activities as long as the educational activity is not
   the aliens primary activity.

Q: Can I pursue an F-1 visa if similar training is available in my home
    country?
A: [Gregory Siskind, gsiskind@telalink.net]
   Yes.  However, to pursue practical training, such training must not be
   available in the aliens home country.

Q: How long can I stay on an F-1 visa?
A: [Gregory Siskind, gsiskind@telalink.net]
   Foreign students are permitted to stay in the U.S. for the entire period of
   enrollment in an academic program plus any period of authorized practical
   training and a 60-day grace period to depart the U.S.  The whole period is
   normally referred to as duration of status and is noted on the I-94 as
   D/S.  The student must complete the academic program prior to the date of
   expiration listed by the designated school official on the I-20AB (a form
   issued by the school).

Q: Must an F-1 student be studying on a full-time basis?
A: [Gregory Siskind, gsiskind@telalink.net]
   Yes.  At the undergraduate level, this normally means at least 12 academic
   hours.  Graduate level full-time is left to the school to define
   (especially since work on a thesis or dissertation may constitute full-time
   work even though no credit hours are being taken).

   Students may be permitted to pursue part-time study if the foreign student
   advisor recommends this for academic reasons (such as the need to improve
   English skills) or because of illness.

Q: Am I in status if I do not study during my schools summer vacation.
A: [Gregory Siskind, gsiskind@telalink.net]
   Yes, if you are eligible and intend to return to school in the next term.
   You may take a vacation at any point after an academic year is completed,
   but two vacation terms may not be taken consecutively and vacation time may
   not be accumulated.

Q: What if I am unable to complete my program by the time indicated on my
    I-20AB?
A: [Gregory Siskind, gsiskind@telalink.net]
   You must apply to your foreign student advisor for an F-1 extension within
   30 days preceding the expiration of your I-20AB.  You are eligible for an
   extension if 1) your application is timely; 2) you have maintained your
   status without violation; and 3) you can demonstrate that the need for an
   extension is due to compelling medical or academic reasons.

Q: What are the procedures for applying for an F-1 visa?
A: [Gregory Siskind, gsiskind@telalink.net]
   Unlike most non-immigrant visas, it is not necessary to obtain prior
   clearance from the INS.  Rather, the student must obtain an I-20 A-B
   Certificate of Eligibility from the school where the student intends to
   enroll and submit together with the OF-156 Non-Immigrant Visa form and
   supporting documentation regarding financial resources evidencing an intent
   to return to the students home country to a U.S. Consulate in the students
   home country.  After the visa is issued, the student applies at the U.S.
   border for admission. If the applicant is already in the U.S. in another
   non-immigrant status, the student applies to the INS.

Q: What financial requirements must be met to receive an F visa?
A: [Gregory Siskind, gsiskind@telalink.net]
   The applicant must demonstrate adequate financial support to cover him/her
   through the entire academic program will be available and that adequate 
   funds are currently available for the coming academic year.  Acceptable 
   evidence may include school financial aid, personal and family funds and 
   government assistance.  Anticipated earnings from employment during school 
   may not be used to show adequate financial resources.

Q: How strong must my English skills be to qualify for the F-1?
A: [Gregory Siskind, gsiskind@telalink.net]
   The school must certify that the prospective student has proficiency in
   English (usually demonstrated by passing an English proficiency examination
   like the TOEFL) or the student will be enrolled in courses in a language in
   which the student is proficient or the student will be enrolled in a full
   course of study consisting of both academic courses and English instruction
   or the student is enrolled in a language training program constituting a 
   full course of study.

Q: What evidence do I need to present to show bona fide non-immigrant
    intent?
A: [Gregory Siskind, gsiskind@telalink.net]

   i) Family ties - You should be able to present evidence of the existence of
      immediate family members as well as their ages, occupations, residences, 
      and standing in the community (an affidavit from a parent should be 
      adequate).

   ii) Community connections - The students participation in his community such
       as memberships in organizations, religious groups, etc.

   iii) Financial ties - Ownership of assets (especially a home) in the home
        country.

   iv) Job prospects - present evidence to show likelihood of being offered a 
       good position upon returning home.  A letter from a potential employer 
       may be helpful.  Also, be prepared to explain why the same education in 
       the home country is not ideal.

   In rare situations, the consul may request that the student post a
   Maintenance of Status and Departure Bond with the local INS office.

Q: Is it difficult to change from another non-immigrant visa category to
    student status?
A: [Gregory Siskind, gsiskind@telalink.net]
   Yes. The INS often presumes that the alien entered the U.S. in another
   category with a preconceived intent to attend school and circumvent the
   normal visa issuing process.  This is particularly true if the change is
   requested shortly after entering the U.S.  A wait of 60 to 90 days before
   switching is advisable in order to avoid presumptions of fraud.

Q: Can I transfer schools on the same F-1 visa?
A: [Gregory Siskind, gsiskind@telalink.net]
   Yes, if you are currently a genuine non-immigrnat student, you may have been
   pursuing a full course of study at the school you were last authorized to
   attend during the term immediately preceding the transfer, you intend to be a
   full-time student at the new school and you are financially able to attend
   the new school.

   When you seek a transfer, you must notify the present school of the transfer
   and obtain the I-20 AB from the new school.  You must complete the Student
   Certification portion of the I-20AB and deliver it to the foreign student
   officer at the new school within 15 days of beginning attendance at the new
   school.  The foreign student officer will endorse the transfer on your I-20
   copy and return it to you.  The foreign student officer then sends the
   original I-20 to the INS and a copy to the old school.

Q: What if I am changing educational programs but remaining at the same
    school?
A: [Gregory Siskind, gsiskind@telalink.net]
   If you are changing programs (e.g. B.S. to M.S.), the student must apply for
   a new I-20AB for the new program and submit to the foreign student advisor
   within 15 days of beginning the new program.  The foreign student advisor
   will return pages 3 and 4 of the I-20AB to you and sends pages 1 and 2 to the
   INS service center within 30 days.  Your permission to work off campus is not
   affected.  If you are simply changing majors, but pursuing the same degree,
   no notification is required.

Q: What are the procedures for pursuing on campus employment?
A: [Gregory Siskind, gsiskind@telalink.net]
   Any F-1 who is maintaining status may work on the schools campus for up to
   20 hours/week during school and full-time during breaks.  On-campus
   employment may not displace US workers, but no proof of this is required.
   The basic test is whether the position is traditionally filled by students
   or workers.  Most schools require you to receive authorization from your
   foreign student advisor, but INS permission is not necessary.

   For graduate students, on-campus employment includes employment by employers
   off-campus which have an educational affiliation or research contract
   relationship with your school.

Q: What are the options for off-campus employment?
A: [Gregory Siskind, gsiskind@telalink.net]
   The pilot off-campus employment program available since 1990 will expire on
   September 30, 1994 and, as far as I have been able to determine, has not been
   renewed.

   Off campus employment is still available in cases of severe economic
   hardship.  You must meet the following conditions to pursue off-campus
   employment:

      - you are in good academic standing and are studying full-time;
      - you can show severe economic hardship (the following may be acceptable):
      - loss of financial aid or on-campus employment through no fault of the
        student;
      - major currency fluctuations
      - inordinate tuition or living expense increases;
      - unexpected financial changes in the students source of support;
      - unexpected expenses
      - on-campus employment opportunities are unavailable;
      - one academic year has been completed;
      - the foreign student advisor recommends work authorization

    To obtain work authorization, Forms I-538 must be submitted to the foreign
    student advisor for certification.  The student must submit to the local INS
    office the certified I-538, Form I-20 (student copy), Form I-765, a filing
    fee for the I-765 (see list of fees in the FAQ), and supporting evidence
    showing economic hardship.  If approved, the student will receive a one-year
    employment authorization card permitting up to 20 hours/week of work.

    Employment authorization may be available under the curricular practical
    training program if the proposed employment is an integral or important part
    of the F-1s curriculum.  Any employment required for a degree qualifies, but
    the employment need not be a prerequisite for the degree in order to get CPT
    if the course credit is available for the employment, CPT is listed in the
    schools course handbook and a faculty member oversees the course.

    Where employment is required for an undergraduate degree, 9 months of study
    must be completed.  Where employment is required for a graduate degree,
    employment may begin right away.  Where employment is not required, 9 months
    of study must be completed, regardless of whether the student is at the
    undergraduate or graduate level.

    To apply, the foreign student adviser will mark on the back of the students
    copy of the I-20AB whether the authorized work is full or part time.  If 
    part time, only 20 hours/week of work are allowed.  Full time work is 
    possible and enrollment is not necessary.  There is no time limit on this 
    type of employment, though eligibility for post-completion practical 
    training is lost if curricular practical training lasts more than 12 months.

    Optional practical training is available either before or after graduation
    for a total period of up to twelve months.  Pre-graduation and
    post-graduation training periods are added together to determine if 12 
    months are exceeded.  Part time work is counted as one-half the amount of 
    time of full time work.  The training must be in the students educational       field.

    Pre-graduation practical training is available during the school year if
    employment is less than 20 hours per week and the student has been enrolled
    for at least 9 months.  Post-graduation practical training is available upon
    completion of required course work or when the course of study is complete.
    While engaging in post-graduation practical training, the student may enroll
    in school on a part time basis.

    If a student returns home for five months or more and returns to engage in a
    new course of studies, the student gets 12 more months of employment
    authorization.  But if a student merely transfers schools, he or she will
    have to get new employment authorization and will have to split the 12 
    months between the schools.

    To obtain practical training, the student must apply to the foreign student
    adviser to endorse Form I-538.  The student then applies directly to the
    local INS office for an employment authorization document (EAD) by filing
    Form I765 with fee and Form I-538.

    You may apply for post-graduation practical training as early as 90 days
    prior to completion or 30 days after.  The INS will issue the EAD effective
    from the date of completion of studies or the date on which the EAD is
    created - whichever is later.  An employment offer is not required.

Q: What should I do if I am out of status on my F-1?
A: [Gregory Siskind, gsiskind@telalink.net]
   You should be able to regain status through departure and re-entering using
   a valid F-1 visa and Form I-20 (student copy) validated by your foreign
   student adviser if you can convince the INS of the following:

     1) the status violation resulted from circumstances beyond your control or
        that failure to receive reinstatement would result in extreme hardship 
        to you;
     2) you currently are pursuing or intend to pursue a full course of study at
        the school listed on the I-20;
     3) you have not engaged in unauthorized employment; and
     4) you are not otherwise deportable.

Q: What status will my spouse receive?
A: [Gregory Siskind, gsiskind@telalink.net]
   A dependent spouse and children (under age 21) are eligible for an F-2 visa
   valid for as long as the F-1 is in valid status.  F-2s may study on a full
   time or part time basis, but may not receive financial aid or engage in
   employment.

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?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   While the possible permutations/combinations are many, overall, an F-1 
   student cannot engage in business.  There are restrictions against 
   off-campus employment and against unauthorized employment.

   Technically, it may be possible to form a corporation, obtain pre or post 
   completion employment authorization and then have the corporation hire 
   you as an employee, but I am not certain what all the legal implications 
   are.  I am not aware of any INS policy touching on this situation 
   (although I recall INS stating recently that this sort of corporate 
   arrangement was theoretically permissible for an H-1).  So for a definitive 
   answer, I would rather seek a written opinion from INS.

                       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?
A: [from Dale Schwartz, dschw05@ix.netcom.com]
   Yes

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?
A: [from Dale Schwartz, dschw05@ix.netcom.com]
   Yes. No limit on hours, as far as i have ever heard.

Q: Can one work as a consultant for more than one company while on F-1
   practical training?
A: [from Dale Schwartz, dschw05@ix.netcom.com]
   Employment Authorization aLLOWS just abt any type of employment in the
   USA, if he/she has an EAD card. But rules for practical training have
   changed in the not-too-long-ago past. Please check with your
   foreign student advisor at last school for a copy of the rules.

                       K Visa
                       ------

Q: Who can apply for K visa?
A: [from Neil Kolban, kolban@vnet.IBM.COM]
   The K class visa is the "alien fiance(e)" visa, which an nonimmigrant
   visa.  A US citizen who whishes to marry a foreigner may file a K 
   class petition (I129F) which, when granted, allows the foreigner to 
   enter the US and marry within 90 days of arrival.  Once married, the 
   foreigner should file for conditional permanent residence.  There are 
   two K class visas:
                  K1 - for direct fiance(e)
                  K2 - for children of fiance(e)

Q: How do I obtain a K visa for my fiance(e) (who is not currently in
   the US)?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   You must petition the INS, obtain their approval, and then the
   fiance(e) must submit to an interview at the US consulate in the
   foreign country.

Q: How long does it take to get a K visa?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Generally, once the petition is filed, it takes about 30 days to
   hear from the INS their approval or denial, then at least another 
   30 days for the paperwork to be transmitted to the foreign embassy
   and for the interview appointment to be arranged.  It can take up
   to 5 or 6 months total, though usually it is 90 days or so.

Q: How long is it good for?  What are the conditions?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   It is valid for 90 days, within which time you must get married and
   then apply for the change of status to permanent residence. 

Q: What is needed for the petition?  
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Forms needed: the G-325A, Biographic Information, must be filled 
   out for the petitioner and the fiance(e), and the I-129F Petition 
   for Alien Fiance(e).

Q: Can I do this myself, or do I need a lawyer?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Either.  An attorney can help expedite and answer questions, but
   there is no reason it can't be done without one.  

Q: How much will a lawyer charge?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Varies widely, but quotes here in Los Angeles were:
   $1500 due upon approval of petition
   $1200 covering both fiance(e) visa *and* eventual green card

**note**:  approval of the petition does not complete the process of
obtaining a fiance(e) visa!!  The fiance(e) must still be interviewed
and approved by the consulate. 

Q: How will I know the petition is approved?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   You will be sent a Notice of Action, Form I-797, stating approval
   or disapproval.  

Q: What is needed after petition approval?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   The fiance(e) should call the US consulate, and an
   interview will be scheduled after the fiance(e) has gathered the
   following items:  [from jrallen@devildog.attmail.com]

   --Two certified copies of the birth certificate.  
   --A passport valid for at least 6 months.  
   --A police certificate in duplicate, certifying no criminal record.   
   --A medical examination by a doctor approved by the 
     consulate will take place before the interview.
   --Four color photographs.
   --Evidence of support in the US --proof that the fiance(e) will not
     become a charge of the USA.  Form 167 details what is needed; 
     the Affidavit of Support (I-134) is the usual method.  This form 
     requires:
        
        1) Income, property, and investment information.
        2) Loans and expenses.  
        3) Willingness  to deposit a bond with immigration.
        4) Acknowledgement of the Social Security Act....
        5) Notarized copies of latest tax return.
        6) Statement from employer about salary.
        7) Statement from bank officer about accounts...
        8) If well established as a business owner, a rating from
           a rating agency.
    
    - For previously married persons, two copies of their marriage
      certificate and proof of termination.

Q: What is needed at the interview?
A: [From jrallen@devildog.attmail.com] 
   o Proof of the relationship.  
   o Photos showing the two of you together, letters and correspondence,
     telephone bills, airline tickets, etc.
   The INS is very interested in being certain that it is not a "sham"
   marriage for the purpose of immigration.  Typical questions asked:
   where you met, where the US citizen works.
 
                      L Visa
                      ------

   This entire section was published on page 36 of "India Abroad",
   Dec 31, 1993. I have included just a part of it. "India Abroad"
   or the author of this article is in NO WAY responsible for the
   information provided here.

Q. What is L-1 visa?
A. The L-1 visa category was established to facilitate the transfer
   or rotation of foreign personnel of an international company into
   the United States. Although originally targeted toward large U.S. 
   multi-national corporations, this is an appropriate method for companies 
   of all sizes to seek immediate immigration benefits for their 
   qualifying employees. Further, the L-1 visa may provide quick access
   to lawful permanent resident (immigrant) status in the United States.

Q. Who qualifies for a L-1 visa?
A. The L-1 is available to a foreign national who, within the three
   years immediately prior to entering the U.S., has been employed
   abroad for at least one continuous year and is now seeking temporary
   admission to the U.S. to be emplyed by a parent/branch/affiliate/subsidiary
   of that foreign employer in a managerial or executive capacity, or in a 
   position requiring specialized knowledge.

Q. For how may years is L-1 visa issued for?
A. An L-1 petition may be approved initially for up to three years, 
   with the possibility of extension for up to four more years. In
   the case of a "new office" in the U.S., the L-1 will be limited to 
   one year initially with extensions provided thereafter if the new
   office flourishes.

Q. Can dependants of L-1 come to USA?
A. The spouse and children (under 21 years and unmarried) may obtain
   L-2 visas allowing them to enter the U.S with the principal alien,
   however, they are not allowed to work unless they can qualify on
   their own for a work visa. They are allowed to attend school and/or
   participate in volunatary organizations.  

Q. Can I apply for a L-1 visa?
A. [From Veit Irtenkauf, veit@unify.Com]
   No.  The US subsidiary of the company you work for has to file the
   application.  Part of the application is proof of existance of a
   subsidiary in the country where you currently live (Note: The European
   Union is not considered to be a country.  If you live in France, your
   company has to have an office in France to apply for the transfer.  An
   office in Germany doesn't help)

Q. Can my company apply for multiple L-1 visas?
A. [From Veit Irtenkauf, veit@unify.Com]
   No, since a company is regarded as one legal entity in the US.  However,
   if you work for more than one company, each company could ideally apply
   for a L-1 visa.

Q. What happens, if one of the subidiaries (either in the United States
   or in the foreign country) goes out of business?
A. [From Veit Irtenkauf, veit@unify.Com]
   The L-1 visa is dependent on the existance of both a subsidiary in the
   United States and the foreign country.  If either or both ceases to
   exists, your visa automatically becomes void and your work permit is
   automatically terminated

Q. Does this mean I have to leave the United States?
A. [From Veit Irtenkauf, veit@unify.Com]
   Yes! Since you lost your work permit and your visa, you are not allowed
   to work in the United States any longer, unless you have another visa
   like an H-1B.  If you have a visitor visa (B-1, B-2), you can certainly
   stay, but your are not allowed to work any longer.

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?
A. [From Veit Irtenkauf, veit@unify.Com]
   Yes.  All what the company has to do is to apply for the other visa.

Q. In case the new visa is not granted will I automatically lose my old
   visa.
A. [From Veit Irtenkauf, veit@unify.Com]
   No.  The L-1 will still be valid, even if your petition for a different
   visa was not approved.  Nor does it have any influence on the extension
   petition for your current L-1, if it can still be extended.

Q. What's the cost for a L-1 visa?
A. [From Veit Irtenkauf, veit@unify.Com]
   It's about $150 for the initial visa and around $75 for the extension.
   Plus the fee for the lawyer.

Q. Do you need a lawyer to get a L-1 visa.
A. [From Veit Irtenkauf, veit@unify.Com]
   Personally you don't, but since the paperwork is similar to the H-1B
   visa, most companies who sponsor L-1 visas hire a lawyer anyway.  See
   the discussion about lawyers in the H-1B section for more details.

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

Q: What documents should I send to sponsor for a visitors visa?
A: [From B.G. Mahesh, mahesh@mahesh.com]

        1. Letter of employment from my employer stating
           how much I make and from when I am working for
           this company.
        2. Letter from my Bank.
        3. I-134 and got it notarized in my bank [$1 fee for
           notarization]. You can get I-134 from INS or your
           internationl student office. I heard you can use
           xerox copies of this form. 
        4. Letter from me stating that I will take care of their
           expenses in USA.
        5. Visitor fee $100 each (this might have changed)

Q: How can I extend a visitors visa?
A: [Compiled by Murali Venkat, murali@novell.com]
   
    o Which form needs to be filled?
      I-539 (Extension of stay/change of status)

    o What supporting documents needs to be sent along?
      Reason for asking for extension, proof of financial support       
      (i.e. you have enough financial resources to take care of them), a 
      copy of their return tickets (to show that their stay is temporary).

    o What is the fee?
     $ 75. If a spouse is also included in the same form then its only 
     $10 additional.

    o How much time does it take?
      Depends on the region...about 3-5 weeks.

    o What dates are relevant, I mean should we go by the
      date the Visas are expiring or by the date the I-94 expires?
      THE DATE THE I-94 EXPIRES. The date of expiry of visa is IRRELEVANT.

    o When should we apply for the extension? I mean how many weeks in 
      advance to the I-94/Visa expiration should we apply?
      Between 45 to 15 days of the date of expiry of the I-94. Ideally, 
      1 month before the I-94 expires.

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?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   The INS can refuse entry (which functionally amounts to the 
   same thing as cancelling a visa).  That happens mostly when 
   the INS discovers something that is contrary to your declared 
   intention in getting the B-1/B-2.  
   Typical example: you have a fiance(e) in the U.S.  INS discovers 
   love letters (long, mushy ones) in your documents.  Or during 
   conversation with an INS officer you let slip that you are panning 
   to get married in the U.S.  These are some of the examples I have 
   seen personally.  Legally, there is a bunch of grounds such as past 
   criminal convictions, past immigration violations, certain diseases etc. 
   (technically called "grounds of exclusion") that can bar ones entry 
   despite possession of a valid visa.

Q: Can I apply for a social security number on a B1/B2 visa?
A: [From Srinivas Kompella, tron!pcdoh!srk@uunet.uu.net]
   Various immigration rules books I have referred to indicate that 
   it is possible to get SS# on B1/B2 visa. Infact any visa is good enough.
   All you need is passport and a drive to the SS# office. They do not usually
   question WHY but if they do the answer is FOR BANKING PURPOSES. 
   They will mail a SS card in a few weeks and it will have NOT ELIGILBE FOR
   EMPLOYMENT stamp on it.

-----------------------------------------------------------------

Archive-name: us-visa-faq/part6
Last-Modified: April 18, 1995

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/part6. 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/part6
in the body of the message.

Please see part1 of this faq for standard disclaimers.

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

Individuals are encouraged to submit corrections, questions and answers 
to rskhanna@netcom.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, EXCEPT 
FOR THE QUESTIONS THAT WE HAVE ANSWERED.  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."

Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                    Labor/GC
                    --------

Q. How many days/weeks/months does it take to get a Labor Clearance 
   for GC?
A: [from B.G. Mahesh, mahesh@mahesh.com]
   This depends on the state you reside. After you send in the responses
   for your advertisement it can take anywhere from 4 weeks to 1 year.
   [assuming the labor department did not find any problem with your case]

   [from Vijay Rangarajan,vijay@ncsa.uiuc.edu]
   Here is a list of appoximate Labor certification processing time sorted
   statewise. Any additions/modifications should be sent to
   mahesh@mahesh.com or vijay@ncsa.uiuc.edu.

        Arizona         6 months
        California      9 months
        Illinois        1 year
        Louisiana       5 months for Professor
        Maryland        7 months
        Michigan        8+ months
        Missouri        1 year 3 months
        New York        1 year 6 months
        Ohio            1 year 6 months
        Oregon          7 months
        Tennessee       6 months
        Texas           6 months
        Washington      10 months

Q. How many days/weeks/months does it take to get a I-140 approval ?
A: [From netters]

        Oregon          10 weeks

Q. What is involved in the labor certification? 
A:  [from B.G. Mahesh, mahesh@mahesh.com]
    o Prepare a job description for the job being offered.
    o Job must be "permanent".
    o Alien must be paid at least the minimum wages prevalent 
      for the job in the geographical area of employment.
    o You need to advertise the job for 10 business days in your office
    o Advertise for 3 consecutive days in a newspaper.
   
    DOL [dept of labor] will send in all the responses they get 
    for your advertisement and your employer needs to justify why 
    you are better than other applicants. If the DOL doesn't approve 
    your labor then you can't apply for labor clearance for the next 
    6 months.

Q. Does the employer need to show the company's finances?
A:  [from B.G. Mahesh, mahesh@mahesh.com]
    Basically the employer needs to demonstrate that the company is
    financially sound and it can afford to employ you. So your
    employer may have to show the company's finances.

Q. Should I apply for GC together with the H-1B, or after I get the H-1B?
A: [from B.G. Mahesh, mahesh@mahesh.com]
   You can apply for GC with H-1B but it is advisable to wait for about 
   3-6 months after you get H-1B to apply for GC.

Q: 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 ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes, unless you are close enough to getting a green card so
   that your adjustment of status application can be filed, so
   that you may get a work permit through pendency of adjustment
   status.

Q. Will my spouse qualify for greencard with me even if she is on a
    non-dependent visa like F1 ?
A: [From Pramod S. Badjate, badjatep@agcs.com]
   Yes. Spouse and Kids qualify for greencard irrespective (except for J1)
   of the type of visa, as long as they are on a valid visa in USA. 
   The type of visa of the spouse/kids does matter. If the spouse/kids
   are on a J-1/J-2 visa with a 2yr HRR, they may not adjust status to
   permanent residency unless
   (1) They have served the HRR
   (2) Or have obtained a waiver of the HRR.

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?
A: [From Shyam Kamadolli, shyam@sun.soe.clarkson.edu]
    I-140 needs spouse/dependants to be mentioned. If you intend to marry a
    particular person at a later date fiancee listings are advised with
    early submission of marriage certificate (once available) is encouraged.
    If you dont mention spose on !140 it has to be resubmitted before 
    I-485 can be filed. This info is from my lawyers.

Q: Will all the GC wait come to a naught in this case , or can 
   one wait for it outside the country ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   You can MOST certainly wait 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 ? 
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Mere receipt of labor certification does not change your status.
   You have to apply to the INS for change of status.
    
Q: Can one apply for GC through an employer while on H-1 for 
   another employer?
A: [from Rajiv S. Khanna, rskhanna@immigration.com] 
   Yes.  The labor cert is for a job in future, which is 
   currently available to test the labor market.  It is open 
   for US workers.  The "alien" may only accept it upon receiving 
   his/her permanent residence.  The H-1, however, is for an entirely 
   different job.

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 ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com] 
  New labor cert will be necessary.

Q: Can an applicant qualify for a GC without going through 
   Labor Certification?
A: [from Jaap Akkerhuis, jaap@tempel.research.att.com 
    and Muralidhar Rangaswamy, rangaswamy@zircon.plh.af.mil]

  To qualify as an outstanding professor or researcher, INS requires
  meeting at least two of six criteria as follows:
 
    (1) Receipt of major prizes or awards for outstanding
        achievement in the academic field.
    (2) Membership in associations requiring outstanding achievements
        for their members.
    (3) Published material in professional publications written by
        others on behalf of the person's work in the academic field.
    (4) Evidence of the person's participation either individually or
        a panel as the judge of work of others in the same or allied
        academic field.
    (5) Evidence of the person's original scientific or scholarly
        research contributions in the academic field.
    (6) Evidence of authorship of scholarly books or articles in
        scholarly journals with international circulation in the
        academic field
 
    In addition, the person must have at least three years of experience 
    in the academic field. Such work while working on an advanced degree 
    is not acceptable unless the person obtained the degree and the person 
    had full responsibility for classes taught or, for research conducted 
    toward the degree, it has been recognized within the academic field as 
    outstanding. Such evidence can be in the form of letter or letters from 
    current or former employers.

    So note that a PhD is not required (I don't have one).

    If you want me to get more technical!!!
    The following classifications do not need labor cetification.
    (1) Section 203(b)(1)(A): Alien of Extraordinary Ability in the sciences,
        arts, business, and athletics.
    (2) Section 203(b)(1)(B): Outstanding Professor/Researcher
    (3) Section 203(b)(1)(C): Certain Multinational Executives.
    (4) Section 203(b)2 A or B: Member of the professions holding an advanced
       degree or an alien of exceptional ability seeking a national interest
       waiver of the job offer and labor certification requirements