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Q67 Please let me know as one of my friends has an H1B Visa from company X and he got the Visa stamped in New Delhi and is currently working in Singapore. He has an offer from company Y and they are in process to apply for his H1B. Can he cancel his VISA in Singapore or he may have to go back to New Delhi to cancel his Visa or can he apply for the change of employer asking company Y to do so.

A67 Tell him to apply for a new visa at the US consulate at Singapore.

Q68 Following the previous question can I become full-time employee at Y and then continue working for X part-time?

A68 Certainly, but you will need to file a new H-1 even for X, because if the old H-1 were approved for full time employment, the change to part-time requires a new H-1, UNLESS the old H-1 (with X) was for a range of hours (10-40 hrs./week).

Q69 Can a US consulate, OTHER THAN THE ONE MENTIONED ON THE "NOTICE OF ACTION", issue the H1B visa?

A69 Yes. It is the issuing consulate's discretion

Q70 I would like to ask you for an information about H-1B extension and re-entry. At present I am a worker on H-1B visa (granted as a change of status while in US) valid till June 1997. I have just received an extension of my contract with the present employer for another year (till June 1998). I plan to go to my home country for a visit next month. Q1:Can I apply for an extension of my H-1B for another year (till June 1998) in my home country with just current valid H-1B visa (valid till June 1997) and letter from employer confirming my extension for another year?

A70 No. H-1B extension must be first approved by BCIS (INS). Q2: What documentation will I need for an application/extension of H-1B visa in my home country? A: H-1B extension is almost the same thing as applying for a new H-1.

Q71 I have seen in your newsgroup that the maximum stay on H1B visa is 6years. I am currently on H1B visa, with another 3 years left, and am also doing my Master's program. Can I shift to a student visa (after my H1B term is done) and subsequently to OPT and then back to H1B? Or, do I just have to go back after three years? Please let me know.

A71 Any time NOT utilized on H-1 is preserved for future use. So you will still have 3 years left.

Q72 I am in the process of changing job. Right now my visa status is H1B. My spouse is on H4 visa. She recently accepted a job and applied for H1B visa. So my question is when I apply for my new H1B visa do I need to apply a H4 visa for my wife?

A72 No. She will have her own H-1. As long as you maintain status (does not matter with which employer), her H-4 is valid. The moment her H-1 is approved, she will then have independent H-1 status.

Q73 I went through the FAQ (for H visas) and understand that you can maintain multiple H visas. I am not sure whether this is specifically for an H1B or for any class of H visa (say an H4). My question is can my wife who has an H4 visa, apply and work part-time or even full time on a different H visa? How does this affect her H4 multiple entry visa (on her passport) and her ability to travel on it? And does a travel agent qualify as a specialty occupation?

A73 Your wife CANNOT work on H-4. She would have to get a new H-1 permission as well as visa. A travel agent probably does NOT qualify for an H-1.

Q74 I would like to seek your erudite opinion on a topic not covered by the H-1 FAQ. I am suffering from tendonitis on my forearms and find that my job as a programmer aggravates it. I am currently on a H-1 and hold an Indian citizenship. I am undergoing physical therapy etc to recover from 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.

A74 BCIS (INS) should not have any problems. This is a very genuine difficulty.

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