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Q43 I would like to seek your erudite opinion on a topic not covered by the H-1 FAQ. I am suffering from Tendonitis on my forearms and find that my job as a programmer is aggravating the situation. I am currently on a H-1 and hold an Indian citizenship. I am undergoing physiotherapy etc to recover from the problem. Can I take a month off to recover fully? I was wondering if the BCIS (INS) would have a problem with this if my employer agrees to it.
A43 BCIS (INS) should not have any problems. This is a very genuine difficulty.
Q44 I went through your FAQ's and they were very helpful and answered most of the questions. I am on HIB status and right now have an option to join a job in Chicago or Minneapolis and would like to know which one is better to take up for my green card processing. I have heard from my friends (not lawyers) that it takes a long time for green card processing in Chicago. I would appreciate your insight on this.
A44 Because of the new RIR procedures,it may be better to go with the employer who has been advertising regularly for your type of jobs.
Q45 Is a job ad required only for labor certification or for Labor Condition Application also?
A45 If an employeer is an H-1 dependent employer, then the employer is required to place ads. If not an H-1 dependent, then No.
Q46 What is the role of my academic degree in applying for the Labor Condition Application or Labor Certification? It is said that at present only advanced degree (Master, Ph.D.) can have good chance to get approval of the Labor Condition Application or Labor Certification. Is that true?
A46 For H-1B, a Bachelor's degree in a narrowly defined subject area is sufficient. Ph.D. has NO additional significance.
For a labor cert., chances of success depends upon how many people qualify for the job. If an ad is placed for a Bachelors degree, chances are that, many people will apply than for a job that requires a Ph.D. degree. Please 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 higher the qualifications higher the pay.
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.
Q47 When employer fires an employee on H1-B visa for whatever reason,what will happen to the legal status of the employee?
A47 Period of stay regulation: Period of stay regulation:8 C.F.R. 214.2(h)(13)(i)(13)Admission(i)General(A)A beneficiary shall be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends.BUT, if an H-1B employee gets laid off, there is no grace period.
Q48 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 BCIS (INS)?
A48 While you are on H4, work is not permissible. You have to have your F1 to begin your work at school.
Q49 I've seen people who have two H1 visas due to a change in job.My friend has a problem, she is in India and has a H1 visa for company A.She however has not been able to come here due to personal problems. If she were to seek a job from some other company B in the US, is it required that she must have used her H1 for A before B can process a H1 for her?
A49 There is no such requirement. She can go forward with co. B.
Q50 I am currently on H1B for the past three years. Next year I plan to go to school full-time and hence will have my H1B converted to F1 (student visa). It will probably take me a year and a half to get my degree. This means that I would have been on an H1B for 4 years and then on a F1 for 1.5 years. My question is, can I get another H1B after I come out of school? What will be the duration of that H1B? Since the maximum duration of a H1B is 6 years, will my earlier 4 years be counted, so that I might get a new H1B for 2 years? Or will I get a fresh H1B, unrelated to the the one I have currently?
A50 You will get an H-1B for two years.
Q51 How do I change my status from H4 to F1?
A51 There are two ways: 1. You can file for a status change with BCIS (INS) by sending in your application through mail. You will have to check with your ISO or BCIS (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. They will need I20, proof of financial support, etc. - the normal stuff required for F1.And the F1 might be issued.
Q52 What if my spouse has to go back on H4? (If I change a job, etc.)
A52 You can use the same process again to change your status.
Q53 I obtained my bachelors in India and a masters in the US. If I have a masters from the US, do I still need to show that my bachelors is equivalent to a US bachelors?
A53 No. Not if you have a relevant masters degree.
Q54 My H1-B expires in July 1997. When should I file for my visa extension?
A54 You should file your request not earlier than four-six months before the expiration.
Q55 Is filing for a visa extension the same as filing a new H-1?
A55 Yes.
Q56 Can we use the previous LCA in filing for an H-1 extension?
A56 No.
Q57 I am currently on an H1-B visa and in the process of getting my green card. Can I still apply for a DV-98 visa and if I do, will it affect my labor certification?
A57 You can apply for a DV-98 visa and there is no effect on the labor certification.
Q58 If a non-immigrant specialty occupation worker on an H1-B status gets another employment opportunity with another employer, what steps are required for the transition from one employer to another? What happens to the original H1-B petition? Is there a restriction on the employee not to start working with the next employer?
A58 A new H-1B extension and change of employment is filed with the same legal fees. The original H-1 stays in tact unless revoked by the BCIS (INS) or the employer. The employee can work with the new employer once the receipt notice has been received.
Q59 I am on H-1 wishing to start a company. Is it possible?
A59 Yes.Open a company and then apply for either a full-time or a simultaneous H-1 for your own company. There are a few conditions applicable.First, you must be working in your own area of expertise. For example,a Software Engineer may NOT open a company selling shoes.Second, technically, your company must pay your wages even if the company is not making any money. Remember that you cannot use your own company to get a green card.
Q60 According to H1-B employment law, can an employer change the salary from the salary documented on H1 application? My employer is doing contracting business and paid me a lower amount the first month because it did not have any clients?
A60 It is illegal to do so unless the H-1 papers mention that the employee can be paid on a part-time basis. The employers are NOT permitted to bench employees in this manner.
Q61 How many H-1s can an individual obtain?
A61 There is no limit .
Q62 Does the number of H-1 visas obtained by one personeffect the greencard application process?
A62 No.
Q63 Can you have simultaneous H1-B (One full time and one part time at the same time working for two different companies)? If so, is the six year period calculated for the multiple visas?
A63 It is permissible to hold many H-1's separately as long as the total period does not exceed six years. For instance, if you held one part time and one full time H-1 from 1/1/96-12/31/96, you have only spent ONE year on H-1. This is so even though you held two H-1 jobs simultaneously during this time. The jobs may be both part time or one full and one part time. The number of hours worked is irrelevant for this determination.
Q64 What documents do I need for H4 visa when applying at US consulate ?
A64 The following are the documents are necessary:
1. All H-1 papers.
2. A copy of the H-1 stamp on spouse's passport.
3. Marriage certificate/ license 4. Marriage photos - take all the photos of the important ceremonies.
5. A letter from spouse's employer(s) stating salary, job title.
6. $20.00 application fee (in Calcutta, they need a draft for Rs 800.00)
7. $100.00 fee after you get the Visa.
8. It is advisable to contact the consulate to get the list of dicuments they require.
Q65 My wife has an H-4 visa and she wants to work. She would like to obtain an H-1 visa. Is it the normal procedure or does she need to do anything different?
A65 It is the same procedure, no difference.
Q66 Can applying for H-1 Visa and Canadian Immigration at the same time cause any harm in any case at all?will it cause any problem for me to get my h-1 approved if they find out that I have applied for Canadian immigration as well ? Is there any way for them to find out ?
A66 No. I do not see any problem in that.
Q67 Please let me know as one of my friends has an H1B Visa from company X and he got the Visa stamped in New Delhi and is currently working in Singapore. He has an offer from company Y and they are in process to apply for his H1B. Can he cancel his VISA in Singapore or he may have to go back to New Delhi to cancel his Visa or can he apply for the change of employer asking company Y to do so.
A67 Tell him to apply for a new visa at the US consulate at Singapore.
Q68 Following the previous question can I become full-time employee at Y and then continue working for X part-time?
A68 Certainly, but you will need to file a new H-1 even for X, because if the old H-1 were approved for full time employment, the change to part-time requires a new H-1, UNLESS the old H-1 (with X) was for a range of hours (10-40 hrs./week).
Q69 Can a US consulate, OTHER THAN THE ONE MENTIONED ON THE "NOTICE OF ACTION", issue the H1B visa?
A69 Yes. It is the issuing consulate's discretion
Q70 I would like to ask you for an information about H-1B extension and re-entry. At present I am a worker on H-1B visa (granted as a change of status while in US) valid till June 1997. I have just received an extension of my contract with the present employer for another year (till June 1998). I plan to go to my home country for a visit next month. Q1:Can I apply for an extension of my H-1B for another year (till June 1998) in my home country with just current valid H-1B visa (valid till June 1997) and letter from employer confirming my extension for another year?
A70 No. H-1B extension must be first approved by BCIS (INS). Q2: What documentation will I need for an application/extension of H-1B visa in my home country? A: H-1B extension is almost the same thing as applying for a new H-1.
Q71 I have seen in your newsgroup that the maximum stay on H1B visa is 6years. I am currently on H1B visa, with another 3 years left, and am also doing my Master's program. Can I shift to a student visa (after my H1B term is done) and subsequently to OPT and then back to H1B? Or, do I just have to go back after three years? Please let me know.
A71 Any time NOT utilized on H-1 is preserved for future use. So you will still have 3 years left.
Q72 I am in the process of changing job. Right now my visa status is H1B. My spouse is on H4 visa. She recently accepted a job and applied for H1B visa. So my question is when I apply for my new H1B visa do I need to apply a H4 visa for my wife?
A72 No. She will have her own H-1. As long as you maintain status (does not matter with which employer), her H-4 is valid. The moment her H-1 is approved, she will then have independent H-1 status.
Q73 I went through the FAQ (for H visas) and understand that you can maintain mul