Immigration Law Forum - Part 1 of 2
THE IMMIGRATION LAW FORUM - A SERVICE OF THE INDIA NETWORK FOUNDATION
Edited and Contributed BY SHEELA MURTHY
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IMMNET Immigration Law Forum - Q & A
from the
LAW OFFICE OF SHEELA MURTHY
e-mail : immigration@murthy.com
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 immigration@murthy.com 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
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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 <pvwaknis@fedex.com>
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: RDATTA@amherst.edu
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 <kapur@letterbox.com>
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 <dsingh@ford.com>
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 <RBALAG01@gnn.com>
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 <ashishk@usa.net>
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 <wuh@pecinc.com>
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 <suja@tyrone.wustl.edu>
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" <rjoshi@NMSU.Edu>
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 <peeyush@primenet.com>
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: srimathi_soundarajan@micnet.micusa.com
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 <kannan@iware.com>
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 <103074.365@CompuServe.COM>
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" <avs3@po.cwru.edu>
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 <ymshah@cais.com>
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: ymshah@tfhrc.gov 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 <az518@cel.cummins.com>
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 <harihara@biosci.cbs.umn.edu>
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 harihara@molbio.cbs. 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 <anuradha_gopalakrishnan@Merck.Com>
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" <RamR@alliedsignal.com>
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 <MADARKAR@us.oracle.com>
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 <GUPTA@icicirmh.icici.ernet.in>
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: gupta@icicirmh.icici.ernet.in
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 <ramch@soho.ios.com>
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 <sjasthi@uswest.com>
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 <srinivas@tcsi.com>
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 <pmehta2@uic.edu>
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 <kandipati_sreenivasarao@qmgate.anl.gov>
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 <vinayars@ccmail.apldbio.com>
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: vinayars@perkin-elmer.com
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 <adyabaks@dcibsd.com>
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 <PBN!PBN1!KBabu@pbni.attmail.com>
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 <bala@aloha.net>
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: vsrikakolapu@email.fpl.com
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 (vsrikakolapu@email.fpl.com)
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 ----
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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.
****************************************************************************