difference between F-1 and J- as far as converting to H-1 is concerned. People who are subject to HRR MUST either go back to their "home country" for 2 years before they can apply for an H-1 OR seek waiver of the HRR. The waiver can be really difficult to obtain in many cases and is time consuming process in all cases (4-10 months).

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A155 The time of H-1 is counted from the date you enter USA.

Q156 I had a small question regarding "change of status". If you were a student and used your OPT and then started working on a H1-B visa status and have completed around 3 years on it; and then you decide to go back to school for a Masters or Doctorate; when you graduate and decide to start working, do you get another year of OPT and do you get another round of 6 years for your H1-B.

A156 To reset the H-1 clock you have to physically leave USA for one year.

Q157 I am presently holding a H1B Visa - is there any time bar for me to land in the US ? (Given the present lull in the job scenario, my employer has asked me to wait till a job is available before landing in the US)

A157 There is no time limit.

Q158 If a person initially working for company A, leaves and joins company B and if B were to lay him off, can that person get back to company A if they have not cancelled the persons visa?

A158 Yes, the person can go back to company A provided that Compnay A did not revoke his H-1.

Q159 I am currently on a H1-B visa and my wife is on a H4 visa. At what time in the green card process would she be allowed to work?

A159 When you folks file I-485, usually Employment Authorization is issued within 90 days.

Q160 Myself and my spouse are both on H1B visa. Can both of us apply for the green card separately through our companies (different companies). Of course we will be mentioning that spouse has already applied. But is it allowed?? I though understand that if one of them gets the green card then the spouse automatically gets it. But still can both of us apply?

A160 It is allowed. No problem.

Q161 I am currently working in the US in H-1 status. My father recently expired. Since my mother would now like to spend more of her time in the US, is it possible for me to get her here on a dependent H-4 status? I am single with no dependents. My mother currently has a 10 year multiple entry tourist visa which expires in another 8 years.

A161 H-4 status is not available for parents. Sorry.

Q162 I am a H1B worker with company A. Can I legally work for a Company B thru 1099.

A162 No. Never.

Q163 a)I have a few questions regarding that. If the employer doesnt pay the salary because the person is not on a project then one has to go back to their home country. How much notice period is the employer supposed to provide? (I have 15 days on my offer letter) b)He has to prove the air tickets for the entire family?

A163 a)Immigration law requires no notice from the employer or the employee. If you have a valid contract, both parties are bound by it. If one party breaks (breaches) the contract, they can be sued. But law suits are expensive. Even the smallest law suit could run into thousands of dollars of legal fees. b)No. Only for the H-1 employee.

Q164 Is there a minimum salary requirements for an H1-B1 visa. Recently I was denied an interview for a position by a company, which mentioned that the salary that they could offer for the position would be below the minimum requirements for H1-B1. The position I had applied for was a Marketing Analysts position in San Jose. If there are minimum salary requirements, would you be knowing where could i look it up on the Internet or what would the minimum requirement be for a Marketing Analyst position in No. Cal? A164 There is a minimum wage that must be paid by the employer. This can be obtained from the DOL. Q165 Is H1 visa extension notice I-797 form enough for getting a H4 visa along with other documents. I don't have new visa stamped on my passport. My old visa stamped on passport was expired on march 25, 2001 and I got extension till 2-12-2004.

A165 There is no law that says an H-1 stamp is required to get H-4 visa. BUT as a practical matter, consulates almost always require the H-1 holder to get a stamp first.

Q166 Does the status change or is the H1-B status affected if the spouse uses her EAD ? Does the husband need to apply for an Advance Paroll if the wife choses to use her EAD even though he continues to work on H1-B?

A166 No. Wife's use of EAD has no affect on husband's H-1. No need for advance parole.

Q167 I work in the US and have my H1-B visa. My wife has her H4. She wants to work but does not have work authorization. She found an emploer who would like to hire her, but he did not want to apply for work visa for my wife, but said that when she will have work authorization she will be very welcome at this position. So the question is: is there any way for my wife to obtain a work authorization? How much it could cost? Is it possible to schedule an appointment to discuss all options? And how much will it cost?

A167 She can get H-1 or wait until your green card is in the last stage (I-485) at such time she will also get work authorization.

Q168 I hold H1B visa from August 1996. As per my knowledge, I can stay for 6 years on this type of visa. USCIS (INS) gave me extension this year and I was under the impression that it will be till August 2002. But the approval date came out till January 2004 (which is well beyond 6 years).

A168 You must plan on leaving as per your actual stay. We are not permitted to take advantage of USCIS (INS) mistakes.

Q169 My status is H1 Visa, my wife is canadian Canadiancurrently she is on H 4, and she is going to school, can she work as student with out any changes in her visa stautus? what are the suaitable action need to be taken so that she can work.

A169 On an H-4, a person can go to school. No problem. But if they want to accept benefits like assistantships, they may have to convert first to an F-1. There is no provision in law for an H-4 holder to work. They could convert to another status like H-1.

Q170 I had a query regarding my work status in the United States. If i am citizen or a permanent resident of canada, am i legally allowed to work in the United States.

A170 No you are not. You have to seek an H-1 and/or TN (for citizens only).

Q171 I already have a valid H1B VISA stamped on my passport. The employer is based in San Mateo California, the validity of my VISA is up to Nov 2003. Problem is they cannot invite me to the U.S. yet - meaning there's no job for me as of the moment. Can I go to the U.S. on my own using my H1B. I have some relatives there in California where I can stay. My plan is to look for another employer there and as I understand I need a new H1 VISA for the new employer. Will U.S. immigration allow me to enter with my H1 VISA? Are there any problem with this?

A171 If you enter USA, you must be placed on the employer's pay roll within 30 days or you will be out of status.

Q172 I am a H1-B holder and my current employer is sponsoring the Green Card processing for me. I recently got married, my wife is a Green Card holder. I she can also sponsor for my GC. With respect to processing time and difficulties involed, which is the best (faster and easier) way to go?

A172 Do both. You will get the employment based first.

Q173 I am an Indian national on H-1B. My current H-1B is valid until 04/10/02. Recently, I have renewed my passport. I was issued a new passport and the old passport was returned to me with a stamp stating: "Passport Cancelled VALID visas within this passport NOT cancelled". From this, I understand that my US visa with validity until 04/10/02 is still good as long as I carry my new and old passports. However, I would like to make sure that it is indeed valid for travel outside the US, since I am planning to go to India in Feb 2002.

A173 It is valid for you to travel outside the US. There is no problem.

Q174 I am here in H1 visa and want my parents to come here on H4. They are dependent on me and they dont have any job over there, means no other source of income. Can they be issued a H4 visa?

A174 H-4 is not available for parents. Sorry.

Q175 Does the law permit extensions beyond 6 years for H-1?

A175 Yes. Indefinite H-1 extensions in one-year increments can be obtained, if the I-140 is pending or approved (oe I-485 is pending) and the green card process was started a year ago. The GC process is started for: - Labor Certification based cases; when the labor certification is officially filed with the local office (SESA); and -EB-1 and National Interest Waiver cases; when the I-140 is officially filed withe USCIS (INS).

Q176 I came to USA in April 1998, my visa expired in October, 2000. But in June,2000 I changed my company and I got the new approval notice with new I-94. I talked to my attorney about, do I need to get stamp my new visa and he told me I don't have to do it unless I am travelling out of country. Is it true? Because when I talked to one of my friend, he said he read in the immigration web site that the person has one year time to re-evaluate his/her new visa

A176 Your lawyer appears to be correct, as is your friend. That one year is visa revalidation limit. But you do not have to revalidate if you received a new I-94 with the new H-1 approval.

Q177 I am currently on L1 visa for the last 6 months. I would like to know if it is possible to convert from L1 to H1 visa? If it is possible, should one leave the country and re-enter with the new stamp and can one start working immediately on filing H1?

A177 It is possible if you otherwise qualify. If you are maintaining appropriate status, you can convert without leaving USA.

Q178 I have lived in the USA for 5 years on H1 visa. Then I decided to leave the US on 11/15/01 and return to India. My objective is to stay out of the US for 1 year and re-enter.Is it possible for me to come to USA during the 2002 on visitor visa for a month to finish some pending personal ties. Do you think it will count towards my stay period or not? Also what if i want to want to visit on 4/1/2002 for 1 week. Do I have to restart my one year after my return on 4/8/02 or I can continue counting my one year from 11/15/01 with 1 week extension.

A178 Any time spent here, will have to be subtracted from the one year. If you stay here too long, you may have to start one year all over again. 1 year one week outside USA.

Q179 I transferred my VISA from Company 'A' to Company 'B' and after having worked with 'B' decide to return to 'A'. Is it possible to return back to 'A' and start working on the old VISA? In case it can be done are there any legal procedures that i have to follow to return to 'A' in terms of adjusting my visa status again or whatever? Or can I start working with them right away just the way I was earlier. In case I intend to return to company 'A' do they have to run a payroll for me in 'A'.

A179 Yes. as long as company A has not revoked your H-1. You can start right away. There are no legal procedures as far as immigration law is concerned. Only after you join.

Q180 I am a H4 visa holder from India.Since the Social security administration does not issue social security number for H4 visa holders ,I am not able to get my drivers license,as the motor vehicle administration insists on SSN for issuing driving license.What are the options available for me to get drivers license.

A180 This is a real problem. But try looking into an alternative with the state Motor Vehicles Department. Some of them may permit you get some sort of temporary ID based upon which a license may be obtained.

Q181 Can I start labor certificate application before obtaining my H1 approval? Or is it necessary to have H1 approval before the LC process?

A181 You can start at any time.