Archive-name: us-visa-faq/part3
Last-Modified: May 30, 1994

Currently, the alt.visa.us FAQ is maintained by 
B.G. Mahesh [mahesh@evb.com]

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part3. To get the FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part3
in the body of the message.

Please see part1 of this faq for standard disclaimers.

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

                      H visa
                      ------

Q. Do I need to hire a lawyer for H-1B/GC?
A: [from B.G. Mahesh, mahesh@evb.com]
   Getting your H-1B should be pretty straight forward but now a days
   things are getting tough. One needs to know the various rules/laws
   of immigration. One must be ready to devote a lot of their personal
   time to get a H-1B/GC on their own.  In a nutshell, if you or your
   employer can afford a lawyer hire a lawyer.

Q. How much does it cost to hire a lawyer for a H-1B visa?
A: [from B.G. Mahesh, mahesh@evb.com]
   Anywhere between $800-$1500. I have known people hiring lawyers for
   just $800 and having a TOUGH time getting their H-1B visa because the
   lawyer was not very good. This doesn't mean all lawyers charging less
   than $1000 are bad and the ones charging > $1000 are good :-)

Q. Does the lawyer need to reside in the same city/state where I live?
A: [from B.G. Mahesh, mahesh@evb.com]
   NO! Most of the work is done by phone/fax [and email in few 
   cases :-) ] So it doesn't make a big difference where the lawyer 
   resides unless you are expecting complications which may require
   you to meet the lawyer personally. 

Q. What forms are needed for H-1B visa and where can I get it?
A: [from Philip.Tong]
   Form I-129H. You can get it from your INS office.

Q. Can I get a H-1B visa for a part time job?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes.
 
Q. Having H-1B visa with one company, can I work some where else 
   also, like part time job ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   You will have to get another H visa for the second 
   employers.  Note, you can simultaneously hold more than one H visas.

Q. During the process of H-1B visa, suppose if I get a better job
   what happens ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Apply for a new H-1B

Q. Should I wait for my H-1B approval before I join the new job? 
A: [this question is related to the previous question ]
   [from Rajiv S. Khanna, rskhanna@immigration.com]
   You must wait to get the second H-1B approved.  H visas are 
   employer specific.
 
Q: I am coming up on the second three year extension on my current 
   H-1B visa. If I change employers 3 months into the extension, will 
   I be able to use the remaining 2yrs 9 months with another employer 
   on a new H-1B ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes you will, but you do have to get a new H-1B classification.

Q. My H-1B is up for renewal after three years . It was received without
    the DOL Clearence that is required now a days. Will the renewal need
     such a clearence from DOL ? 
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   Yes, you will now need an LCA.

Q. How many days/weeks/months does it take to get a H-1B?
A:  [from B.G. Mahesh, mahesh@evb.com]
    This depends on the state you reside. Generally after your 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:  [Praveen Goli, goli@txc.com]

    H-1B : $70.00 [add $80 if you are changing to H-1B from
                   another visa] 
    H4 :

Q: I did not get a "Blue" form with my H-1B visa approval notice. Why?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]

    INS has started using a new "Notice of Action" form.  H approvals 
    used to arrive on blue forms.  They will now be arriving on white 
    forms with the bottom portion being an I-94 to be cut and retained 
    by the foreign worker in question.  Incidentally, the new form is 
    called an I-797C.

Q: If my company is bought by another company is my H-1B visa still valid?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   According to INS, if the successor company undertakes all rights,
   liabilities, assets and privileges of the previous employer - the H
   visas are valid even after the takeover.  In simple English, get an
   opinion from a lawyer in writing.  Otherwise, all H visa holders 
   could be out of status.

Q. Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico
   or Canada?
A: [from Pramod S. Badjate, badjatep@agcs.com]
   Yes you can. But you should make sure that you don't turn in your 
   I94 at the border while leaving US. Then you have to fill in a new 
   I94 when you enter US by showing your VISA and old I94. 


Q. What documents are needed to get a multiple entry H-1B visa?
A: [from Pramod S. Badjate, badjatep@agcs.com]
   1. Passport with current I-94
   2. H-1B approval form (* ORIGINAL*)
   3. Copy of H-1B petetion form (I 129) Ask your company for this. 
      It is very important because I know a friend who was turned 
      down since he did not have this.
   4. Copy of Form ETA 9035 or the Labour condition application that was 
      filed by your company. Ask your company or lawyer if this was 
      necessary in your case.   If it was, take a copy of the document that 
      was given to the INS.
   5. Letter from my immediate supervisor stating that I work for him and 
      may need to travel abroad for official purposes soon and hence be 
      granted an H-1B visa. It was addressed to US consulate, Juarez. This 
      was not asked for by the consulate official who interviewed me.
   6. Company verification letter from Human resources giving details like 
      job title, pay date of joining etc.
   7. My appointment letter that I had got from Human resources.
   8. Pay stubs or company ID.
   9. $100 cash.
   10. One Passport size photograph
   11. Degree certificates [original + copy]

   [from Rajendran Manohar, rmanohar@jupiter.saic.com]
   I had called the American Embassy at Juarez last week, and they
   said I should come with attorney certified copies of my original
   H1B application, in addition to everything mentioned above.


Q. What documents do I need for H4 visa when applying at US
   consulate ?
A:[From Mahesh Kumar Bagade, c23mkb@kocrsv01.delcoelect.com]
  Necessary papers for your spouse's H-4 visa:

  1) I-797 form (your H-1B working permit) : Original
  2) Letter of employment from the company you work 
     for with salary : Original
  3) A Letter addressing Consulate in favour of 
     your spouse visa: Original
  4) Copy of first 5 pages of your passport. : Notarized
     (Make sure that you have the copy of the page with 
     current valid visa.)
  5) Copy of the Marriage certificate : Notarized
  6) Bank statement [proof of money for supporting your spouse]
  7) A couple of your paychecks would be a plus point.
  9) Original passport of spouse
  8) Finally a $100.00 fees for the visa process.

Q: For how many months are the papers sent for H4 valid?
A: [From Srinidhi Murthy, srinidhi@treasfs.sbi.com]
   The papers sent are valid as for atleast 2 months.

Q: Documents for H4 have been sent. If I change jobs should
   I resend a fresh proof of employment from my new employer?
A: [From Srinidhi Murthy, srinidhi@treasfs.sbi.com]
   In case of a new H1-B notification, it's better to submit  the new
   H1-B notification and letter from new employer also as proof; there
   have been instances where the consulate has called the employer to
   verify claim of employment. In general, if the job switchover can wait, 
   wait till the visa is issued

Q: Can I renew my multiple-entry visa stamp by mail?
A: [Compiled by Michael Carroll, br.mjc@rlg.stanford.edu]
   Yes, but note that this is only for renewal or reissuance, not
   for obtaining the first one, and note that this is for the visa
   stamp in your passport that relates to travel permission.

   Which types of visa can have stamps reissued in this way?  The
   recording said E, H, I, L, O, and P.  One netter said also A and G.

   First step: you have to obtain the form to fill out, by writing to:
               Department of State
               Visa Services
               Room 238A
               2401 E Street N.W.
               Washington, D.C.
               Phone :  (202) 663-1225.

    You need to say that you want your visa (stamp) reissued, and 
    would like copies (specify how many) of the appropriate form, 
    which I believe is Form OF-156.  You must also enclose a stamped
    self-addressed envelope for them to send you the forms & instructions 
    in.  

    Second step: You should receive instructions along with the form.
    In summary, the things that need to be sent back to the above
    address are:
      1)  Your passport containing the stamp that's to be renewed;
      2)  The form they sent you (OF-156);
      3)  The original of your I-94, not a copy;
      4)  A copy of your petition approval (I-171C or I-797);
      5)  Letter from employer;
      6)  Another stamped self-addressed envelope with enough postage
          for the return of your passport (courier service could 
          also be used).
      7)  A check for the renewal fee [for H1B fee is $100]
    
    Six weeks is the normal processing time, or to allow that long.  

Q: What are the different types of H-1 visas?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   An H-1B classification is temporary (three years, extendable for 
   another three).  People loosely refer to H-1B as H-1.  So they are 
   the same thing.  The following variations exist within H-1:

        H-1A    Registered Nurse
        H-1B1   Specialty Occupation (Professionals)
        H-1B2   U.S. Department of Defense special visas
        H-1B3   Artists, entertainers or fashion models of national or
                international acclaim
        H-1B4   Artists or Entertainers in unique or traditional art form
        H-1B5   Athletes
        H-1BS   Essential support personnel for H-1B entertainer or athlete.


Q. What is the difference between Labor Certification and 
   Labor Condition Application? I do understand that one is for 
   H-1B and the other is for Green Card. Beside this, there must 
   be some other difference. What's it?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
   An LCA is a very abbreviated procedure.  It is merely a one page 
   form that is routinely certified by the department of labor within 
   7-10 days.  The labor cert. is a much more complicated procedure 
   that is not "routine."  It requires a lot more time and effort.

Q: It is widely understood that a job ad is required for Labor 
   Certification.  Some one told me that a job ad is also required 
   for Labor Condition Application but some others told me that it 
   is not necessary. What is the truth? If LCA required a job ad, 
   why is the job ad required one more time later on in Labor Certification? 
   What is the difference?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
   No job ad is required for LCA.  Only internal notices need to be 
   posted by the employer.  Additionally, within 24 hours of filing an 
   LCA, the employer is required to maintain certain documentation within 
   their own premises.

Q: What is the role of my academic degree in applying for the Labor
   Condition Applicaiton or Labor Certification? It is said that 
   at present only advanced degree (Master, Ph.D) can have good
   chance to get approval of the Labor Condition Applicaiton or 
   Labor Certification. Is that true?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
   For H-1, a Bachelors degree in a narrowly defined subject area is 
   sufficient. PhD has NO additional significance.

   For a labor cert., chances of success depend upon how many people can 
   qualify for the job.  If an ad is placed for a Bachelors degree, 
   chances are a lot more people will apply than would for a job that 
   require a PhD degree.  Plaese remember, it is not advisable to tailor 
   a job to suit your own needs.  If the employer asks for restrictive 
   requirements for the job, the department of labor will object to it.  
   Also, the higher the qualifications, the bigger the salary must be.

   It is NOT true that ONLY advanced degrees have a good chance of success.  
   There are a lot of variables that need to be considered.


-- 
B.G. Mahesh                     | Email: mahesh@evb.com
Software Engineer         |        mahesh@sett.com
EVB Software Engineering, Inc.  | FAQ maintainer of alt.visa.us
