The
technicalities of actually getting a visa could exhaust the most
energetic person.
Well what we provide you is, a minimum fuss method of preparing
yourself. Get all information about: How to apply?, What Documents
needed?, When? What? etc. A basic guide to getting and applying
for a visa, with the latest news. The only thing you would actually
need to do is stand in line!
H-1B
Visa's Q&A's
Q:
How Long is The H-1B Visa valid? A:
An H-1B visa holder is admitted to the U.S. for up to three years,
and may be extended for an additional three years for a total
of six years.
Q:
What is the H-1B Cap? A:
Congress authorized a maximum of 115,000 H-1B visas to be issued
during fiscal year 2000. The H-1B visa cap is currently scheduled
to decrease to 107,500 H-1B visas during fiscal year 2001, and
to 65,000 in fiscal year 2002. Please note that there is legislation
pending that would increase the H-1B cap and address some of the
problems associated with the annual H-1B cap.
Q: Can any job qualify for an
H-1B visa? A:
No. Only professional positions will qualify for an H-1B visa.
Q:
How do you define a professional? A:
The Immigration and Nationality Act, as variously amended, contains
a non-exclusive list of professional/specialty occupations.
Q:
What happens if I am working on an H-1B visa and I am fired or
the employer goes bankrupt? A: Your
status terminates. See an Immigration Attorney immediately to
ascertain if it is possible to change your visa status without
going "out" of a lawful immigration status and making yourself
potentially deportable.
Q: Does the H-1B visa function
as an INS Work Authorization? A: The H-1B is limited to
no specific work/employers. They are authorized on Form I-129,
which is filed by the employer to allow a foreign national professional
or party to be accorded H-1B status to fill that specific job.
Should the alien wish to work for another "professional" employer,
another H-1B visa must first be obtained to authorize such employment.
The requirement for obtaining another H-1B visa is "waived" when
an alien intends to work for only a portion of the day, or intermittently,
or part-time in a non-specialty occupation. Under no circumstances
will an H-1B be issued to a "non-professional" employee.
Q: What are the educational requirements
for receiving an H-1B? A: For professionals, or those
in specialty occupations, the usual "minimum" requirement is a
BA/BS degree at an accredited college or university obtained in
the United States or abroad. Any foreign education that is post
secondary must be evaluated by a credential evaluation service
that is deemed reputable by the Immigration and Naturalization
Service (INS). INS also insists on seeing original or attorney
certified copies of foreign/US diplomas and transcripts. All transcripts
and diplomas not in English must be "related" and relevant to
the professional job for which the US employer is petitioning
the INS.
Q:How
long will it take to obtain an H-1B visa? A: It varies nationwide (between
6 weeks to 3 months).
Q: If I have an H-1B visa sponsored
from an employer, can I quit the job and go to another job and
still be in a legal immigration status? A: No. You can only work lawfully
for a second employer if your second employer has already filed
for and received an H-1B visa approval for you to work in a qualifying
position for the second employer.
Q: Can I apply to the Immigration
and Naturalization Services (INS) for this visa? A: No. A United States employer
who has a professional position signs the documents which you
have prepared by an attorney specializing in Immigration Law.
The employer is called the Petitioner. You, the future employee,
are called the Alien Beneficiary.
Q: Is it lawful if I have an H-1B
visa for me to work at other non-professional jobs at the same
time? A: No. The H-1B visa Naturalization
Service work authorization document. The H-1B visa limits your
lawful employment to the employer who originally sponsored you
in the specific position for which you were petitioned.
Q:
Can my wife and single children under 21 get an H-1B visa with
me? A: Yes. They are given H-4
Dependent visas. However, although they do not have INS work authorizations,
they may enroll lawfully in school.
Q: What procedures are involved
in filing for an H-1B petition? A: First, the Immigration
Attorney must research the correct position title in compliance
with the Department of Labor (DOL) and then ascertain the "Prevailing
Wage" for that occupation in that geographic area (documents submitted
twice to the DOL). Next, the Attorney prepares a document for
the employer to post internally. The attorney then prepares documents
for the employer to sign which will be submitted to an INS regional
office, along with the earlier submitted documents sent to the
DOL.
Q: Will the H-1B visa ever give
me a "Green Card"? A: No. It is a non-immigrant
visa.
Q: Can a foreign national hold multiple
H-1B visas if her or she wishes to work on a part-time basis in
several jobs? A: Yes.
However, it is not lawful to begin looking for a second, third,
or fourth employer until the first H-1B has been approved.
This
Visa News is in collaboration with www.usvisanews.com.This
monthly bulletin will bring you the latest on Visa and immigration
news which will be India-specific.