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Visa News

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.

Source: www.fhsu.edu

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.

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