rom the problem. I was hoping I can take a month or so off to recover fully. I was wondering if the BCIS (INS) would have a problem with that if my employer agrees to it.

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Q75 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.

A75 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.

Q76 Is there a limit to the number of applications (potential employees)that a particular company can file (H-1's) on behalf of ?

A76 There is NO limit on how many persons you can hire on H-1.

Q77 Is a SEPARATE "NOTICE OF ACTION" needed for the spouse and dependent children to get their H4 visa?(continuation to the previous question)

A77 No.

Q78 Are Canadian permanent residents eligible for the TN status as stated in the NAFTA agreement or is it limited to Canadian Nationals.(continuation to the previous question)

A78 Only citizens are eligible.

Q79 I am working at company X. I am being interviewed by company Y. If I accept their (company Ys) offer: 1) Can they (company Y) apply for an H1B while I continue to work at X? 2) Can I continue to work at X while the new H1B process is going on and switch over to company Y only after the H1B for company Y is approved? 3) If company X terminates my employment upon learning of my job offer at Y and if my H1B for Y is not yet approved - do I become an illegal alien or do I have some grace period.

A79 1) Yes. 2) Yes. 3) There is no grace period. All change of status and extensions must be filed prior to expiration or termination.

Q80 I have a question about getting an H-1 visa (stamp). I heard that in general, American consulate cannot deny H-1 visas to those who have BCIS (INS) approval (I797). Is it true? I am planning a trip to my home country (which happens to be China), and I want to apply for an H-1 visa there, together with my wife, who's applying for an H-4. Should I fear a denial? Usually what can be grounds for denial of an H visa?

A80 That is absolutely false. Consulate CAN deny an H-1 visa even though you have the BCIS (INS) approval.

Q81 I am working full time for a company A on a H1-B visa. I am considering changing jobs to work with company B. I of course do not wish to give up my current H1 visa before the new H1 is approved. I also do not wish to be out of status at any point. These are my 2 questions: 1. I have a 4 week notice period with my current employer. Are there are legal implications if I hold two H1-B visas for the overlapping period of @4weeks? 2. If for some reason the new H1-B application takes longer than expected, and I have to quit my present company before obtaining approval for the new H1-B, what status will I be in? How many days/months am I permitted to stay in USA in such a situation? A81 1) Under the current (March 1997) rulings of BCIS (INS), there is no problem in doing that. 2) You will only have 10 days grace period. But going on an unpaid leave may be an option (I am not sure how legally sound it is, but there is certainly an argument that you are still in status).

Q82 I am Iranian with H1B visa. I used to have F1 visa which was ONE ENTRY (as you know for all Iranian they issue one entry visa). I am wondering if I can obtain H1B MULTIPLE by any chance. And I heard it is possible to get H1B renewed by mail. I don't want to take a risk and go to Canada or Mexico. Maybe I don't get a visa to come back! So doing it by mail would be safer for me.

A82 Whether you can or cannot get a multiple entry Multiple may be totally beyond your control. This is governed by agreement between your home govt. and US govt.

Q83 I have been on H1 for about 5 years now. I heard that the Total Term of H1 for a person is 6 years. Is this 6 years for one company or total duration a person can be on H1? What are the options after this 6 years is over?

A83 6 Years for the person. An option is to change to another visa - B-1/O-1 etc. or go back to home country, come back after 1 year to recuperate another 6 yrs of H-1.

Q84 I was in F-1 status. Now I got H-1. Do I need to get a visa to validate H-1? Because I want to send my H-1 papers to my wife to get her H-4 visa.

A84 Several consulates around the world have been asking that you must have the H-1 visa stamp before they will issue H-4 to your spouse.

Q85 My question is: Can I leave my current job and what will be my status if: 1. I resign and the employer waives the 15 days notice period and terminates the employment ? 2. What happens if I am out of status for about 10 days or so. What are the implications ? 3. Is there a difference between H1 approval and getting the H1 ?

A85 The day you leave your first H-1 job (or are let go), is your last day of H-1 for you. BCIS (INS) no longer offers the 10 day grace period. If you want to rejoin your first job, you can still do it if the first H-1 is still valid and is not revoked by the employer.

Q86 I recently got married and got my wife here on an F-2 visa. My H-1 processing has recently been completed and I need to apply for my wife's H4. Her passport is still in her maiden name - should that be sent to DC to be updated or can I apply for her H4 anyway ?

A86 You can apply for her H-4 anyway. No problems.

Q87 My wife is currently on H4 multiple entry visa valid until 1998. She is planning to take a job, which could need her to change to H1 visa status when accepting the employment. 1) Can she go out of the country using h4 multiple entry visa and come back ? 2) What will be her status if she quits the job say after 6 months? 3) Will this change from H4 to H1 affect her immigration when I include her as my dependent during my I140 processing.

A87 1) Not after she converts to H-1. 2) Immediately apply for change of status to H-4. 3) No.

Q88 I will be coming to Austin TX to work for couple of year on an L1 visa. I am planning to bring my wife and my son along with me as dependents. I understand they will be getting L2 visas. I have the following doubts. 1) while in US, can I change my job from IBM to another company. ie. Is it possible to change from an L1 visa to H1B if I want to change my job. I hear that it is not possible. 2) My wife is a software engineer. Can she change her L2 visa to an H1B visa after coming there and if she finds a job. (with in a month or two after she reaches US).I hear that there is a min. period of 6 months as waiting period.

A88 1) Yes you can. It is possible to change from L to H. No problem. 2) She can. There is no real waiting period. But, just to be cautious, do not start looking for a job until she has been here for approx. 90 days.

Q89 Once an H1-B visa has been approved, is there a requirement that an employee has to join the company which petitioned for the visa within a certain time ?

A89 Generically speaking, there is no such requirement. Perhaps common sense is the best guide.

Q90 I was wondering if a person on a H1B visa can get paid on an hourly basis?

A90 Yes. As long as it is paid under W-2 as an employee and not under 1099 form as an independent contractor.

Q91 Is there any special requirement for stamping of second H-1B if first one (stamped one ) is not used.

A91 No special requirement.

Q92 I am a Canadian landed immigrant and I will be applying for my citizenship in July 1997. I believe it takes about 11 months for the administrative procedure. What I would like to know is... 1) As a Canadian citizen can I take up employment in the USA? what type of visa requirements will be applicable? 2) Do I have to wait till I get my citizenship card in hand or can I take up employment in the USA during the time my citizenship is being processed?

A92 1) TN or H-1. 2) H-1 is available even now.

Q93 I am a medical graduate presently on H-1 visa as a medical researcher. I understand that I can study on the H-1 visa. Can I do residency on this H-1 visa ? If no, why I can't ? Is residency not regarded as study ?

A93 You may do residency on H-1 ONLY if you have passed USMLE I, II, and III.

Q94 I have a H1-B visa from company-X which is valid until 1999 Dec. My Visa on my Passport expires on June 1997. Will i become illegal after June 1997, if I don't get my visa revalidated on my passport ? What is the grace period to get re-validated ? what are my options ?

A94 While inside the U.S., the validity of your stay depends ONLY upon I-94 dates. The visa has nothing to do with it. Only when outside the U.S., to reenter, you will need a current visa. Accordingly, if your I-94 provides stay for a longer duration, expiration of visa (a stamp by the U.S. consulate) does NOT render you out of status. Thus, all other factors being usual, your stay would be legal till 1999.

Q95 I am on an H-1B visa. I wanted to know if I can buy and sell shares on the NYSE and NASDAQ

A95 As long as these are personal investments, I do not see any problem.

Q96 Will an H4 visa get social security number ?

A96 No.

Q97 How important is this to a person.(continuation to the previous question)

A97 Depends upon what they want to do.

Q98 Is it possible for H4 visa person to look out for a job and get his H4 converted to H1-B or is it that if he does not have social security number he cannot look for the job?

A98 Yes. It is possible to look for a job

Q99 I had entered US on F-1 visa. During the first semester I got a job and changed over to H-1 status. Recently my wife went to Madras consulate for H-4 with all the relevant documents. But the consulate refused to give visa , saying that it is their policy that whoever had changed their status should have a valid visa in that status without any exception. As per my understanding valid status is good enough. It is a hassle for me to obtain a H-1 visa as it is only 5 months since I joined this job and it is difficult to get leave. I need your advise in the matter. If the above policy is a valid one I would go ahead and take visa. I need your clarification if there is any other way.

A99 Take visa. Difficult to fight.

Q100 I have a question. People on H4 visas do not get Social Security Numbers. But I got married recently and got my wife here on H4 and she wants to work. I was just wondering what is the procedure to get her an H1 Visa(Ofcourse this being after a company agrees to hire her). Is it still the normal procedure or do we have to do anything different (if so could you let me know that).

A100 Same procedure. Nothing different.

Q101 I am on a H1 visa and in the process of getting my green card (8 months through labor certification application).I am currently planning to start my own import/export business. However, I am not sure if it is legally OK to start a business while on H I. Please explain the actual legality to do so?

A101 It can be done only if you work in your own filed of expertise. It is possible to incorporate oneself and then hire oneself to your own corporation as an H-1 employee. One main consideration is that the work you do for your own corporation must be in the area of your own expertise. For example, a Software Engineer cannot start selling refrigerators for his own company while on H-1.

Q102 I have read through your FAQ on the alt.visa.us newsgroup. I am not clear on the issue of extending my H1B permit for another 3 years. Is it the same procedure as filing it for the first time ? What additional documents do I need to submit ? I would like to do it by myself, if it is straight forward.

A102 It is EXACTLY the same procedure as a new H-1.

Q103 I'm a frequent visitor of your web site. A friend of mine is an Occupational Therapist. He was on F-1 and when he applied for H1-B he got I797 approved indicating his visa status is H1B1? Is there any classification as H1-B1? or was that a typo. I would really appreciate if you can reply ASAP.

A103 Not a typo. H-1B1 is for professionals. H-1B2 is for models. So when we normally say H-1, we mean H-1B, or H-1B1 to be very precise.

Q104 I am currently on H1B. This is my third H1, although I did not join one of the companies I got my H1b from. I came on H1 on Jan15, 1992. so I am about to finish my 4 years on H1B. I have been on my current H1B for 10 months. I have following questions. 1. How many H1's can an individual get? Is there a limit and is it bad for GC process? 2. I have heard there is a limit of 6 years. But I am not sure if it is with respect a company's H1 or the total time spent on H1B in US? 3. I have started my GC process. If I don't get my GC approved by the end of 6 years, will I have to leave this country? At which stage my processing should be, at the end of 6 years, for me to continue staying here?

A104 1. No limit on no of H-1s and No effect on GC. 2. 6 years for you. Read the FAQ. 3. Might qualify for 7th year extension provided the I-140 is pending with the BCIS (INS) ( atleast receipt notice).

Q105 I am presently in the US on a H-1B visa. My company has just filed my LCA I am getting married in July and my wife would be accompanying me back on a H4 Would the filing of the LCA affect her chances of getting a dependent visa?

A105 No problem. I assume when you say "LCA" you really mean LC (labor certification). In either case, there is no problem.

Q106 A friend of mine is working for a company on a H1B visa. There is a rumor that he will be laid off by the end of April. He has decided to go back to school. But the nearest term he can apply for is Fall which starts in August. My questions are: 1. Is there a grace period for H1B visa? How long is it? 2. Will his status change to F1 automatically as soon as he get the I-20 from the university? If this is true, does it mean he is legal to stay until the semester starts? 3. Does he need to leave the country and get a F1 visa to re-enter if he does not get the I-20 during the grace period ? 4. If he is not laid off and the I-20 is issued, can he keep working on his H1B visa?

A106 1. No grace period 2. Not automatic. He will have to apply for adjustment of status after getting the I-20. The school should be able to guide. 3. Yes. 4. Of course not.

Q107 When a person changes from F-1 to H-1 and their spouse has been an F-2 - dependent spouse of F-1, does one have to file for status change of the spouse or does she automatically become dependent of H-1 visa holder.

A107 If staying in U.S. at the time, they must file for adjustment of stat