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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.
Source: www.fhsu.edu
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