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A9 Yes.

Q10 Having H-1B visa with one company, can I work some where else also, like part time job ?

A10 You will have to get another H visa for the second employer. Note, you can simultaneously hold more than one H visa.

Q11 During the process of H-1B visa, suppose I get a better job what happens ?

A11 Apply for a new H-1B.

Q12 Should I wait for my H-1B approval before I join the new job?

A12 [this question is related to the previous question ] You must wait to get the second H-1B approved. H visas are employer specific but under the H-1 portability law, if you are currently working for an Employer A on H-1B, you can apply for an H-1 for another employer, say company B. Once you get your receipt notice for Company B, you can join company B on the receipt notice.

Q13 I am coming up on the second three year extension on my current H-1B visa. If I change employers 3 months into the extension, will I be able to use the remaining 2yrs 9 months with another employer on a new H-1B ?

A13 Yes you will, but you do have to get a new H-1B classification.

Q14 My H-1B is up for renewal after three years . It was received without the DOL Clearance that is required now a days. Will the renewal need such a clearance from DOL ?

A14 Yes, you will now need clearance from the DOL ( Department of Labor)

Q15 Is the LCA specific to a state? For example, can I take an LCA form from one state and fill it and send the completed form to another state?

A15 The forms for LCA are federal (ETA 9035). Therefore, they are the same all over U.S. The certified LCA itself, however, is valid only in the region where it is certified and for the job location it is certified.

Q16 My wife works on H1 work visa and her employer has filed for a greencard for both of us. At that time, I was on H4 visa. Now I am on F1 (student visa). Would it be a problem for me to get a GC since I am not an H4 visa? Do I need to change my visa to H4 so that when my wife gets her visa approved, I automatically get it with her?

A16 You do not have to be on H-4 status to get green card through your wife. You can be in any status.

Q17 I have a H-1B visa and I want to change jobs. Is it possible for my new employer to file for my H-1B without my original H-1B document which is with my present employer?

A17 Yes, you don't require the original H-1B document from your present employer to get a new H-1B. A xerox copy of the old H1 approval is sufficient (if at all needed) to file for a change of employer (Even though you have to go through the whole process of getting the first H1B approval).

Q18 How much is the fee for H-1B and H4.

A18 H-1B : Correct filing fee for filing an H-1 B under regular processing is $1130. Fore more information, please see our fees file here.

Q19 I did not get a "Blue" form with my H-1B visa approval notice. Why?

A19 BCIS (INS) has started using a new "Notice of Action" form. H approvals used to arrive on blue forms. They will now be arriving on white forms with a watermark of the statue of liberty and with the bottom portion being an I-94 to be cut and retained by the foreign worker in question. Incidentally, the new form is called an I-797A.

Q20 If my company is bought by another company is my H-1B visa still valid?

A20 MERGER & ACQUISITION The general rule regarding mergers used to be that if the employer A merges ALL assets and ALL liabilities into Employer B, then employer B can automatically take over all H-1's and green card applications. Nothing gets interrupted as long as the jobs and the geographical locations remain undisturbed. The same situation obtains when B buys A with all its assets and liabilities.

As of July 2001, we should be able to continue the green card/H-1 process without interruption if the new employer takes on all rights and responsibilities with respect to employment and immigration of the employees and the jobs remain unchanged.

Otherwise, all immigration has to be done all over again usually.

NEW DIVISION In case of creation of a new division within the same company, there is no problem, if the job locations, salaries and des criptions remain the same.

NEW ENTITY If an entirely new corporation or entity is created, we might have to start H-1 and green cards all over again for those employees who are sent to the new entity.

Please have an attorney look over your specific transaction. BCIS(INS) has been getting progressively more generous in their interpretation of the law. .

(Updated on 09/22/03)

Q21 I am full time employee at X on H1 visa. When I get new H1 for company Y, does the old H1 gets automatically canceled or is it valid till I actually resign from X?

A21 BCIS (INS) has recently given an opinion that unless the old H-1 is specifically canceled or invalidated, it continues to be valid.

Q22 If I get promoted do I need to get a new H-1B visa?

A22 Technically, you do need a new H-1. In real life, if the jobs are sufficiently close in des cription and responsibilities, I recommend that your employer just send a letter to BCIS (INS). Once again, do NOT make your own determinations. Seek an attorney's opinion.

Q23 Can I re-enter US if my multiple entry H-1B is denied in Juarez, Mexico or Canada?

A23 You need a visa to enter the US. You can no longer enter on a valid I-94.

Q24 I am currently working for IBM on my Practical Training under my F-1visa. The Practical Training expires in October. I have applied for my H-1 visa.I need to go back to India urgently for a short visit, however my lawyer says that I cannot go out of the US, once my H-1 processing hasstarted. Is this true?

A24 I am not certain why your lawyer said that, but it is NOT TRUE. While many applications are considered abandoned if you leave the country during their pendency, that is not true of H-1. The reason is that H-1 is NOT YOUR application/petition. It is your employer's petition.You can leave U.S. and upon obtaining approval of H-1, go to the U.S.consulate closest to your residence in India, take your approval notice and apply for an H-1 visa. Now, BCIS (INS) does not like it. I think there is a even a regulation that says you must inform BCIS about the visit. In my humble opinion, there is nothing stopping you. The only problem is that if you do not first obtain an H-1 visa you cannot be allowed back into USA as BCIS considers your adjustment of status (not the H-1) to have been abandoned.

Q25 What is the phone number of US consulate in Juarez, Mexico?

A25 Country code: 52 Area code: 16 Phone #: 13-40-48

Q26 What documents are needed to get a multiple entry H-1B visa?

A26 1. Passport with current I-94 2. H-1B approval form (*ORIGINAL*) [Form I-797] 3. Copy of H-1B petition form. Ask your company for this. The consulate in Juarez have recently begun suggesting to prospective applicants to bring attorney certified copies of the H-1B petition. 4. Copy of Form ETA 9035 or the Labor Condition Application [LCA] that was filed by your company. Ask your company or lawyer if this was necessary in your case. If it is, take a copy of the document that was given to the BCIS (INS). 5. Letter from your immediate supervisor stating that you worked for him and may need to travel abroad for official purposes soon and hence be granted an H-1B visa. It must be addressed to US consulate, Juarez. 6. Company verification letter from Human resources giving details like job title, pay date of joining etc. 7.Appointment letter from Human resources department. 8. Pay stubs or company ID. 9. Recently, U.S. consulates around the world have begun issuing machine readable visas (MRV) to protect against visa fraud. The cost of preparing these visas is $65 and is applied to nationals of all countries. In addition, the applicant is responsible for the reciprocity visa fee. For Indian nationals, the reciprocity visa fee is $75. Therefore, make sure to carry $140 in cash. 10. One Passport size photograph 11. Degree certificates [original + copy] 12. Make sure to take along with you copies of all documents filed with the BCIS (INS) on your behalf by your company. 13. Notarized or attorney certified copy of your entire passport including the page containing your H-1 visa. For more information on this FAQ click here

Q27 What is a good place to stay at El Paso?

A27 I stayed at the EconLodge in El Paso. They charge $34/night. You get a 10% discount if you are a AAA member (which I got).

Q28 Are there any good eating places near the EconoLodge?

A28 There's a restaurant called Elmers next door to the Econolodge. Ask the manager of the Econolodge for a card which gives you a 10% discount at Elmers. There's a good Indian Restaurant (for those who like ethnic Indian food) within 3 miles of the Econolodge. The food is good and the price is reasonable.

Q29 Do I need to have a Mexican Visa to go to Juarez?

A29 You do need a Mexican visa to go to the U.S. consulate in Juarez.

Q30 Any suggestions for dos and don'ts in Mexico?

A30 Do not drink the water in Juarez. Either carry spring water with you or sustain yourself with coke or fruit juices from the vending machines at the consulate and nearby restaurants. Eating food there is also not particularly advisable.

Q31 What is the best form of transportation from the El Paso airport to the Econolodge?

A31 The EconoLodge has a shuttle service that can pick you up and drop you off at the airport (915)-778-3311.

Q32 What is the best means of transportation from the Econoldge to the U.S. Consulate and back?

A32 A taxi driver by the name of Jesse Esparza (915)598-0204 offers the cheapest fare for round trip transportation from your hotel to the U.S. consulate. He charges $35 for a party of 4 or less people. He will pick you up from your hotel and take you to the consulate in the morning. On your way back you must take a Mexican taxi from the Consulate to the border. Do not pay more than $10 for the Mexican taxi service to the border. You then walk across the bridge and enter the U.S. side, clear the immigration and customs and then call Jesse Esparza again. He picks you up in 5min. Try to use the cabs as a group of 3 or 4 people. You can save a considerable amount of money this way. Also make sure to leave for the consulate early in the morning (a 4.30 am start from your hotel is helpful). The line is usually long.

Q33 Is there a fee for the multiple entry H-1B visa?

A33 Recently, the consulate started issuing machine readable visas (MRV). Consequently, the visa fee for Indian nationals is $140 up $20 from the fee of $100. I am not sure about the fee for other countries.

Q34 For how many months are the papers sent for H4 valid?

A34 The papers sent should be valid for 2 months. But, it is best to check with consulate where spouse/child will apply.

Q35 I have sent the H4 Documents. Now, if I change my job should I send a fresh proof of employment from my new employer to the consulate?

A35 In case of a new H1-B notification, it's better to submit the new H1-B notification and letter from new employer also as proof.There have been instances where the consulate has called the employer to verify claim of employment. In general, if the job switch over can be delayed for some time,wait till the visa is issued.

Q36 Is it possible to renew my multiple-entry visa stamp by mail?

A36 Yes, but note that this is only for renewal or re-issuance, not for obtaining the visa for the first time.

Q37 Which types of visa can I have reissued in this way?

A37 First step: you have to obtain the form to fill out, by writing to: US Department of State Visa Services P.O Box 952099 St Louis, MO 63195-2099