ill also get work authorization.
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A168 You must plan on leaving as per your actual stay. We are not permitted to take advantage of USCIS (INS) mistakes.
Q169 My status is H1 Visa, my wife is canadian Canadiancurrently she is on H 4, and she is going to school, can she work as student with out any changes in her visa stautus? what are the suaitable action need to be taken so that she can work.
A169 On an H-4, a person can go to school. No problem. But if they want to accept benefits like assistantships, they may have to convert first to an F-1. There is no provision in law for an H-4 holder to work. They could convert to another status like H-1.
Q170 I had a query regarding my work status in the United States. If i am citizen or a permanent resident of canada, am i legally allowed to work in the United States.
A170 No you are not. You have to seek an H-1 and/or TN (for citizens only).
Q171 I already have a valid H1B VISA stamped on my passport. The employer is based in San Mateo California, the validity of my VISA is up to Nov 2003. Problem is they cannot invite me to the U.S. yet - meaning there's no job for me as of the moment. Can I go to the U.S. on my own using my H1B. I have some relatives there in California where I can stay. My plan is to look for another employer there and as I understand I need a new H1 VISA for the new employer. Will U.S. immigration allow me to enter with my H1 VISA? Are there any problem with this?
A171 If you enter USA, you must be placed on the employer's pay roll within 30 days or you will be out of status.
Q172 I am a H1-B holder and my current employer is sponsoring the Green Card processing for me. I recently got married, my wife is a Green Card holder. I she can also sponsor for my GC. With respect to processing time and difficulties involed, which is the best (faster and easier) way to go?
A172 Do both. You will get the employment based first.
Q173 I am an Indian national on H-1B. My current H-1B is valid until 04/10/02. Recently, I have renewed my passport. I was issued a new passport and the old passport was returned to me with a stamp stating: "Passport Cancelled VALID visas within this passport NOT cancelled". From this, I understand that my US visa with validity until 04/10/02 is still good as long as I carry my new and old passports. However, I would like to make sure that it is indeed valid for travel outside the US, since I am planning to go to India in Feb 2002.
A173 It is valid for you to travel outside the US. There is no problem.
Q174 I am here in H1 visa and want my parents to come here on H4. They are dependent on me and they dont have any job over there, means no other source of income. Can they be issued a H4 visa?
A174 H-4 is not available for parents. Sorry.
Q175 Does the law permit extensions beyond 6 years for H-1?
A175 Yes. Indefinite H-1 extensions in one-year increments can be obtained, if the I-140 is pending or approved (oe I-485 is pending) and the green card process was started a year ago. The GC process is started for: - Labor Certification based cases; when the labor certification is officially filed with the local office (SESA); and -EB-1 and National Interest Waiver cases; when the I-140 is officially filed withe USCIS (INS).
Q176 I came to USA in April 1998, my visa expired in October, 2000. But in June,2000 I changed my company and I got the new approval notice with new I-94. I talked to my attorney about, do I need to get stamp my new visa and he told me I don't have to do it unless I am travelling out of country. Is it true? Because when I talked to one of my friend, he said he read in the immigration web site that the person has one year time to re-evaluate his/her new visa
A176 Your lawyer appears to be correct, as is your friend. That one year is visa revalidation limit. But you do not have to revalidate if you received a new I-94 with the new H-1 approval.
Q177 I am currently on L1 visa for the last 6 months. I would like to know if it is possible to convert from L1 to H1 visa? If it is possible, should one leave the country and re-enter with the new stamp and can one start working immediately on filing H1?
A177 It is possible if you otherwise qualify. If you are maintaining appropriate status, you can convert without leaving USA.
Q178 I have lived in the USA for 5 years on H1 visa. Then I decided to leave the US on 11/15/01 and return to India. My objective is to stay out of the US for 1 year and re-enter.Is it possible for me to come to USA during the 2002 on visitor visa for a month to finish some pending personal ties. Do you think it will count towards my stay period or not? Also what if i want to want to visit on 4/1/2002 for 1 week. Do I have to restart my one year after my return on 4/8/02 or I can continue counting my one year from 11/15/01 with 1 week extension.
A178 Any time spent here, will have to be subtracted from the one year. If you stay here too long, you may have to start one year all over again. 1 year one week outside USA.
Q179 I transferred my VISA from Company 'A' to Company 'B' and after having worked with 'B' decide to return to 'A'. Is it possible to return back to 'A' and start working on the old VISA? In case it can be done are there any legal procedures that i have to follow to return to 'A' in terms of adjusting my visa status again or whatever? Or can I start working with them right away just the way I was earlier. In case I intend to return to company 'A' do they have to run a payroll for me in 'A'.
A179 Yes. as long as company A has not revoked your H-1. You can start right away. There are no legal procedures as far as immigration law is concerned. Only after you join.
Q180 I am a H4 visa holder from India.Since the Social security administration does not issue social security number for H4 visa holders ,I am not able to get my drivers license,as the motor vehicle administration insists on SSN for issuing driving license.What are the options available for me to get drivers license.
A180 This is a real problem. But try looking into an alternative with the state Motor Vehicles Department. Some of them may permit you get some sort of temporary ID based upon which a license may be obtained.
Q181 Can I start labor certificate application before obtaining my H1 approval? Or is it necessary to have H1 approval before the LC process?
A181 You can start at any time.
Q182 I have a Masters in Computer Science from the US and I am currently on my OPT. MY OPT expires in August. I would like to apply for H4 since my husband is on H1. If I find a job as soon as I get my H4 visa, is it true that I cannot tranfer my visa to H1 for the first six months after I get my H4?
A182 That is NOT true. There is no time limit.
Q183 My wife is on H4.Her H1B visa was approved on Sept. 19th 2001.She went to India on vacation on 25th Nov. 2001.She entered back in USA on 11th April on original H4.Her I-797 approval has I-94 card at the bottom.So, in order to start working and to be on company's payroll, she does she need to go to Mexico to get the visa stamped.Or can she join the company and start working today. Will she get the stamping done when she visits India next time?
A183 Incorrect. If she reentered on H-4, after the approval of the H-1, she can NOT start work right away. She is back on H-4. To convert to H-1, she will have to apply to USCIS (INS) or go abroad, get an H-1 visa stamp and reenter USA on H-1.
Q184 Why is that the processing times during some months appear to slide backward, instead of going forward?
A184 The Department of Labor can often get flooded with applications above and beyond what they are capable of handling. During such times there back log naturally increases.
Q185 What if my H1 TRANSFER gets approved while I am in India.. Will I be able to come back and then quit my old company join the new one which I got H1approved. OR should I have to get H1- multiple entry in India?
A185 If your H-1 transfer is approved while you are in your home country, have the original approval notice sent to you. You will not need a new visa. When you enter USA, show USCIS (INS) the old visa AND the NEW approval notice.
Q186 What would happen when the condition is from H4 to H1 . Does this mean if we re enter again after having filed for change of status a whole new H1 has to be filed and the previous H1 becomes invalid?
A186 If you enter USA on an H-4 visa after H-1 approval, you ARE on H-4. There are only two ways to convert this back to H-1. Leave USA, get an H-1 visa, reenter on H-1 OR ESSENTIALLY apply for H-1 all over again.
Q187 Does an H-4 nonimmigrant alien continue to remain in valid nonimmigrant status as long as the principal alien remains in a valid nonimmigrant status?
A187 The status of the H-4 visa holder is dependent on the status of the principal H-1 holder. In order to be in status the dependent must have a valid I-94 at all times. Persons who are out of status at the time of filing for an extension, will not have their applications approved with USCIS (INS), unless they are able to justify late filing. If a person cannot justify a late filing of an extension, he will have to apply for his visa in his home country.
It should be noted that persons who are in unlawful status for significant periods of time (181 days or more) may be subject to new grounds for inadmissibility upon their departure from the US. Such persons are ineligible for nonimmigrant or immigrant visa issuance for three to ten years, depending on the length of the period of unlawful presence.
Q188 I am holding H1 visa and will be laid off on 12/17/02.My husband is holding H1 visa, and I will apply for H4. His H1 visa is from 08/01/02 to 07/31/05.What should be the beginning date and end date for my H4 visa?
A188 H-4 beginning date should be 12/18/02 (the day after you get laid off). End date should be 07/31/05 (the date your husband's current H-1 expires. (Posted on 01 November 2002)
Q189 My spouse has her H4 approval notice. (not her H4 visa). However her last name does not appear correct. Her last name has been stated as my first name. I want to make this correction. Can you please advice me as to what I should be doing? Should I write a letter to the USCIS (INS) describing to them their mistake? Will this take care of it or do I need to do anything special?
A189 If the mistake was made by you or your lawyer, you have to file an amendment, which is just like filing a new case. If USCIS (INS) made a mistake, they will correct it with a letter. (Posted on 08 November 2002)
Q190 My brother's visa was refused based on clause 214(b). What is 214(b)? And can we re apply?
A190 Hard to overcome. 214(b) rejection means the consulate thinks the visa applicant wants to live permanently in USA. Therefore, they will not give him a temporary visa (nonimmigrant visa). Only H-1 and L-1 visas are immune to this problem. All other nonimmigrant visas have this problem to some degree. So if your brother were ever to get an H or L visa, he should not have 214(b) type problem. (Posted on 18 November 2002)
Q191 I have a question regarding the counting of 6 years on H1 visa.Is it counted from the date of stamping (or) is it counted from the date of landing in U.S.? Its beacause I had my stamping on November 21st, 1997, but arrived in U.S. on Jan 12th, 1998.
A191 It is counted from the date of landing in USA. (Posted on 20 November 2002)
Q192 A friend of mine has misplaced her I 94 when they filed for the extention. Her husband's H1 with I94 and the kids I94 is intact. The copy of the application for the extension is with her.In case the husband is looking for a change in job, will this matter affect? How long will it take to get a duplicte I94?
A192 No problem. They can apply to USCIS (INS) for a replacement I94 (even as a part of an H-1 application). (Posted on 22 November 2002)
Q193 In the H1 visa application form DS156 there is a questiion-"Has anyone ever filed a visa petition on your behalf?" Do I answer "Yes" as soon as a labor petition has been filed as part of my green card processing, or only at a later stage of the green card process?
A193 Yes only if I-140 or I-130 has been filed. Otherwise, "no." (Posted on 26 November 2002)
Q194 I am in US on an H-4 visa. I recently got a job offer and the employer has filed for H-1b. The petition is pending for approval .I wish to travel abroad but my friends are of the view that one should not travel overseas if your petition is pending for approval.Please advise.
A194 When pending H-1 conversion from another status, it is best to not travel outside USA. But check with your own lawyers regarding the facts of your case. (Posted on 26 November 2002)
Q195 If the Board of Nursing issues a temporary licence, will USCIS (INS) accept the temporary licence, or do I have to wait for the actual licence?
A195 USCIS (INS) Regulations state : "Where licensure is required in any occupation, including registered nursing, the H petition may only be approved for a period of one year or for the period that the temporary licence is valid, whichever is longer, unless the alien already has a permanent licence to practice the occupation. An alien who is accorded H classification in an occupation which requires licensure may not be granted an extension of stay or accorded a new H classification after the one year unless he or she has obtained a permanent license valid in the same state for the period of the requested extension." (Posted on 26 November 2002)
Q196