Immigration Law Forum - Part 1 of 2
THE IMMIGRATION LAW FORUM - A SERVICE OF THE INDIA NETWORK FOUNDATION Edited and Contributed BY SHEELA MURTHY SUBMISSIONS TO FORUM SHOULD BE SENT TO: [email protected] with appropriate subject line (be brief and limit your question to 20 lines). We publish answer to questions on every 1st and 15th of month to IMMNET list O N L Y For old and latest Digests, check out our WorldWide Web at http://indnet.bgsu.edu ** NEW ADDRESS **** gopher://indnet.bgsu.edu ** New *** ************Forwarding of Digests is Prohibited************ MESSAGES WITHOUT A SUBJECT LINE WILL BE RETURNED. __________________________________________________________________________ Contributions to maintain the IMMNET can be made by Check, payable to: "INDIA NETWORK FOUNDATION" and mail the check to: India Network, P.O. Box 556, Maumee, OH 43537, USA *************************************************************************** IMMNET Immigration Law Forum - Q & A from the LAW OFFICE OF SHEELA MURTHY e-mail : [email protected] web site : http://www.murthy.com/ ------------------------------------- Dear IMMNET Subscribers: In addition to responding to questions, our office will provide regular updated information on immigration issues every month. If you have a case specific question/situation on an immigration matter, it is advisable for you to consult with an attorney who concentrates in the area of immigration law. If you do not have an attorney and are interested in consulting with or using the services of the Law Office of Sheela Murthy, you may do so as set forth below: A. E-mail Attorney Murthy at [email protected] and her Office will get back to you at your e-mail address with details on how to engage the services of her Office. Please include your e-mail address in the body of your mail. B. Contact Attorney Murthy directly at 410-356-8830 in order to set up an appointment for a consultation M-F between 9AM-5PM EST. We do telephone consultations for people anywhere inside and outside the U.S. Immigration law is purely federal in nature. No State in the U.S. is allowed to pass any legislation in connection with immigration matters under the doctrine of preemption. **Our office can conveniently and efficiently represent clients on immigration matters located anywhere within or outside the U.S.** DISCLAIMER - PLEASE NOTE : Information in these mailings should not be construed as legal advice and does not constitute an engagement of the Law Office of Sheela Murthy. Any response by this Office to an enquiry or any information contained in the Bulletin is of a general nature and may not apply to a particular set of facts or circumstances. If you have a case specific question/situation on an immigration matter, it is advisable to consult with an attorney who concentrates in the area of immigration law. IMMNET is a public forum and its contents are accessible to the general public. The INDIA NETWORK is in no way responsible and cannot be held liable for any views expessed by participents or subscribers of IMMNET. Your subscribtion to IMMNET and your participation in any manner whatsoever in this Forum (including your reading the mailings) confirms that you have read and clearly understood the above contents and agree to be bound by it. **NOTE : Answers not reviewed for typographical errors.** Todays Subjects (These are taken from the Subject line of e-mails) advanced payroll advice Applying for HI CANADIAN WORKING ON "TN" Can a person in H1-B have assumed name for small business Can I bring my wife. Can I visit Canada and re-enter U.S.? Change of name! Changing spouse's visa status Contract clarification Converting H-4 to H1-B delay in labor certification. Duplicate I-94 F-1 denial in Toronto Family visa details request... Fathers passport expiring Firm in Child's name? For A Friend- FW: Change of status and expiration of E FW: H-1 Status - Legal Question Fwd: citizenship wait period GC for spouse and children GC Interview : INDIA EB-3 Category GC Priority Dates Clarification Going for H1 Visa twice Green-Card Reactivation (fwd) Green Card-Outstanding Rese Green Card for parent of a US citizen Green Card Interview Green Card issue H-1B visa H-1B Visa ( immediate advice appreciated) H-1B visa and ITAR H1-B1 H1-B Question H1-B Status Question H1B multiple entry visa questions H1B Multiple Visa H1 B visa question H1 related issue H1 Visa H4 - H1. Is multiple entry valid? H4 to F1 status change H4 VISA Help needed on LC on 'Notice of Findings" Hi B stamping How long can I be on H-1B status? H Visa category question I-130 Petition for Alien Relative I-485 Question. I-824 and H-1B? Immediate relatives Immigration Immigration - Green Card question immigration question Immigration question! Immigration Reform Bill IMMNET BULLETIN OCT96 - 5 of 5 Implications of attending ESL classes on Is it necessary to get married? j1-j2 status J1 to F1 conversion (fwd) J1 visa expired... Labor certification status info. Loss of Passport and I-94 (Help needed) Multiple Entry visa through Mail Need for multiple entry visa New H4 New Immigration Bill and Naturalized Citizens practices in consultancy companies Priority date for Green Card.. Query (2 msgs) Question about H-1 Question about Hawaii Question about how an alien can start a business in the U.S Question on "out of status" question on Aliase names for H4 Visa Question Reg. I-485 Questions about GC processing Questions about the wrong entry on I 94 Questions related to L1s & H1s. Re-applying for EB-1 with approved EB-2 based I-140 in hand REg. I-485 pileup Request for information Response time of INS Section 245 (i) deletion from new law. Status of baby born to an H1b Status of F1 Visa Studying CPA while in H-4 status Transfer of schools Travelling on H1-B multiple Visa Visa cut off dates for green card Visa expiring before H1 status Visa requirement for Canadian landed immigrants visitors visa Visitor Visa By mail Visitor visa question Visit to Mexico Waiver and Nonwaiver Cases What a great service? What does "become current" mean? Work authorization-Another Interview? Working outside US with H1B. ---------------------------------------- Date: Thu, 03 Oct 1996 11:37:53 -0500 From: Prashant Waknis <[email protected]> Subject: advanced payroll Hi Let me be honest to you... (of course). And I have searched faq and have not found this question. I am planning to go to India to get married. I am in a process of getting green card and have already filed I-485. I am planning on getting the advanced payroll visa to come back to US. My understanding is: Once I come back to US, I can apply for adjustment of status for my wife before I get my green-card. Then, once I get my green-card, some documents need to go to India (Bombay, in my case). Then there will be wait (I am told - approx. 6 months). Questions: 1. If I get advanced payroll for any other reason than marriage, can I get married? Will I be questioned when I file for adjustment of status for my wife? 2. How much wait is really there before my wife can come to US after I get my green card? (My friend says "6 months approximately") 3. How would I proceed enquiring about the wait mentioned in question 2? Thank you very much. Really really appreciate the help. Prashant Dear Prashant: Generally, the advance parole is a parole to obtain an advance or prior to obtaining the green card. It has nothing to do with payroll or funds. In connection with your questions, please note that as long as you're going for any legitimate or personal or business purpose, you can certainly accomplish other goals at the same time. As far as I know, there does not appear to be any prohibition in the law to get married if you are going for personal or business reasons. Generally, the consulates in India take approximately 6-8 months to process the green card after you obtain the stamp in your passport. You could certainly check from the U.S. Consulates by calling the appropriate consulate from the U.S. itself in connection with time or when you are visiting India. Regards, Sheela Murthy ------------------------------ Date: Mon, 30 Sep 1996 14:21:04 -0500 (EST) From: [email protected] Subject: advice Hello! My anme is Rajashree Datta and I am a freshman at Amherst college. I am an international student from India studying on an F-1 visa. I know that we are allowed twelve months of practical training in the United States. Do you think it is advisable to go on internships and and use up these months of practical training? If I do,will it be really hard for me to get an H-1 visa when I want to work? I will be really grateful if you could answer these questions for me. Thanking you, Rajashree Datta Dear Ms. Datta: As an immigration attorney, it is my job to advise you of legal changes and at times to suggest practical options based on the circumstances of each case. Whether or not it is advisable for you to go on an internship and use up all your 12 months of your practical training is a decision that you will need to make based on the circumstances and details of your case. However, it is generally a good idea to keep some portion of the practical training aside so that a new employer will have the opportunity to review you and your work in case they are hesitating to sign the H-1B papers hiring you on a full-time basis for a period of 3 years. Regards, Sheela Murthy ------------------------------ Date: Wed, 2 Oct 1996 10:36:57 +0800 (SGT) From: Kapur S <[email protected]> Subject: Applying for HI Dear Sheela Murthy, I am planning to take up a job in US and have approached a no. of companies. One of the company is ready to apply for my H1, i.e. do all the documentation, but are asking me to pay all the fees. They would be giving me the address of their attorney who will help in filling all the forms. I am not feeling very comfortable with this as normally companies do all the processing. Can you forsee any problems i might get into. Also, once i am in US, after how much time can i apply for GC? Thanks and Rgds Kapur Dear Mr. Kapur: It is not uncommon for companies to file the forms subject to the employee being responsible/liable for all fees. It depends upon the attorney and whether he/she is prompt and knowledgeable in assisting his/her clients. According to existing law, because of the Doctrine of Dual Intent, a person on an H-1B can file for the green card almost immediately. Regards, Sheela Murthy ------------------------------ Date: Tue, 1 Oct 1996 15:04:25 -0400 From: Davinder Singh <[email protected]> Subject: CANADIAN WORKING ON "TN" My Heartiest Congrats. for this great service to everyone! I have couple of Q's : 1. I am a Indian born Canadian citizen, working on "TN", can I apply for GC while on TN, Because TN is renewable for indefinite period. If not, should I first get H1B & then go for GC? For GC they will still fill me under Indian Quota,Although I'm a Canadian citizen & how about my childrens who are born Canadians? 2. Can a Canadian establish any kind of business in US under "NAFTA" laws? 3. Can I, while on TN, do any kind of side business? 4. While on TN/H1B can I invest your money in Stock/Bond/Options markets? Thank you for your precious time & help. Davinder Singh Dear Mr. Singh: There is a potential problem for a TN person to file a green card because the TN status does not enjoy the Doctrine of Dual Intent since TN is considered a pure nonimmigrant visa, it is likely that the filing of an I-140, Immigrant Petition, would contradict the TN status and the following year you could be denied your TN visa. If your employer is willing to agree to file the H-1B, that may be an easier route. Since your children are coming within your classification, you would be subject to your waiting period. While you are on H-1B or TN, you can invest any money in any business venture of your choice. However, a person on a specific visa is only allowed to work subject to the terms and conditions of that visa also been approved by the INS and/or the U.S. Department of Labor. Regards, Sheela Murthy ------------------------------ Date: Wed, 02 Oct 1996 19:18:36 From: Ravi Balagurumurthy <[email protected]> Subject: Can a person in H1-B have assumed name for small business Is it legal to do business under assumed names when the person is in H1-B status. Please advise. Thank you. Dear Ravi: I am not sure that your question is clear but if you mean can a person who is on an H-1B status create a separate company or do any other business, generally, the answer is no because you will need to obtain INS and Department of Labor permission to do so. Regards, Sheela Murthy ------------------------------ Date: Sun, 29 Sep 1996 01:14:04 -0600 (MDT) From: Ashish Kale <[email protected]> Subject: Can I bring my wife. Indian immigration community is going to remember you throught their life for giving such a useful service. I have one very imprtant question to ask you. I have already filled my I-485. MY priority date is Mar 95 EB-3. Now I have EAD card. If I go to India and get married to my wife. Then can I bring my wife on H4 or any other sort of Visa. Your information is valuable for me. Thanks lot. Dear Ashish: Generally, your wife would be allowed to come in on a following to join (FTJ) status at the time that you get your green card by your sending the appropriate documents to the concerned U.S. Consulate in India. The only way that you could bring your wife back on an H-4 visa is if you are willing to withdraw your I-485 petition and revert back to your H-1B status but then you will lose your EAD card. Also, this method is not generally used because you will have to pay all the INS filing fees and other costs all over again and lose the EAD card also. Under existing law, this option may still be available, though it is advisable to discuss the details with an attorney. If you do not have one, you may contact our office. Regards, Sheela Murthy ------------------------------ Date: Fri, 27 Sep 1996 10:13:46 -0400 From: Hui-Chen Wu <[email protected]> Subject: Can I visit Canada and re-enter U.S.? Hi, I hold an H-1B status but without a valid U.S. visa. I wonder if I can visit Canada and re-enter U.S. Some told me that as long as I have I-94 and valid passport, it will have no problem to re-enter U.S. Is it right? I need advices on travelling with an H-1B status. Thank you. HuiChen Wu Dear Mr. Wu: It is possible to reenter the U.S. as long as you have continued to maintain valid nonimmigrant status in the United States throughout and have your valid H-1B papers with you. The attorney who processed your H-1B petition should have provided you the list of documents you need to take in order to obtain the visa at one of the neighboring country consulates like Canada or Mexico. Usually, it is the entire H-1B petition and the appropriate letter from your employer stating that you are an employee and to provide you the H-1B visa. In addition, if there any specific documents in connection with your specific case, you should discuss those with the attorney who processed your H-1B petition. Regards, Sheela Murthy ------------------------------ Date: Fri, 4 Oct 1996 15:34:59 -0500 (CDT) From: suja srinivasa <[email protected]> Subject: Change of name! Hello Ms.Murthy. You've probably answered this before and i must have missed it..My question is regarding my change of name after marriage here. My passport has my earlier 'last name', so also my credit cards and SS card etc..What is the procedure i should follow to have my last name changed to my husbands in the passport etc..Do i have to go to the consulate with the passport , marriage certificate etc? Thanks in advance sujatha Dear Sujatha: All you need to do at the present time is apply to the Indian Embassy/High Commission in order to change the name on your passport. After that, you can apply to change all the other cards like the credit card and the social security card with your new name or continue to have them until they expire by carrying your new passport and your marriage certificate to evidence the name change. In addition, please note that since name change has nothing to do with Immigration Law, it may be subject to state specific criteria and procedures for which you should consult with a state attorney in the state in which you are living/working. Regards, Sheela Murthy ------------------------------ Date: Tue, 1 Oct 1996 12:55:44 -0600 (MDT) From: "R. JOSHI" <[email protected]> Subject: Changing spouse's visa status Dear Ms Murthy, I am on student visa (F-1) and my wife is on dependent (F-2) visa. As per the regulations she is not allowed to take any kind of Job in U.S. What will she have to do to get a working status and what are the chances of getting it. Raman Dear Raman: The only way your spouse is allowed to work is if she's entitled to her own separate working visa based on her status, for example H-1B or green card application through an employer. Regards, Sheela Murthy ------------------------------ Date: Thu, 3 Oct 1996 05:09:57 -0700 (MST) From: Kishore Shenoi <[email protected]> Subject: Contract clarification Hi For a new emplyoment with a company (MRPII based software solution provider) based in Virginia, i have been asked to sign a agreement. With the clause mentioned below i have some questions 1. Can i leave this company and join some other company in the same kind of business? 2. Can i start a company of my own, on the same lines (ie. MRPII based software solution provider)? |******************************** The clause reads as follows .... Covenant against competition. Following termination of employee's employment with employer, whether volountary or otherwise, employee shall not engage in any business, either alone, with another, or on behalf of another, or provide any consulting service or other advise to any person that competes in any line of business engaged in by employer; provided, however, this covenant shall have force and effect only with respect to those lines of business for which employee had duties, responsibilities, or access to information during his employment by employer. The covenant set forth in this paragraph seven (7) shall have force and effect only for a period of two (2) years following employee's termination of employment with employer and only in the geographic areas in which employer conducts business at the time of termination. |*********************************** Regards kishore Shenoi Dear Kishore: As you know, our office concentrates in the area of U.S. Immigration and Nationality Law. We do not provide any kind of information or opinion in connection with employment-based matters because that is subject to both federal and state regulations and laws. You should discuss this with an attorney in the state in which you are living/working who concentrates in the area of Employment-based Law. Regards, Sheela Murthy ------------------------------ Date: Wed, 25 Sep 96 09:57:10 est From: [email protected] Subject: Converting H-4 to H1-B Hi, Thank you very much for your precious contribution to the Indian Community. We have recently come to US. I have a H1-B and my husband has a H-4. If my husband wants to work in US, is it possible to convert his H-4 to a H1-B. If it is possible what is the procedure to do it? If he gets a job, is it possible for ourself to get the H1-B done in case the company is not willing to do it. Also i would like to know the procedures and the documents required for sponsoring a Visitor's Visa to our parents. Thank you once again for your effort. Bye... Shree Dear Shree: It is not possible for you to file an H-1B petition without the help of a U.S. employer because the employer is the petitioner of the file and the applicant/employee is merely the beneficiary of the petition. Irrespective of who pays the legal fees, the most important issue is that the company has to be willing to sign all the appropriate forms and process the petition for the H-1B status. For a visitor's visa, all that is generally required is a letter inviting your parents along with the affidavit of support, Form I-134, showing your income and other assets so as to be able to support your parents during their visit. You can obtain this form by calling 1-800-INS-FORM. Regards, Sheela Murthy ------------------------------ Date: Fri, 4 Oct 1996 15:21:55 -0400 (EDT) From: Kannan K <[email protected]> Subject: delay in labor certification. Dear Ms. Murthy, I work in Ann Arbor, MI. My labor certification application for greencard reached the department of labor (Chicago) in January 96 and am yet to hear from them. Heard from friends that the process is very slow right now and that they are still processing applications from november 95. Do you know why it is taking so much time and when I can expect to get my labor clearance? Thanks for your time. Kannan. Dear Kannan: The Department of Labor in Chicago is at present backed up in its processing of its files. It is apparently taking so long because they have very few employees who are processing cases and the backlog is constantly increasing. Hopefully, with the new regulations and the meeting of the Department of Labor heads from all over the U.S., they are planning to do expedited processing of many cases henceforth. How it will affect those cases that are already sitting on their desks is still not determined. Regards, Sheela Murthy ------------------------------ Date: 03 Oct 96 17:01:40 EDT From: AS <[email protected]> Subject: Duplicate I-94 Dear Ms. Murthy: Thank you for your generous assistance in helping us with immigration questions. While returning from Mexico recently, I could not find my I-94. (On this visit, I was accompanying my wife who was getting her H-4). Since I had a valid H-1B multiple entry visa, I obtained a new I-94 without any difficulty after paying the $6 fee. I later discovered that I had removed my older I-94 and had kept it in my wallet. As a result, I am currently in possession of two I-94s both with valid expiration dates. Is there anything I should do with my older I-94? Sincerely, A Sinha Dear Mr. Sinha: You can keep both your I-94's with you and when you leave the country, you will need to submit it to the travel agent because you will be able to obtain a new I-94 upon your reentry to the U.S. There's really nothing that you need to do with it at this time. Regards, Sheela Murthy ------------------------------ Date: Thu, 26 Sep 1996 18:59:24 -0700 From: "Anand V. Samant" <[email protected]> Subject: F-1 denial in Toronto I recently applied for a F-1 visa in Toronto and was denied the visa. I have held a F-1 visa for almost 4 years prior to this and have already received one degree in this country. I am enrolled in a PhD program now and need to get a new multiple entry F-1 because my current F-1 expired in May 1996. However the consulate officer said that I am unable to prove that my intention is not to immigrate to the US. HE said I should apply for a F-1 visa from my home country. I have to be able to prove my social and economic ties with my home country. I will be visiting India in december and plan on applying for a F-1 visa in Bombay. Is there going to be some prejudice against my application in India because of the application rejection in Toronto? I asked the same question the the consulate officer and he said they had nothing negative against me. The only reason they denied my application is as I stated above. Please advise as to what this means about my application in India. DO i have to prepare specially for this interview? Are they going to make it extra hard for me to get the visa because they think I am trying to immigrate? I am right in the middle of my PhD and am fully supported by a research assistantship. I have a valid I-20 also. Thank-you, Anand Dear Anand: Based on the facts as you have explained it, it is very likely that you will receive your F-1 visa in Bombay, India. In the first place, if Bombay did have a problem or suspected your nonimmigrant/immigrant intentions, they could have denied you the F-1 visa in the first place. In your application, you will need to mention the fact that you had applied for an F-1 visa in Toronto and during the interview if you are asked the question, you will need to explain the truth, exactly as it happened. Hopefully, it should not in any way deter you from obtaining the F-1 visa as explained by the consular officer in Toronto also. Regards, Sheela Murthy ------------------------------ Date: Wed, 25 Sep 96 13:55:23 EDT From: "Mohanchandra P. Tavorath (GE Motors, Fort Wayne)" Subject: Family visa details request... Hello Ms. Murthy, I would like to convey my deep appreciation for the time you regularly take out to provide your services to the Indian community. I am posting this query on behalf of a friend who does not have e-mail access. Thanking you in advance for your advice. - Mohan The query is: The husband is working here with a finance company on an H-1 visa. The wife has an expired multiple entry H4 visa and since then has had a change of status to H-1. Can she get a multiple entry visa for her newly approved H-1 petition without having to go out of the USA? Actually, she does not wish to risk her present job if the US consulate in Madras takes forever! She was in the US for 3 yrs on H4 status prior to obtaining this change of status to H-1. Another complication to the scene is that her kid was on H4 status, attached to the husband's H-1. Now the husband wishes to resign from his current job, go back to India and come back on H4 visa status. The bottom line is - how do they get an H-1 multiple entry visa for the wife, and H4 visas (attached to the wife's H-1) for both her kid and husband, without having to leave the US? They would like to return to India in December for a vacation, but would also like to have all the visas valid so that they need not go to the US Consulate in Madras for the renewal/change of status. They all have appropriate I-94s till the end of '97, but none of them has a valid visa anymore. Therefore, is it advisable for them to delay going to India on vacation until all their visas have been renewed/status changed and can this be done in time by mailing their passports/papers to the US Consulate in Washington D.C? Do you know how long this process will take currently - I had heard it averages six weeks. I hope this query has not been too complex and that I have been able to describe the situation correctly. Thank you. End of query Dear Mohan: Thank you for your appreciation of our services. Previously, the spouse would have been allowed to obtain her H-1 visa from the U.S. State Department in Washington, D.C. However, according to their most recent position, she will need to apply for her H-1 visa from outside the country if she desires to travel and reenter the U.S. You may choose to go to one of the neighboring country consulates if they are not sure of how long the processing time is in Madras. Regards, Sheela Murthy ------------------------------ Date: Thu, 26 Sep 1996 07:12:15 -0400 (EDT) From: Yusuf Mohamedshah <[email protected]> Subject: Fathers passport expiring Dear Ms. Murthy My parents are planning to come to US in first week of NOV this year. They have five year multiple entry visitor visa. My fathers passport is expiring in April. Thus he will have less than five months to renew once he enters US. My question is: Will he be given the stamp of six months stay even though his passport expires in five months after his arrival. He cannot get it renewed in India before he comes here because the renewal application has to be made only about three months before expiration. Also once he comes here I will get it renewed. I would appreciate your reply. Thank you very much for your service to the community. Yusuf M. Mohamedshah Email Address: [email protected] on Internet Ph: 703-285-2090 (office) Ph: 301-474-3665 (home) LENDIS CORPORATION Inc 6300 Geogretown Pk Mclean, VA 22101 Dear Yusuf: It is probably a good idea for your father to apply for an extension of his passport prior to his leaving his home country so that he will be able to get the entire 6 months stamp on his I-94. Otherwise, it is likely that he may be able to obtain his stamp only for 5 months if the INS officer at the port of entry verifies that is only valid for 5 more months. Regards, Sheela Murthy ------------------------------ Date: Mon, 30 Sep 1996 10:18:05 -0500 (EST) From: Sekhar Cherukuri <[email protected]> Subject: Firm in Child's name? Can I open a firm and do businees by registering the firm in the name of my child born in the US? My status is H1 and my wife is in H4. If not, can I hire an Incorporater to do the same again on the childs name and have the discretion to use the revenues? Thanks Sekhar Dear Sekhar: Although you can invest money in another corporation or any other entity of your choice, you are not allowed to do any of the work or business unless you obtain prior authorization from the INS and the U.S. Department of Labor. Regards, Sheela Murthy ------------------------------ Date: Fri, 4 Oct 1996 10:54:02 -0500 From: Meena Hariharan <[email protected]> Subject: For A Friend- One of my friends had his approval through National Interest Waiver through without the labour certification process on May 12 th- He had filed I140 on April 22 nd of 1996. Currently his six year H visa period is over and he has no job- What is the procedure he needs to follow to get a work permit so that he can get a job ? He is not able to file for GC as there seems to be a two year waiting period for Indians- Kindly e-mail information about this situation to [email protected]. umn.edu Thank You very much for your valuable opinion- meena Dear Meena: If your friend does not have an employer and is not in a position to file the I-485 because the India numbers have backlogged, he will not be able to obtain an employment card through the approved national interest waiver. He will need to file a separate and new H-1B petition through a new job offer with a new employer. Regards, Sheela Murthy ------------------------------ Date: Tue, 24 Sep 1996 12:52 -0500 (EST) From: Anuradha Gopalakrishnan <[email protected]> Subject: FW: Change of status and expiration of E Ms. Murthy, Thank you for the opportunity to voice our concerns to you regarding Immigration laws. I have looked at all the answers provided by you in the Immigration Forums, but have not found any that match my case and therefore would like to seek your advice. I am on Post Completion Practical Training after completing my Masters in Dec 95. I am presently employed in Merck & Co. My EAD is valid until Jan 15th 1997. My husband is on a H-1 and his employer has applied for our green card and we have submitted our I-485 at the Philadelphis INS in mid June. We were hoping to have our green card around Oct, but according to the Visa bulletin, the Priority dates being allotted this month are prior to Aug 1994. Our priority date is Nov 9th 1994. My concern is that my EAD might expire prior to my officially getting a Green card given the backup. Therefore, I have heard that I can apply for work authorization after having applied for a change of status. Is this true and if so, what is the procedure involved? If you can give me details about what forms need to be filled and what supporting paperwork needs to be provided, I would really appreciate it. I would like to have this done by myself or thro my employer as we have already paid our lawyer huge amounts of money and I would like to be able an additional expense if I could. I am extremely grateful to you for your timely assistance. Rgds Anu Dear Anu: Thank you for your appreciation of our efforts. As you know, by law, we do not provide any legal advice on a case specific situation. We provide you general information and with that, you may need to figure out and obtain specific legal advice. Although many people think this is a technicality, according to law and according to our insurance carriers, we have to do it in the appropriate manner. You guys may have some great news for you. It is my understanding that on Friday when the new priority dates where just released, India priority dates in the second preference moved to November 22, 1994. Since your priority date is November 9, 1994, you guys should be able to get your green card by approaching the INS office if the I-485 file has already been reviewed. At any rate, even if there is a delay in the I-485 or the green card stamping, all you need to do is file I-765 with proof of your having filed the I-485 and you will be able to renew your employment authorization card for an additional year. I am sure that your lawyer can and should have explained this process to you. Regards, Sheela Murthy ------------------------------ Date: Tue, 1 Oct 1996 09:04:00 -0700 From: "Ram, Raman" <[email protected]> Subject: FW: H-1 Status - Legal Question Dear Ms. Murthy: This posting is on behalf of a friend of mine who is a computer science professional. He is currently employed with a company and is on H-1 status. Can he work on other projects as an independent consultant during his spare time for a different company and get paid for it. Is it legal. If it is, how is the source of income documented. Are there any procedures/forms to be completed. Does anyone know any information on this. Any legal pointers will be very much appreciated. Thank you in advance, Raman Dear Raman: Your friend who wants to work as a computer consultant for another employer is not allowed to do so until and unless he obtains a separate H-1B through that new company. A person is allowed to have 2 H-1B's with 2 different employers and both can be full-time or part-time jobs or a combination thereof. Regards, Sheela Murthy ------------------------------ Date: 03 Oct 96 12:16:49 -0700 From: Sanju Adarkar <[email protected]> Subject: Fwd: citizenship wait period Hi Ms Murthy, Appreciate your valuable service to the Indian community. I sent this message earlier on the net but was corrupted (according to Forum). 1. How much is the waiting period for getting a citizenship interview the day you file the application at the Philadelphia office (is there any office in Allentown, PA which is equal distance for me and is it any faster?) 2.How long after that for actual swearing ceremony? 3.At what point I can apply for my spouse's green card through my citizenship (she is on H-1)? How long will it take her to get the GC? Thank you Sanju Dear Sanju: I believe the answer to your question was already sent out to you via a separate e-mail message last week. Regards, Sheela Murthy ------------------------------ Date: Thu, 03 Oct 96 16:46:00 PDT From: GUPTA RAJESH /ASD/RMH <[email protected]> Subject: GC for spouse and children I am a green card holder living in India (on a two year travel document). I have applied for a spouse green card that is likely to mature in about three years from now. We are planning a family during this period. Will our children automatically get the green card, when my wife gets her green card? Rajesh Gupta email: [email protected] Dear Rajesh: The children will not automatically get the green card at the time that your wife obtains it unless and until you notify the consular officer about this matter. You would need to contact the consulate so that the children are mentioned on her passport at the time she goes for the green card interview. Regards, Sheela Murthy ------------------------------ Date: Tue, 1 Oct 1996 17:10:54 -0400 (EDT) From: Ram <[email protected]> Subject: GC Interview : INDIA EB-3 Category Hi Ms. Sheela Murthy, First I want to thank you for your services. It is very helpful and useful. I attended GC Interview on Aug'96. They Did not stamp on my passport because the visa number was not available. They did not take my original I-140. They did not take my I-94 and my Wife's I-94. What will happen when Visa Number Becomes available for the above category. I would really appreciate your reply. Thanks in Advance. Ram Dear Ram: When the visa number becomes available, the INS office can either call you in to stamp your passports or sometimes they will actually go ahead and mail you the green card directly to your address once the case has been finalized and processed. Regards, Sheela Murthy ------------------------------ Date: Wed, 2 Oct 1996 10:47:21 -0600 (MDT) From: Srinivas Jasthi <[email protected]> Subject: GC Priority Dates Clarification Dear Ms. Sheela Murthy, Thank you for the great service you are providing for Foreign Immigrants and specially Indians. 1) What are the LCA, I-140 and I-495 time periods for Denver, Colorado. 2) The Priority Dates concept is not clear. Could you please Clarify. If Mr. X has a priority date of December 1995 from Denver, CO. Suppose if some Mr. Y has a priority date of August 1995 from NY. Mr. Ys LCA is not complete by the time Mr. X's I-140 is done. Then will Mr. X has to wait to file his I-485 until this Mr. Y files for his I-485 (what happens if Mr. Y say's he wants to wait until another 6 months so that he can get married and file for I-485). 3) After One files for I-485, Can they get work-permit even though the quota for 1996-97 is full. 4) Whats E2 Category GC quota for 1996-97. Thanks and we really appreciate your help. Regards, Srinivas Dear Srinivas: I think you are getting confused between Labor Certification and LCA which is the Labor Condition Application for an H-1B petition. The time frames in the Denver, CO area have increased recently and become approximately 2 or 3 months for the I-140 and 4-6 months for the I-485. In your example, X does not have to wait for Y to file because it depends on what date is current on the day that the I-485 is filed. So, in your example, since neither date is current, neither one of them is allowed to file the I-485 or obtain the work permit. The November 1996 immigrant numbers have been released on Thursday evening (10/10/96). According to that visa numbers have moved for EB-2 category for a current priority date of November 22, 1994, we have been informed. Regards, Sheela Murthy ------------------------------ Date: Mon, 30 Sep 1996 10:38:12 -0700 From: Srinivas Vobilisetti <[email protected]> Subject: Going for H1 Visa twice Dear Murthy, One of my friend in India got H1 papers and also H1 Visa for a company X in US thru a company A in India. Now, he got H1 papers from another company Y also in US thru company B in India. He wants to join company Y but he got visa for company X. He wants to know what are his options? Are there any chances of his visa getting rejected if he goes to consulate again. Thanks, Srinivas Dear Srinivas: As we have explained before, if the earlier visa, even if it is with company X is still valid, he does not need to apply for a new visa at the consulate. He can go ahead and join company Y by showing the INS officer at the port of entry the new approval papers for the new company along with the previous H-1B visa stamp in his passport. If there is any confusion as to the dates or the validity of the visa, you should consult with an attorney. If you do not have one, please contact our office to set up a consultation. Regards, Sheela Murthy ------------------------------ Date: Tue, 1 Oct 1996 20:10:25 -0500 (CDT) From: Prachi Mehta <[email protected]> Subject: Green-Card Reactivation (fwd) Dear Ms Murthy, I am looking into the possibility of reactivating my green card which was forgone in 1980 on our return to India (my parents, sibling and I). I was still a minor at the time and was not part of that decision. My parents are presently in India but my brother and I returned to the US on a F-1 visa about 3 years ago. Are there special laws that exist for "green card reactivation"? Is this an avenue worth pursuing? Would really appreciate any advice/suggestions/tips on this matter. Thanks much, Prachi Mehta Dear Prachi: I was told that some files had been corrupted last time and accordingly our office sorted through it and each person was individually responded to. At any rate, the intention of your parents is imputed to you as a minor since in the first place, you got the benefit because of them and equally, you lost the benefit because of their decision not to pursue their green card status. Regards, Sheela Murthy ------------------------------ Date: 25 Sep 1996 11:20:16 U From: Kandipati Sreenivasarao <[email protected]> Subject: Green Card-Outstanding Rese Hi Ms. Sheela Murthy, I finished my Ph.D. a year ago. Right now, I am on H1B visa. I plan to apply for green card through Outstanding Researcher category. But, my job is right now temporary (post-doctoral fellow). My company does not want to sponsor me for green card now. The company may sponser me after couple of years. In couple of months, I plan to hire a lawyer and apply for green card through Outstanding Researcher category. Is it possible for me to get the green card even though my company would not sign any papers? Thanks Sreeni Dear Sreeni: It is possible for you to file under the extraordinary ability category or in the national interest waiver without an employer signing your petition. On a very regular basis our office has processed self petitioned papers for several candidates. However, as a technicality, the outstanding researcher category requires an employer but the other 2 do not. If you already have a lawyer in mind, your lawyer should be able to guide you through the process. If you do not have one and would be interested in using our services, please feel free to contact our office regarding the details and we would be happy to assist you to obtain your green card through the first or second preference categories. The advantage of the first preference of course is that at present there are no backlogs for citizens of India in that category. Regards, Sheela Murthy ------------------------------ Date: Mon, 30 Sep 96 14:01:19 PDT From: VinayaRS <[email protected]> Subject: Green Card for parent of a US citizen I have been a Green card holder for the past 5 years. If I become a US citizen will I be able to sponsor my father who resides in India for a green card. How long does this process take (from the time I apply to when he may get the green card?) . Also, can I initiate the green card process for him when he's visiting the US? Thank you Sincerely, Ravi Vinayak Email: [email protected] Dear Ravi: If you do become a U.S. citizen, you can certainly sponsor your father for the green card. From India, the process takes anywhere from 6-9 months depending on the backlogs at the consulate. If you start the process in the U.S. itself, it is usually less time but some states are taking as long as 8-12 months to process the I-485, Adjustment of Status. Regards, Sheela Murthy ------------------------------ Date: Wed, 25 Sep 1996 21:00:28 -0400 From: Bakulesh Adya <[email protected]> Subject: Green Card Interview Dear Ms. Murthy: Is it true that INS is considering scrapping of GC interviews for employer-based permanent residency programs in the future ? If yes, when is this likely to go into effect ? Thanx for your efforts and keep up the excellent service you are providing to the Indian community. Bakulesh Dear Bakulesh: INS has already implemented the program of avoiding green card interviews for most employment-based petitions in most jurisdictions. The INS has however reserved the right, in its discretion, to require a candidate to come in for an interview. Thank you for your appreciation of our services. Regards, Sheela Murthy ------------------------------ Date: Wed, 02 Oct 1996 10:39:00 +0000 From: Kiran Babu <[email protected]> Subject: Green Card issue Dear Sheela Murthy, Thank you very much for the wonderful service you are providing to us. This absolutely fabulous. I am a new subscriber to IMMNET. I have many questions relating to Green Card. Please answer them all. 1. My company's corporate lawyer hired another lawyer to do Green Card processing for me in NewYork State. He filled Form 750B and ETA 750 A based on my resume and job requirements given by my company. I signed them and sent back to the lawyer. He told that he has sent the forms to labor department. This happened in 1995 November. I have been checking with him and he says that labor department still did not see the forms. It is All most one year. Could you please tell me what is happening ?. Please tell me what are the procedures step after step and how much time approximately each takes and what are the Forms required to be filled in each step. Lawyer says that, I may attend for Green Card interview in 1997 fall. But by that time my H-1 B visa expires. What should I do ?. I don't have any plans to leave my present organization in near future. 2. During which period I can and I should not visit India ?. If I must visit India during the period which I should not, what should I do and how long I can stay in India ?. After getting a Green Card, how long I can stay in India and how frequent ?. If have to stay more than allowed period, what should I do ? 3. I am living with my family (wife and two children). Do we all get GC at same time ?. If dependants also get green card at same time, can I bring my mother here as dependant so that she can also get GC at the same time ? 4. I had a son last year. If I am correct, by birth he is a Citizen. If we go back to India for any reason and stay there forever, can he retain his citizenship and if not what can be done in order to retain the citizenship. This may not happen but I would like to know. Sheela, I am sorry, I am asking too much of information. I appreciate your reply. Thanks again. Kiran. Dear Kiran: Thank you for your appreciation. 1. In connection with your questions in New York, the Labor Certification does take a much longer time than in many other jurisdictions. The detailed step by step procedure of each step of the process should be explained by your attorney at the commencement of the Labor Certification process. Most good attorneys and lawfirms explain to their clients the general time that this process takes as well as the detailed procedures. Also, if you are eligible to renew your H-1B status for another 3 years, you should do so prior to its expiration. If the 6 years have been completed, you will need to discuss options with your attorney. 2. If you have an H-1B visa in your passport, you can travel as frequently as you like. Only after filing I-485, travel is not permitted without an Advance Parole. After you get your green card, under existing law, you can travel for a few months but if you wish to stay abroad for a longer period, you may need to obtain a reentry permit. 3. Your mother is not entitled to obtain the green card as a dependent of an H-1 visa holder. 4. Under existing law, your son is entitled to remain a U.S. citizen and when he reaches majority age, he can make that decision by taking a U.S. passport. Regards, Sheela Murthy ------------------------------ Date: Sat, 28 Sep 96 15:52:07 -0700 From: Bala Pat <[email protected]> Subject: H-1B visa My old H-1B visa expired on June 15th 1996, but my lawyer filed the new petition late due to delay in getting prevailing wage determination from DOL. My new petition is approved from 9/5/96 to 8/3/99 and the papers are sent to Vancouver. The new petition says that "petition approval does not authorize employment. When the workers are granted status based on this petition they can then work for the petitioner". The Canadian Consulate could not give me visa to go to Vancouver. I am in this pathetic situation now. Can you tell me what can I do to start working soon? Is there any way I can do this from here? Thank you in advance for your advise. Dear Bala: Under the new law which was just passed by President Clinton called the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, starting on October 1, 1996, a person who has ever been out of status will not be eligible to obtain a nonimmigrant visa from one of the neighboring countries like Canada or Mexico. They will have to go back to their home country in order to obtain the visa. You will need to go back to the country and to the consulate which has jurisdiction over your permanent home. Regards, Sheela Murthy ------------------------------ Date: Mon, 30 Sep 96 16:16:16 EST From: [email protected] Subject: H-1B Visa ( immediate advice appreciated) Sheela Murthy, I appreciate all your help that you are doing for the Indian Community. I am posting this on behalf of my friend who doesn't have access to Internet and would appreciate if you could send me a copy of reply to my address. My friend got an offer from Company A, they eventually agreed to do the paper work. So my friend filed (with out a lawyer) the required documents for H-1B and got it approved on 21st June 1996. Unfortunately the project was canceled and the company did not need his services any more and have written to INS on 27th June stating that he was no longer their employee. He received only one pay check. He got an offer from Company B, and he started the paper work by himself on August 8th and filed the application with approved LCA to INS on 27th August. Application returned back as he sent $20 more than the required fee. With the correct fee he re-submitted the application. And now the appln. returned back asking him for the most recent pay stub from the previous employee as part of status verification. The questions my friend has: 1. Has he lost his status during the course of changing companies? 2. How much time does one normally have once an H-1B is canceled by his/her company? 3. In case if he is out of status, what's the process of getting himself reinstated? 4. At this juncture is it advisable to submit the lone pay stub from his previous employer to INS? Please do answer at the earliest possible to you, and do send a copy to this address please ([email protected]) Thanks a lot Dear Sir/Madam: Thank you for your appreciation. In connection with your questions, please note: 1. Your friend has lost his continuity of valid status as soon as he lost his job with his previous employer. 2. One does not have any grace period once an H-1B is cancelled by the previous company. 3. Generally, the only way to reinstate status is to travel abroad, to the home country, in order to obtain the H-1B visa. This is required under the new law which was effective from October 1, 1996, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 4. He can go ahead and submit the paystub though it is likely that it will be satisfactory and he should not give the impression of submitting any kind of fraudulent paperwork. Regards, Sheela Murthy ------------------------------ ----End of Part 1 ---- **************************************************************************** Contents Copyright (c) 1995 India Network and Research Project, Maumee State University. All rights reserved. Material may not be reproduced or distributed without express written permission of the India Network Project Director, Dr K.V. Rao. ****************************************************************************