1. Documents required for H1-B visa stamping
The following originals and one xerox copy of each are needed:
2. Documents required for H4 visa stamping
Important Note:
Visa Stamping/Entry fee
This is $45 (RS 1870?) to be taken in the form of DD in favour of "American Consulate General, city_name". (E.g. American Consulate General, Mumbai) One for you and one for spouse (1 + 1)
Visa Processing fee
Fees would be 100$. That is Rs 4,300? Bring rupees in 100's with you. Similarly for your spouse. So total amount would be RS.8600. You can pay be cash or DD in favour of "American Consulate General, city_name". (Eg. American Consulate General, Mumbai)
US visa photographs
One Color Photo of size 36 mm X 36 mm (PP/visa size) in light background. It can got from Asiatic Stores, Churchgate, Mumbai. Here it takes less than an hour for getting the photos.
Procedure of H-1B Visa Stamping
Take your wife with you when you go for Visa stamping. Go together. Otherwise she has to go alone some other day and may have to face some problems.
a) How long you are going to be in US? - Say Visa period.
b) What's the purpose of your journey? -To accompany my husband, I am going on dependent visa.
c) Are u going to work anywhere? - No, dependent.
d) Who will bear the expenditure? - say company name
e) Where U will stay there? - Company Guest house.
Go and pay visa processing fees for you as well as spouse at another counter.
Can go out now. Could come and collect your Passport, Visa, & Spouse Passport after 4'O clock. Visa should have been stamped on Passport.
Guidelines for filling "NonImmigrant Visa Application"
Q 22. Do you intend to work in the USA? - If yes, explain
Yes, Going on H1 for working as Software Programmer
Q 24. Present Occupation - "COMPUTER CONSULTANCY"
Q 25. Who will furnish financial support, including tickets
- "Your US Employer's name"
Q 26. At what address will you stay in the USA
- " US Employer's Guest House address"
Q 27. What is the purpose of your visit - "WORK"
Q 29. How long do you intend to stay in the USA - "3 YEARS"
General Guidelines:
Foreign Exchange
Advised to carry approximately $500 in either traveler’s cheques or cash. For getting it Passport, visa, airline tickets, Indian currency in cash.
International Driver's Permit (IDPL) for 4 Wheeler
Advised to get one, as it is valid in most of the U.S. States for atleast 3 months.
Get all the details regarding assignment location, temporary staying arrangements before departure. Carry the company address, contact name(s), addresses, phone nos. in U.S., H1-B documents, passport with visa, foreign exchange, airline tickets etc. while traveling as a part of cabin luggage.
Transit visa
In case the flight is via Amsterdam a transit visa is required. Confirm with the travel agent/airlines/company.
Immigration clearance in U.S.A
During the immigration clearance at U.S., your address (in U. S) needs to be put in I-94. Check with the Company about the address to be put. Verify the I-94 for visa type and "admitted until date". This date and type should match with your visa.
Miscellaneous
Depending on the location of assignment, special clothing like winter clothes, suits/blazers, ties etc. may be required. Get information from the company well in advance.
It is recommended to bring certain minimum Indian Grocery. Check with the company about the existence of an Indian Grocery store at your assignment site. Accordingly you could balance the quantity.
At the U.S Customs, be truthful about the perishable items being carried (in case asked).
Last but the least, get the medical insurance for you and your family for a period for 45 days from New India Assurance - Requirements : A valid passport and about Rs. 2000/- per person.
Income Tax Clearance Certificate in India
List of Documents
Rs.20 Affidavit (Notarised or advocate)
Rs.100 Guarantee
Passport xerox copy
Returns xerox copy
Offer Letter of company
Original Passport + Offer Original
Format of Affidavit
I ________________________ son of ___________________ age of ____ residing at _______________________________________, working with __________________________________________ as an ____________________ since ___________ will be going to United States of America for the purpose of Software Development.
I have enclosed copies of my Form 2A Income tax return(s) filed for the last ___ year(s). I have also enclosed copies of my Form 16 giving details of income earned for the last ____ year(s). I have my Bank account at ___________________________ and my account number is __________.
I, further declare that :
a) I have no source of income other than my salary for the last ____ years. My enclosed Form 2A income tax returns filed gives details of the income tax I have paid during the same period.
b) I have no assets movable or immovable.
I hereby declare that whatever stated above is true and correct.
(Signature)
(Your Name)
FAQ’s
Other FAQs
Q: So what the heck is an "H-1B (or H-1)?"
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
I receive so many inquiries on this. So, here are some excerpts from
our files for you folks:
An H-1B classification is available, for a period not to exceed a total of
six years, to a foreign employee:
A. who will be incumbent in a temporary position ("temporary" is defined as that which is not permanent, or that which is for a definite term as opposed to an indefinite term);
B. who will perform services in a speciality occupation (Most professional jobs are classified as "speciality occupations");
and
C. on whose behalf the employer has obtained an approved Labor Condition Application (A Labor Condition Application serves, amongst other things, to ensure that the employer is not paying less than prevailing wages).
H-1B Visa (Procedure)
1. Obtaining Labor Condition Application ("LCA")
a. Obtaining Prevailing Wage Determination
We first need to obtain a prevailing wage determination from the local employment office that has jurisdiction over the geographical area of employment. Having obtained the prevailing wage for the offered position we will then file an LCA with Department of Labor.
b. Applying to the U.S. Department of Labor an LCA is an application to the U.S. Department of Labor ("DOL"), whereby an employer assures the DOL that hiring of a foreign worker would not be detrimental to similarly situated U.S. workers. DOL will routinely approve the LCA if it is completed and signed. The approved LCA will then be sent back to us for filing with the Immigration & Naturalization Service along with the petition for H-1B classification.
2. Filing with the Immigration & Naturalization Service ("INS") Filing with the INS entails submitting proof of the employee's qualifications and of the offered job conforming to the criteria explained above in this letter. Additionally, certain forms will be submitted describing the job and providing certain basic information about the employer.
Application to the INS is the last step in the H-1B classification process. On rare occasions INS may require further documentation to prove various elements of H-1B classification.
What is Required of the Employer
1. Maintaining Documentation
The LCA process requires that the employer maintain in its office a file containing documentation of various assertions that the employer will be making in the LCA application. One example of this documentation would be the prevailing wage determination that we obtain from the local employment office. Please note, we are not required to submit this documentation to the DOL, only to maintain it. I will describe this documentation in further detail before we file the LCA.
I may add that the employer's failure to comply with these procedures could lead to, among other things, money penalties and imposition of a ban on the employer against hiring other H-1B workers. The DOL has indicated that it considers the entire process to be "complaint driven." That is, unless somebody complains, the DOL will routinely certify all LCAs.
2. Other Liabilities
Under the regulations, if the employer were to dismiss the employee during H-1B classification status, the employer could be liable to pay the employee's return fair to his or her last place of foreign residence. Please note that this liability continues only during the H-1B status. Change of status to permanent residence or any other change of employee's status, absolves the employer of this liability.
Q: Do I need to hire a lawyer for H-1B/GC?
A: [from B.G. Mahesh, mahesh@mahesh.com]
[Modified by Rajiv S. Khanna, rskhanna@immigration.com]
Getting your H-1B should be pretty straight forward but now a days things are getting tough. One needs to know the various rules/laws of immigration. One must be ready to devote a lot of their personal time to get a H-1B/GC on their own. In a nutshell, if you or your employer can afford a lawyer hire a lawyer.
Most people who process their H-1 without legal help open their employers and themselves up to liability. Only 10% of H-1 processing is filing forms. Rest of the requirements exist in the background. The employer is required to maintain various items of documentation. These are not submitted to regulatory authorities, which is why most people do succeed in obtaining their H-1. If, however, there were an audit by the authorities, there could be major problems.
Q: How much does it cost to hire a lawyer for a H-1B visa?
A: [from B.G. Mahesh, mahesh@mahesh.com]
Anywhere between $700-$1500. I have known people hiring lawyers for just $700 and having a TOUGH time getting their H-1B visa because the lawyer was not very good. This doesn't mean all lawyers charging less than $1000 are bad and the ones charging > $1000 are good :-)
Q: Does the lawyer need to reside in the same city/state where I live?
A: [from B.G. Mahesh, mahesh@mahesh.com]
NO! Most of the work is done by phone/fax [and email in few cases :-) ] So it doesn't make a big difference where the lawyer resides unless you are expecting complications which may require you to meet the lawyer personally.
Q: What forms are needed for H-1B visa and where can I get it?
A: [from Philip.Tong]
[Modified by Rajiv S. Khanna, rskhanna@immigration.com]
Form I-129 and H Supplement. You can get it from your INS office.
Q: Is there any special requirement to get H-1B ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
Yes. Basically, You must have the U.S. equivalent of a Bachelor's degree in a specialized subject (such as computer science, economics etc.) and the job must require such specialization. There are many other requirements, but this is where you begin.
Q: Say, if my employer in US has got H-1 visa approval from INS, does that ensure that I can get H-1 visa ?<<Changed>>
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
Normally, yes. But there can be no guarantees. The problem most often encountered is that H-1 is approved for one job site, but the employee is working at another. Lately, we have been finding consulates creating many problems in addition to the above:
- Prove the employer can pay the wages
- Prove that the beneficiary is qualified for the job
Q: If my employer has got H-1 visa approval, can I apply for visa either in Korea or in Japan ? does that matter ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
You are normally best advised to apply from the country of last residence or home country. But as a practical matter, a U.S. consulate in a third country may give you the visa. It depends upon whether or not that consulate accepts H-1 applications from persons not connected with their consulate.
Under the 1996 immigration law, if you have ever been out of status, you will not be permitted to apply for a visa in a third country, unless you fall under certain limited exceptions. Some more details on http://www.immigration.com
Q: Can I get a H-1B visa for a part time job?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
Yes.
Q: Having H-1B visa with one company, can I work some where else also, like part time job ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
You will have to get another H visa for the second employers. Note, you can simultaneously hold more than one H visas.
Q: During the process of H-1B visa, suppose if I get a better job what happens ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
Q: Is there a fee for the multiple entry H-1B visa?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
Recently, the consulate started issuing machine readable visas (MRV).
Consequently, the visa fee for Indian nationals is $120 up $20 from the fee of $100. I am not sure about the fee for other countries.
Q: For how many months are the papers sent for H4 valid?
A: [From Srinidhi Murthy, srinidhi@treasfs.sbi.com]
[Modified by Rajiv S. Khanna, rskhanna@immigration.com]
The papers sent should be valid for 2 months. But, it is best to check
with consulate where spouse/child will apply.
Q: Documents for H4 have been sent. If I change jobs should
I resend a fresh proof of employment from my new employer?
A: [From Srinidhi Murthy, srinidhi@treasfs.sbi.com]
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 wait, wait till the visa is issued
Q: Can I renew my multiple-entry visa stamp by mail?<<Changed>>
A: [Compiled by Michael Carroll, br.mjc@rlg.stanford.edu]
[Modified by Rajiv S. Khanna, rskhanna@immigration.com]
Yes, but note that this is only for renewal or reissuance, not for obtaining the first visa, and note that this is for the visa stamp in your passport that relates to travel permission.
Which types of visa can I have reissued in this way? The recording said E, H, I, L, O, and P. One netter said also A and G.
First step: you have to obtain the form to fill out, by writing to:
Department of State
Visa Services
Room L701
2401 E Street N.W.
Washington, D.C.
Phone : (202) 663-1225.
You need to say that you want your visa (stamp) reissued, and would like copies (specify how many) of the appropriate form, which I believe is Form OF-156. You must also enclose a stamped self-addressed envelope for them to send you the forms & instructions in.
Second step: You should receive instructions along with the form. In summary, the things that need to be sent back to the above address are:
1) Your passport containing the stamp that's to be renewed;
2) The form they sent you (OF-156);
3) The original of your I-94, not a copy;
4) A copy of your petition approval (I-171C or I-797);
5) Letter from employer;
6) Another stamped self-addressed envelope with enough postage for the return of your passport (courier service could also be used).
7) A check for the renewal fee [for H1B fee is $100 may have changed]
Six weeks is the normal processing time, or to allow that long.
Q: What are the different types of H-1 visas?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
An H-1B classification is temporary (three years, extendable for
another three). People loosely refer to H-1B as H-1. So they are the same thing. The following variations exist within H-1:
H-1A Registered Nurse
H-1B1 Speciality Occupation (Professionals)
H-1B2 U.S. Department of Defence special visas
H-1B3 Artists, entertainers or fashion models of national or
international acclaim
H-1B4 Artists or Entertainers in unique or traditional art form
H-1B5 Athletes
H-1BS Essential support personnel for H-1B entertainer or athlete.
Q: What is the difference between Labor Certification and Labor Condition Application? I do understand that one is for H-1B and the other is for Green Card. Beside this, there must be some other difference. What's it?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
An LCA is a very abbreviated procedure. It is merely a one page form that is routinely certified by the department of labor within 7-10 days. The labor cert. is a much more complicated procedure that is not "routine." It requires a lot more time and effort.
Q: It is widely understood that a job ad is required for Labor Certification. Some one told me that a job ad is also required for Labor Condition Application but some others told me that it is not necessary. What is the truth? If LCA required a job ad, why is the job ad required one more time later on in Labor Certification? What is the difference?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
No job ad is required for LCA. Only internal notices need to be posted by the employer. Additionally, within 24 hours of filing an LCA, the employer is required to maintain certain documentation within their own premises.
Q: What is the role of my academic degree in applying for the Labor Condition Application or Labor Certification? It is said that at present only advanced degree (Master, Ph.D.) can have good chance to get approval of the Labor Condition Application or Labor Certification. Is that true?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
For H-1B, a Bachelor's degree in a narrowly defined subject area is sufficient. Ph.D. has NO additional significance.
For a labor cert., chances of success depend upon how many people can qualify for the job. If an ad is placed for a Bachelors degree, chances are a lot more people will apply than would for a job that require a Ph.D. degree. Please remember, it is not advisable to tailor a job to suit your own needs. If the employer asks for restrictive requirements for the job, the department of labor will object to it. Also, the higher the qualifications, the bigger the salary must be.
It is NOT true that ONLY advanced degrees have a good chance of success. There are a lot of variables that need to be considered.
Q: When employer fires an employee on H1-B visa for whatever reason, what will happen to the legal status of the person (employee)?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
Period of stay regulation:
[ 8 C.F.R. 214.2(h)(13)(i)(13)Admission(i)General(A) A beneficiary shall be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may not work except during the validity period of the petition.
As a matter of practice, INS has been questioning even one day's time out of status.
Additionally, they can ask that the employer pay for their one way air ticket to the country of residence.
Q: Can I submit a LCA, then resign and then stay in US legally? or do I have to wait till I get LCA certified, file a petition for H1 and then resign to stay in US?
A: [From Rajiv S. Khanna, rskhanna@immigration.com]
You can resign whenever you want, as long as you have another legal status (such as an F-1 visa). No restriction.
Q: Can someone on H4 take up an assistantship after being admitted to school based on the fact that he/she has applied for status change to F1 at INS?
A: [From Pramod S. Badjate, badjatep@agcs.com]
*No*. Some of the people who had responded to this said that proof of application for status change (to F1) is sufficient to start working part-time at school. However, the ISO advisor at my school and Mr. Rajiv Khanna (a helpful lawyer on net who can be reached at rskhanna@immigration.com) said that while you are on H4, work is not permissible. You have to have your F1 to begin work at school.
Q:I am already on H1 from X company and have an offer to work for Y company on part-time basis. My question is can I still obtain H1B
for that company. And would it have any effect on My green card processing which has not yet begun.
A:[from Rajiv S. Khanna, rskhanna@immigration.com]
You may do a part time H-1. For GC, there is no affect.
Q: I've seen people who have two H1 visas due to a change in job - now, my friend has a problem - she is in India and has a H1 visa for company A. She however has not been able to come here due to personal problems. If she were to seek a job from some other company B in the US, is it required that she must have used her H1 for A before B can process a H1 for her?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
There is no such requirement. She can go forward with co. B.
Q: I am currently on H1B for the past three years. Next year I plan to go to school full-time and hence will have my H1B converted to F1 student visa). It will probably take me a year and a half to get my degree. This means that I will have been on an H1B for 4 years and then on a F1 for 1.5 years. My question is, can I get another H1B after I come out of school? What will be the duration of that H1B? Since the maximum duration of a H1B is 6 years, will my earlier 4 years be counted, so that I might get a new H1B for 2 years? Or will I get a fresh H1B, unrelated to the one I have currently?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
You will get an H-1B for two years.
Q: How do I change my status from H4 to F1?
A: [From Pramod S. Badjate, badjatep@agcs.com]
There are two ways:
1. You can file for a status change with INS by sending in your application through mail. You will have to check with your ISO or INS about the forms and fees, etc. But this process of late has been taking a few months. If you have to join school by then, consider option 2.
2. Fly over to Juarez or some such place outside US and apply for F1. We did that in the case of my wife successfully a few days back. They will need I20, proof of financial support, etc. - the normal stuff required for F1. It was not a problem at all.
Q: What if my spouse has to go back on H4? (If I change a job, etc.)
A: [From Pramod S. Badjate, badjatep@agcs.com]
You can use the same process again to change your status.
Q: I obtained my bachelors in India and a masters in the US. If I have
a masters from the US, do I still need to show that my bachelors is equivalent to a US bachelors?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
No. Not if you have a relevant masters degree.
Q: My H1-B expires in July 1997. When should I file for my visa extension?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
You should file your request no earlier than four-six months before the
expiration. I would advise filing the request three months before the expiration.
Q: Is filing for a visa extension the same as filing a new H-1?
A:[from Rajiv S. Khanna, rskhanna@immigration.com]
The filing process is the just like filing a new H-1.
Q: Can we use the previous LCA in filing for an H-1 extension?
A:[from Rajiv S. Khanna, rskhanna@immigration.com]
No.
Q: I am currently on an H1-B visa and in the process of getting my
green card. Can I still apply for a DV-98 visa and if I do, will it affect my labor certification?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
You can apply for a DV-98 visa and there is no effect on the labor
certification.
Q: If an individual starts processing an H1-B through one company while working for another through an H1-B and leaves the current company before the new H1-B is approved, how much time can individual stay in the US?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
10 days.
Q: What is the individual's status during this time? What is a spouse's
status if on an H-4?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
Both individuals will be in status for 10 days.
Q: If a non-immigrant speciality occupation worker on an H1-B status gets another employment opportunity with another employer, what steps are required for the transition from one employer to another? What happens to the original H1-B petition? Is there a restriction on the employee not to start working with the next employer?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
A new H-1 is filed, except with a lower filing fee. The original H-1 stays
in tact unless revoked by the INS or the employer. The employee cannot work with the new employer until the new H-1 is approved.
Q: I am an H-1 wishing to start a company. Is it possible?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
Yes. Incorporate (open a company) and then apply for either a full-time or a simultaneous H-1 for your own company. There are a few conditions applicable.
First, you must be working in your own area of expertise. For example,
a Software Engineer may NOT open a company selling shoes.
Second, technically, your company must pay your wages even if the
company is not making any money. Remember that you cannot use your own company to get a green card.
Q: According to H1-B employment law, can an employer change the salary from the salary documented on H1 application? My employer is doing contracting business and paid me a lower amount the first month because it did not have any clients?
A:[from Rajiv S. Khanna, rskhanna@immigration.com]
It is illegal to do so unless the H-1 papers mention that the employee can be paid on a part-time basis. The employers are NOT permitted to
bench employees in this manner.
Q: How many H-1s can an individual obtain?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
There is no limit as to how many H-1s an individual obtains.
Q: Does the number of H-1 visas obtained by one person effect the green card application process?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
No.
Q: Can you have simultaneous H1-B (One full time and one part time
at the same time working for two different companies)? If so, is the six year period calculated for the multiple visas?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
It is permissible to hold many H-1's separately as long as the total period does not exceed six years. For instance, if you held one part time and one full time H-1 from 1/1/96-12/31/96, you have only spent ONE year on H-1. This is so even though you held two H-1 jobs simultaneously during this time. The jobs may be both part time or
one full and one part time. The number of hours worked is irrelevant
for this determination.
Q: What documents do I need for H4 visa when applying at US consulate ?<<New>>
A: [from verma@iaol.com Tue Jan 13 1998]
From: Deven Verma
Dear Rajiv,
The following are the documents that I took for My Wife's H4 visa
from Calcutta, India:-
1. All my H-1 papers, including a copy of what you had sent to the INS
2. A copy of the H-1 stamp on my passport - they asked her for my
passport, but the copy did the job
3. marriage certificate/ license (NOTE: a Marriage License in India takes about a month. I had an affidavit prepared which was signed by both my wife and me, and this worked)
4. Marriage photos - take all the photos of the important ceremonies
5. A letter from my employers stating my salary, my job title, and a general statement that I am very valuable to the company.
6. $20.00 application fee (in Calcutta, they need a draft for Rs 800.00
7. $100.00 fee after you get the Visa.
Q: My wife has an H-4 visa and she wants to work. She would like to
obtain an H-1 visa. Is it the normal procedure or does she need to
do anything different?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
It is the same procedure, no difference.
-----------------------------------------------------------------
Rajiv S. Khanna Voice: (202) 466-2113
LAW OFFICES OF RAJIV S. KHANNA
Email: rskhanna@immigration.com
1129 20th Street, NW, Suite 400 rskhanna@businesslaw.com
Washington, DC 20036-3403
Home Page: http://www.immigration.com
Apply for a new H-1B
Q: Should I wait for my H-1B approval before I join the new job?
A: [this question is related to the previous question ]
[from Rajiv S. Khanna, rskhanna@immigration.com] You must wait to get the second H-1B approved. H visas are employer specific.
Q: 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 a new H-1B ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
Yes you will, but you do have to get a new H-1B classification.
Q: My H-1B is up for renewal after three years . It was received without DOL Clearance that is required now a days. Will the renewal need a clearance from DOL ?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
Yes, you will now need clearance ("LCA").
Q: Hello Mr. Khanna. I have a question regarding LCA. 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?
A. [from Rajiv S. Khanna, rskhanna@immigration.com]
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.
Q: How many days/weeks/months does it take to get a H-1B?
A: [from B.G. Mahesh, mahesh@mahesh.com]
[modified by rskhanna@immigration.com]
This depends partly on the state you reside. Generally after your LCA, it should about 1-8 weeks to get your H-1B visa.
Q: 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?
A: [From many on the net]
[modified by Rajiv S. Khanna, rskhanna@immigration.com]
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).
Q: How much is the fee for H-1B, H4.
A: [Rajiv S. Khanna, rskhanna@immigration.com]
H-1B : Correct fee IF you are changing status (e.g. from F-1 to H-1) and applying for H-1 is $155. If you are already in H-1, the fee is $125 (For people already in the U.S.).
H4 : Many variables. Check with your lawyer or INS.
Q: I did not get a "Blue" form with my H-1B visa approval notice. Why?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
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 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.
Q: If my company is bought by another company is my H-1B visa still valid?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
According to INS, if the successor company undertakes all rights, liabilities, assets and privileges of the previous employer - the H visas are valid even after the take-over. In simple English, get an opinion from a lawyer in writing. Otherwise, all H visa holders could be out of status.
Q: I am full time employee at X on H1 visa. When I get new H1 for company Y, does the old H1 gets automatically cancelled or is it valid till I actually resign from X?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
INS has recently given an opinion that unless the old H-1 is specifically
cancelled or invalidated, it continues to be valid.
Q: Following question 2 can I become full-time employee at Y and then continue working for X part-time?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
Certainly, but you will need to file a new H-1 even for X, because if the old H-1 were approved for full time employment, the change to part-time requires a new H-1, UNLESS the old H-1 (with X) was for a range of hours (10-40 hrs./week).
Q: If I get promoted do I need to get a new H-1B visa?
A: [modified by rskhanna@immigration.com]
Technically, you do need a new H-1. In real life, if the jobs are sufficiently close in description and responsibilities, I recommend that your employer just send a letter to INS. Once again, do NOT make your own determinations. Seek an attorney's opinion.
Q: Could netters please provide some personal experiences of H-1 multiple entry visas from (Canada: Halifax, Montreal, Quebec City, Toronto, Vancouver ---- Mexico: Juarez)?<<Changed>>
A:
Hi Mr.Khanna,
Your FAQ was very useful for me. I am adding my experience in Halifax, Canada where I got my H1B visa on July 7,1997. I got the appointment through the 900 number. Actually, I could not get the apartment anywhere else(Toronto, Quebec city etc.) so Halifax was the only place. Also a thing to note is that, I was asked to call on a particular day(June 17) to make the apptmt for July 7th, but when I called that early morning, they were are taken up in all places except Halifax. So I guess they do not necessarily give away apptmts two-three weeks in advance.
The documents I had were LCA, I-797, the petition, I20s, I-94s, Apptmt letter, Degree Certificate, (I also had a letter showing my date of graduation just to show that I had finished my degree before my joining date), Pay stubs, EAD, Bank statement, Employement verification letter, OF-156 with photograph(on a light background), job offer letter, company ID, transcript from University.
They took all originals from me and made a copy of them I think, before they returned them. The visa officer asked me the dates in USA, where I was, what I was doing etc, my work and my period of stay in US. Then they took $100 + $20(processing fee) and gave me my visa. The whole process took a few hours only, so I got the visa the SAME DAY. Halifax was a small consulate with few people, but were very particular about the documents. I was there at 8:30 am when they opened the office and the processing started immediately. They were pretty courteous and prompt.
There is a garage for parking next to the Coxwell towers. There is a mall in the building, a hotel etc. etc. - the consulate is on the ninth floor. HALIFAX is a beautiful sea-side town, did a lot of site-seeing there.
-- Ashok ashok@zko.dec.com
[From Vijay Jagannath, srivij@nando.net]
Halifax
----------
Hi Mr. Khanna! Your FAQs proved to be very useful when we prepared our list of documents to appear for a H1-B and H4 visa recently in Halifax, Nova Scotia, Canada.
I am documenting my experience in Halifax 'because I didn't see anybody mentioning about appearing for any kind of Visas there. This
US Consulate is located on the 9th floor of Chateau Halifax (a hotel) in
downtown Halifax. The phone # is (902) 429-2480. The processing time for H1-B visas is 1 week. We appeared on 10th April 1996 and we submitted the following documents (may not be the same set for everybody!) as per the official's request:
1. Application form with the processing fee of US $20 each (H1-B&H4).
2. Letter from the employer
3. Passports
4. H1-B & H4 approval notice
5. Passport photos
They asked us to return after a week 'because they needed 7 days to check on the background and stuff. We reappeared on 17th April. There was a wait of a couple of hours before we ere interviewed. The official just asked me for my EAD and asked my wife about the date of the marriage, the reason for visiting Canada, etc. That's it! Our visas were approved and we had to pay US $100 each as the reciprocity fee. This varies based on the nationality. I reiterate, the list of documents that I have provided may NOT be the same for EVERYBODY. It's better to be equipped with more documents rather than repenting on the spot. This is a small Consulate. It's just a suite on the 9th floor. They issue visas only on Mon., Wed and Fri. between 8.30am-11.30am Atlantic Time (1 hr. ahead of EST). They are open to inquiries after 2pm on these days. So, if you have 10 days at your disposal, this is a beautiful place for vacationing also.
Montreal<<New>>
---------
Wed, 10 Dec 1997 16:35:21 -0500
(From a Netter)
Hi Rajiv,
Your FAQ site really helped me in preparing for my visit and interview .I successfully obtained my H-1B multiple entry visa in December of 1997.My experiences and observations are as follows.
Case : H-1B multiple entry after converting from H-4 to H-1.
I had entered the united states on an H-4 dependant visa and later my employer sponsored me for an H-1B.
Pre Interview :
1. I had to call the 1-900... number for almost a month before I could reserve an appointment. The entire process is computerised and you have to make sure you call punctually in order to get through. You will get a reference number. Note this number carefully.
2. Interview Date is given 2-3 weeks from the date of fixing the appointment. The consulate will post you an appointment letter .
3. Now-a-days one requires a Canadian Visa to gain entry into Canada. So if you decide to go to Canada for the multiple entry make sure you have a Canadian visa long before you are due in Canada.
4. If you are a married lady and entered the US on an H-4 stamped on your maiden name, and the H-1 petition is on your married name, make sure the name has been changed to your married name on your passport to reflect the same.
Documentation :
1.Original I-797 .(or, approved petition)
2.Copy of I-129 ( petition filed for H-1B)
3.Copy of Labor Form
4.Copy of latest pay stubs.(Carry all of them to be on the safe side)
5.Copy of degree evaluation done by your employer when filing for your H-1.
6.All original transcripts with copies
7.Letter from Human Resource stating your designation, salary, duration and nature of work.
8.Attested copy of marriage certificate (if Lady) .Take the original along with you too if you have it.
9.All your passports and I-94 along with the latest I-94.
10.Passport must be valid for atleast 6 months more than the date of expiry of H-1.
11. Letters of reference from your last job if any.
12.Offer Letter from your company.
13.completed application form
14.passport size photo
15.visa Fees.
16.Appointment Letter from Consulate.
The consulate opens at 8:30 AM. There is no numbering system so no point standing in Queue. At the security check you will be asked to show if you have the $20 processing fee. Without that you can't proceed further. After the security check we were made to wait in a room. You have to pay the application fee here and then take the elevator to the 19th floor. It opens on the other side. You will be first directed to one window where your papers will be checked and your name will be announced to meet the counsellor for the interview. He is
the one who will give/deny your Visa. If the Visa is approved, you have to pay the fee of $100 dollars in denominations of $20 or less, no coins accepted.
Questions asked :
Q: What is the name of your company?
Q: How many employees does it have?
Q: What is your role here ?
Q: What did you do for xyz company in xyz country before coming here ?
Q: What was your role in that company?
Note : The person interviewing you is highly qualified and knowledgeable. He/she will question you extensively about your field of work.
Also asked to see all my original transcripts, original marriage certificate and pay stubs. India is famous for document fraud so the consular will make sure the transcripts are not faked. The entire interview process took 10-15 minutes and mine was approved, although 4 people before me were rejected. Passport had to be collected next working day between 2.00 & 3.00 PM.
Suggestions :
1.Stay at the Travelodge in downtown Montreal on Rene Levesque. It's reasonable and takes less than 5 minutes to the consulate if you decide to walk down.
2.Take Some Canadian exchange. Very often the American dollar is treated at par with the Canadian dollar you might end up losing some foreign exchange.
3.Dress formally.(Avoid chewing gum :). The lady before me was and she was rejected)
4.Answer crisply ,politely and to the point.
5.Brush up on your French.
I hope the above information is helpful.
June 20 1996
[From: Saqueb Ali saqueb@jeflin.tju.edu]
-------------
Experience in getting H-1B from Montreal on June 20th, 1996
[by Saqueb Ali and Toufique Khan]
Getting H-1B from Montreal was a pretty interesting experience. First one need to get a Canadian visa. They require
- I-797 (original or copy)
- I-94 (original)
- Your appointment letter with the consulate
- US$40 (single entry) or US$65(multiple entry) cash only!!!
It is better to make appointment with the US consulate before taking the Canadian visa.
For all consulates in Canada, First obtain an appointment by calling1-
900-443-3131
US consulate at Montreal address:
1155 St. Alexandria (Between St. Catherine and Rene Levesque. )
Paperworks usually asked for:
1. Original H1-B approval notice (I-797)
2. Petition for H1-B, I -129 (copy)
3. Approved ETA-9035 (Labor Condition Application)
4. Original Degree and transcripts
5. Letter from employer stating the title, salary, job description, why need to travel etc. (should address to the visa officer at the consulate).
I got away with a letter from HR, stating just my status, title, salary and starting date.
6. Last I-20 (if applicable)
7. Employment Authorization Card (for F-1 practical training)
8. Pay stubs and ID
9. Completed application form (OF-156 which comes with the appointment letter) with one picture stapled
10. US$20 as visa application fee (cash only)
11. For Bangladesh nationals, no reciprocatory fee. Please verify
though.
12. Job offer letter
It is also a good idea to file a change in consulate location (if different from H-1B petition) with INS before going to that particular consulate. They might want to see that. No need to stand in the line as the appointment has already been made. We went there around 8:05 am. Around 8:15 we took the elevator to the 19the floor and paid the $20 application fee. Then we stood in another line gave the application form, passport, I-797 and whatever documents they asked for. They wanted to see the letter from HR, H-1B petition. Then me and my friend waited for an hour before our name was called. I was asked questions like where I work and what I do? The # of employees at my workplace. Wanted to see my degree, I-797, I-129, LCA, the letter from HR. He did not ask me any more questions. I was interviewed for only 2 minutes. The officer who took my friend's interview was pretty rude. My friend was asked, what is so special in him that he got the job right after graduation, and lots of questions regarding studies and work experience etc.......he was there for 10 minutes. One other person who was denied the H-1B was pleading to the officer that he was saying the truth. That only increases the suspicion of the INS officer. Be straight and concise. They also denied quite a few number of H-1B visas on the same day we went for the interview. The visa was given between 2-3 p.m. the next working day. We stayed at Travelodge which was only 5 minutes walk to US consulate.
Travelodge:
Reservations: 1-800-255-3050
Montreal Center; 50 Blvd. Rene-Levesque, Montreal Quebec.
Ph: 514-874-9090
-------------------------XXXX---------------
Montreal: US consulate phone # 514-398-9695
[Addition From Raghu, rraman@kcc.com]
Once the doors open at around
7:45am, people are made to sit in a room after security check. There is no numbering system in the room. Hence, it doesn't make much sense standing in line very early. After 8:30 am, you are allowed to take the elevator up to the 19th floor to the visa section. (Note: The elevator doors open on the other side when you get off!) Three counters operate simultaneously to check your paperwork. The officer I went to was quite rude and asked me a lot of questions. Some other people with me had a similar experience. One person was asked for his I-20 from school, EAD and all diplomas. Its best keep all the documents handy. However, some folks got off quite easy. The actual interview was quite simple. Just some questions about the kind of work I do etc. The passports are issued next business day between 2:00pm and 4:00pm. Overall, a good experience.
Places to visit in Montreal: Biodome, Olympic stadium, Mont Royale, Casino, St. Catherine St., Old Montreal etc., lots French cafes, old churches and historical landmarks.
Helpful hint when finding your way around : a little bit of French is very useful
Accommodation : Travelodge in downtown Montreal is walking distance from the consulate. Approx. Can $55/day.
Ottawa [OLD]
--------
Ottawa: I decided to go to Ottawa, but you have to call
and an appointment.
Address: 85 Albert Street, suite 805.
Tel: 613-238-4470 ext. 300.
It is very difficult to get them to talk to you, so you have to keep trying. I got them on Tuesday in between 2-4 p.m. Once you have the appointment, the rest is easy. H-1 appointments are made on Tuesday mornings only (8:30 am to noon). You need: passport, H-1 approval form, Photo, Job letter, Labor certification, pay stubs, $ 100 cash. The above items will be mentioned to you when you call to make the appointment. The visa is given to you on Wednesday at 3 p.m. Place to stay: I stayed at the Butler Motor Hotel, 112 Montreal Road (Tel: 613-746-4641). There are several Motels on the same street. The daily charge, breakfast, is $ Canadian 44:50/day.
Ottawa is a beautiful city and you will have enough time to check out the downtown which is pretty.
Quebec City [OLD]
-----------
Quebec City: US consulate phone # 418-692-2095. I believe that in For Quebec, starting from Nov. 1'94 anybody applying for visa needs prior appointment. Visa working days are Mon., Wed and Fri. If you are
granted visa, your passport will be given on next "visa working day".
---------
Where to stay in Quebec?
[from Kalpesh Sheth, ksheth@BBN.COM]
US consulate is surrounded by number of hotels/motels (chateau in French). Consulate is in old Quebec city and be sure to make reservation in the hotel, which is nearby consulate. Any thing in old Quebec city is walking distance. Avoid taking car to consulate if possible, because parking is rare (or you can park in one of the paid garage and then walk for 2 min.). I stayed at Hotel Chateau Bellevue(1-800-463-2617). It was right in front of consulate. Price was CAN$59/night. Other which are nearby are Au Chateau Fleur De Lys(1-800-567-2106), Le Chateau De Pierre (1-418-694-0429). For more details refer to AAA tour book on Quebec. Consulate is loc. at 2,Terrasse Dufferin, in downtown Quebec. Once your apt. day is over you can look around for cheaper deals.
------
How is the experience of getting H1 Multiple from Quebec?
from Kalpesh Sheth, ksheth@BBN.COM]
Very very friendly. When you fill up the form, one person will ask you different questions about your case and charge you US$ 20 right away visa processing fees. After that, you will be asked to sit down and wait for officer to call your name. He asked me different questions like how is it like to work with my company. What kind of products you have, what do you do etc. I gave him enough doze of buzzwords that he can't understand! Then he asked for my EAD card (may be just wanted to make sure my transition from F-1 to H-1 was without any holes :-)).
That's it!! He told me to come back on Monday (as my apt. was on Friday) to pick up my visa. They will charge another US$ 100 for visa. (Total cost of visa is US$ 100 + US$ 20 = $120)
Toronto
---------
[From: Sharma, Lalit, Sharma@po9.bb.unisys.com]
19 June 1996
F1 to Multiple H-1B from Toronto
-----------------------------------------------
I made an appointment through' the 900 number. got the date 2 weeks later on Friday, June 7, 1996 at 8a. Got this confirmation through' mail. Even though I had the appointment, that was just the permission to stand in line. So reaching there at 7.45a made me wait behind 125 people. My turn finally came at 10.30a. The guy at the counter asked a few questions: whether I was legally authorized to work, Transcripts, Degree, I-797, I-129, LCA. This took about 10 minutes. After this I ( and all others) was asked to wait for the second interview. They called out names for this one. This time, I was only asked how was this job related to my academic qualifications. (Showed my transcript). I have a MS in EE and am working as a Systems Analyst/Programmer. For the second interview, one of the person behind the counter is highly knowledgeable in various fields. So If you are a programmer and have a degree in Mechanical engineering, he will ask you all types of questions to make contact between your Mechanical engineering thesis and the programmer job.
Staying at Toronto:
Executive Motor Hotel (Kings Ave.) which is about 15-20 minutes walk to the consulate. cost is $45.00 Canadian. Just outside the Consulate on Queens Ave. is an Indian restaurant Babur's Restaurant which provides lunch Buffet. The passport was returned the following Monday at 3p. So had two days to discover Toronto: CN Tower, space museum, Bata Shoe museum, Univ. of Toronto, Eaton Shopping Center etc.
Toronto - 2
-------------
From: neiko@ix.netcom.com (Daniel)
[3 June 1996]
(been there last week-end)
1) Directions: from Detroit-Windsor (by car) take 401East (to London), when close to Toronto, take 427 South, then QEW (Queen expressway) East and exit York St., go North (for about 1/2 mile) and ask someone for the U.S. Consulate (it's on University Ave, pretty close from York St.). It takes about 31/2 - 4hrs from Detroit (depending how fast you drive)
2) Be there between 8:00 - 10:30, no matter when you get there, you're still looking at about 3-4 hours waiting. They'll ask if you have an appointment, if you don't have one, they'll give you the numbers to
call for future reference (in the U.S. is (900) 443-3131 and from Canada is (900) 451-2778) but they'll take you anyway.
3) Passports can be picked up the following working day, between 3:00 - 4:00pm.
Take all the papers you have, just in case, and enjoy Toronto, it's a beautiful place with an awful traffic (at any time).
Vancouver, Canada
---------------------
Date: Fri., 16 Aug. 96 10:24:36 PDT
[From: John Chung jen Hsu, johnhsu@eng.adaptec.com]
Hi Mr. Rajiv,
First let me thanks for your answer before I took off to Canada. The following is the experience I had for H1B and H4 visa application from
Vancouver. We took off last Wednesday (8/16) afternoon, arrived Seattle and I rent a car driving to Vancouver. I felt good for the immigration officer in the Canada border. Next day, Thursday, my appointment was 8:00am. The consulate in Vancouver arrange applicant to come in the time order. We paid $20 US dollar then went up to 20th floor to interview. It took us around 1 and 1/2 hour to wait. The officer ask me for I-797, passport, and diploma. She ask me how many non American worker in my group, when did I came in USA last time, and how long I have been in my company. Over all the process was smooth. At last, she tore out my old I-94 and told us to pick up passport next day.
Thanks for your help again,
John Hsu
----------
MEXICO
----------
Juarez - [NEW]
--------------
Vanishree Velichety
06/09/97 03:08 PM
Hi Rajiv,
Thanks a lot as I have benefited from your immigration web site and your help over the phone.
I am sending in my experience in Juarez, Mexico on 23rd May. I will not be repeating the detailed process as it is already available on the FAQ web page. There are some different things which I would like others to know. Now a days one has to take appointment for Mexico and the appointment number is the same 900 number on the FAQ page. Now a days one needs an Mexican visa to enter Mexico, this is also taken care by Victor Garcia. The fees he charges now a days is $25.00(Mexican visa)+$35.00 for the taxi. So, as soon as the appointment is taken one has to speed post the following to Victor Garcia's address, which one can get by calling his home (915) 564-3691 --
1. copy of the main passport pages -- which has name and picture
2. copy of the current visa stamp on passport
3. copy of I-797
4. Notarised Spanish letter -- Victor will fax a sample letter to you, if
you contact him.
5. Either ones appointment letter (with the consulate, which comes from Canada) or the appointment number which one gets as soon as appointment is fixed.
6. Date of your appointment, time does not matter as it is 10:00AM for
everybody!
The above documents helps him to get a Mexican visa for you.
List of documents which you carry is the most important as everybody else has also mentioned. List is already available on FAQ page. Only one suggestion -- take all documents related to your present and all previous jobs, all documents related to your studies and anything connected by USA. Now a days i.e. since past 2 months, most of the people who have been there seemed to get visa. Yes, before that for a few months it was very strict. But now, not too many go there. The day I visited this place only 7 foreigners were there and out of which 5 were Indians. All of us got visa except one but he was rejected due to lack of proper documents. One nice thing about the present appointment system is that you do not have to go to the consulate at 4:00AM and wait, you can reach that place at 10:00 AM i.e. 9:00AM El Paso time -- no more long Que. In the beginning one person takes the following documents (may vary slightly in different cases) --
1. I-797 -- original
2. Pay stub
3. Attorney certified copy of I-129
4. Attorney certified copy of LCA
5. Passport
6. Appointment letter
7. Application form + a passport size photograph
8. Letter from the company describing the purpose
9. W4
10. copy of degree certificate
Then you are asked to wait -- could be an hour waiting also. Then another person comes with all your submitted documents and calls out your name and interviews you. Sometimes, you might be asked a lot of questions but if you have supporting documents -- you got it! I am writing in short my experience --
Q: How did you get the present job?
A: Through an newspaper ad.
Q: How do you prove that you qualify for the job?
A: (As I have an Indian Eng. degree and Indian experience only) I just show him the "Education evaluators certificate" which says that my Indian Eng. degree is equivalent to US Eng. degree.
Q: Can you get fake degrees in India?
A: Not that I know of.
Q: But I think one can get it?
A: I don't know.
Q: How does these Education Evaluators evaluate the education?
A: I don't know, may be the syllabus.
Q: But I am sure they don't think about the fake degrees.
A: Silence.
Q: But just having degree does not prove that you are eligible for the job.
A: I show him my previous company's 3 yr. experience letter of India.
Q: (sees it for sometime) Anybody can type it and sign.
A: (Keeping a cool face and of course smiling)Anything can happen. I can only say that these are not fake, I cannot prove at this time that they are not fake but I have been working in USA for over an year without any problems which would have not happened if these were fake -- and if these are not fake then that proves that I am eligible for the job.
Q: How much do they pay you?
A: I showed my HR's letter stating the salary.
Q: Go to the cash counter and pay the money and get me the receipt right here. That is it and I was called at 3:00PM to collect the passport. When I went at 3:00PM, it took around 4:30PM to come out. We walked to the consulate and there it took us 3 and half hour i.e. around 7:30PM, I got my new I-94. After that you have to pay $6.00 and come out. It is better to book a flight back after 8:00PM as I missed mine. Best of luck and I hope this experience helps.
-- Vanishree
Juarez - NEW2
-----------
Experience 1997
[From Krishna Madakasira, krishna@3csoftware.com]
Dear Mr.Khanna, Let me thank you profoundly for providing very vital and useful information at your web site. We benefited a lot from the readings contained in H1-B questionnaire. I want to share my experiences when I (Actually we, me and my wife) went to Ciudad Juareez in Mexico. We took the following documents. I have indicated in the brackets whether they asked for the document or not by saying "Asked for" or "Not asked".
1. Original I-797 ----- [Asked for]
2. Attorney certified copy of I-129 ----- [Asked for]
3. Attorney certified LCA ----- [Asked for]
4. Employer's letters about the offer and why we need multiple entry H1-B. ----- [Asked for]
5. Original Degree certificates ----- [Asked for]
6. Pay slips ----- [Asked for one slip]
7. Fee in cash ($100.00 ( for visa ) + $ 20.00 (for MRV)) [ A must
of course ]
8.Check book ( If there is any emergency ...) ---- [Not asked]
9. Federal and State Tax returns ---- [Not asked]
10. Company Brochure ----- [Asked for]
11. Telephone Bill ---- [Not asked]
The interview process was a little bit thorough but cool. There were nearly 20 applicants ( 9 in Computer related fields and one Doctor). Everyone was granted multiple entry. But ... we witnessed some ragging. One of the consular officers was very rude and asked questions that are totally irrelevant. Here is the listing of the questions ( We could overhear)
1. Why did not you go back to your country after studies ? ( The most
pestered question)
( Ans : want to gain some experience)
2. Why can not you gain the same in your country ?
( Ans : Want to get aquatinted with the latest technology )
3. Do not you have latest technology in your country ?
( Ans : Yes, But want to get some exposure here in US before going back)
4. First question repeated .
(Ans : As I said I wanted gain some experience )
5. That is true. But still you could have gone back. Why did not you do
that ?
(Ans : Stood quiet)
6. Now the narration started : I know why you did not go back. You want to settle here. Moreover you can not get a job in your country. Write a letter to your government stating that they can not provide us jobs in India; that is why we are sticking here . With some strong language this went on for some time. The response from the candidate's side was "Just be quiet and keep listening ". At last he said, "Take your stuff out ". ( He granted visa while saying so) The above interview was repeated to two more persons.
Our conclusion : There is nothing to panic unless you have some missing documentation or were out of status. The consular officer knew that he would not be able to reject visa on legal grounds as all the needed documentation was on his desk. So we thought that he decided to harass just for the heck of it, although he granted visa eventually. Again, thanks for your tremendous help and wish you good luck.
Juarez - [OLD]
--------------
A little outdated
[From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
Ciudad Juarez (across the border from El Paso, Texas)
I made a pilgrimage to Ciudad Juarez[July 1994], Mexico across the border from El Paso, Texas. I was graced and granted a multiple entry H-1B visa a couple of days back. Almost all the people who applied for H-1B visas that day were granted the visa. The interview with the consular officer was less than 2 minutes. Although I was carrying extensive documentation with me, the officer only wanted to see the H-1B approval notice and my Ph.D. diploma.
Juarez - [OLD2]
--------------
17 July 1996
[From: shashi@silma.com (Shashi Mandagere)]
Here is a brief summary of my experience in Juarez(17th July):
I reached El Paso on 16th of July (night) and took a cab to La Playa Hotel in Juarez. The flat rate for cabs is $30.00. Checked into La Playa and ate dinner at Denny's, a block from the hotel. I would recommend everybody to carry a few (3/person) small water bottles from the US. I heard the H2O in Mexico is like the H2O in India(abundant in sand and micro-organisms). I committed the sin of keeping my water bottle on the table at the restaurant and I could see the waitress wasn't impressed. One can also buy water at a liquor store on the way to Denny's. Candy bars (heavy ones like PowerBars) are a good source of breakfast while waiting in the line. Stood in line around 4:30AM/after a dozen people got in line (Mondays and Fridays are pretty busy). Interview was routine and was out by 8:30AM.
Questions asked: Where did you graduate from? Can I see your degree certificate? Can I see the letter from your employer? (even before I took my degree certificate out). All were brushed aside even without a look. You will be told to collect your visa at 3PM (if you are approved). There is no need to get in line early at 3PM as the order does not matter. Got together with a bunch of guys and took a cab to the border. Got a new I94 and was back home in time to celebrate.
Tips:
------
I would strongly recommend checking the weather in El Paso and equipping accordingly. It rained cats and dogs on the day I went (even though it was summer!). Luckily the towels from La Playa came handy.
Checking into La Playa is cool for the following reasons:
- It is inexpensive (US$26.00).
- Can see the line forming in front of the consulate from the room.
- If travelling with companion, can swap standing in line.
- Can rest (or watch Spanish TV) after submitting documents
- A good refuge if told to come back the next day to get the visa
(due to the computers going down or your passport being
misplaced :-).
- Could use the towels in case of rain (-;
- Could use the restroom in case the Mexican dinner didn't agree
with your system.
The only disadvantage I see is that people tend to get adventurous and go out to check the night clubs around the area. I gather it is very embarrassing and risky if one gets caught (in case of a raid) without the right visa/documents.
Make absolutely sure that everything is spelt right on your visa. Look for the M (Multiple) in the Entry area. One guy was issued a single - entry visa and he realized it only after it was cancelled upon his entry into the US at the border. He had to go through' the whole process again(?) Book a flight leaving El Paso after 5:30PM so you have ample time to get a new I94 and rush back to the airport. Cameras and firearms are not allowed inside the consulate. It is a good idea to leave them in your hotel room. It is an even better idea to leave them home as there is nothing worthwhile to shoot around the consulate (pun intended). It is also recommended to present oneself in formal wear (No, not in a suit). Nobody sane would issue a visa to a person in tattered jeans and tank top carrying a letter stating he's a globe-trotting businessman. Last but not the least, make sure your attorney is not on vacation on the day of your trial.
Good luck and have a fun trip.
shashi (shashi@silma.com)
Now some serious stuff.
-----------------------------------------------------------
Documents I had on me:
--------Absolutely necessary docs----without these, don't even dream of stepping out of the country.
Legend: * --> Documents asked during my interview.
- *I-797 (approval notice) in original. *DO NOT FORGET TO TAKE THE
I94 ATTACHED TO IT* (The whole doc. is a letter of approval and an I94 in the bottom of the letter. Contact your lawyer in case you do not find the I94/bottom portion of letter).
- *Valid Passport
- I-129 copy (Attorney certified)
- LCA copy also known as ETA9035 (Attorney certified)
- *Visa Photo ( 37mm * 37 mm)
- *Employment verification letter (from HR) saying what you do,
how much you make and how imp. you are to the co., etc.
- Letter from boss requesting the consulate to grant you *MULTIPLE-
ENTRY* visa for future international travel
- *Degree certificates (original preferred)
- I-20s
- Old I94
- VISA fees US$120.00
--------Supporting docs---these help if you have problems.
- SSN card, drivers license
- Latest bank statement
- Latest telephone bill (to show India connection)
- Transcripts (to prove you did take ballroom-I ;-)
- Tax forms/W-2 copy (to say you have been a responsible person)
- Pay stubs and company ID (like badge and B card)
- Company literature
------------------------------------------------------------
Useful phone numbers:
------------------------------------------------------------
Your company HR, your attorney
Cab driver Victor/Marco Garcia's number
915-588-4736
915-680-2941
Hotel La Playa, Juarez, Mexico. (Try a couple of times. Don't give up
if you get Ms. Dontspeakenglish on line)
(16) 13-71-87
(16) 13-71-88
US Consulate (To verify if they are open on the day of your visit.
Try early hours)
(16) 13-40-48
(16) 13-40-50
(16) 16-80-80
Q: Can I re-enter US if my multiple entry H-1B is denied in Jurez, Mexico or Canada?
A: [from Pramod S. Badjate, badjatep@agcs.com]
[Modified by Rajiv S. Khanna, rskhanna@immigration.com]
Normally you can. But you should make sure that you don't turn in your I94 at the border while leaving US. Then you have to fill in a new I94 when you enter US by showing your VISA and old I94. With the passage of the 1996 law, it has become even more uncertain whether you will be allowed back. Please note, your re-entry is NOT guaranteed.
Q: I am current working for IBM on my Practical Training under my F-1
visa. 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 says that I cannot go out of the US, once my H-1 processing has
started. Is this true?
A. [From Rajiv S. Khanna, rskhanna@immigration.com]
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: 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, INS does not like it. I think there is a even a regulation that says you must inform INS about the visit. In my humble opinion, there is nothing stopping you.
Q: What is the phone number of US consulate in Juarez, Mexico?
A: [ From Rajesh Kumar Singh, raj@goliath.Stanford.EDU]
Country code: 52
Area code: 16
Phone #: 13-40-48
Q: What documents are needed to get a multiple entry H-1B visa?
A: [from Pramod S. Badjate, badjatep@agcs.com and
RANGASWAMY@zircon.plh.af.mil]
[Modified by Rajiv S. Khanna, rskhanna@immigration.com]
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 was, take a copy of the document that was given to the INS.
5. Letter from my immediate supervisor stating that I work for him and
may need to travel abroad for official purposes soon and hence be granted an H-1B visa. It was addressed to US consulate, Juarez. This was not asked for by the consulate official who interviewed me.
6. Company verification letter from Human resources giving details like
job title, pay date of joining etc.
7. My appointment letter that I had got from Human resources.
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 $20 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 $100. Therefore, make sure to carry $120 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 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.
Q: What is a good place to stay at El Paso?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
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).
Q: Are there any good eating places near the EconoLodge?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
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.
Q: Do I need to have a Mexican Visa to go to Juarez?
A: [From Rajiv S Khanna, rskhanna@immigration.com]
You do need a Mexican visa to go to the U.S. consulate in Juarez.
Q: Any suggestions for dos and don'ts in Mexico?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
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.
Q: What is the best form of transportation from the El Paso airport to the Econolodge?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
The EconoLodge has a shuttle service that can pick you up and drop
you off at the airport (915)-778-3311.
Q: What is the best means of transportation from the Econoldge to the U.S. Consulate and back?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
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.
Ways to send money to India
Here are a few ways to send money to India. Note that this information was collected from messages on the Internet and is reproduced here for your convenience, and may need to be verified.
ENCYCLOPEDIA: Sending money to your folks in India
AMEX MONEY GRAM
A quick way to send money to India is by AMERICAN EXPRESS MONEY-GRAM. They claim the recipient will have the money within a few minutes of initiating the process here in U.S.A. The recipient needs to show some photo id to get the money at the other end. The number for the American Express Money-gram is (800)543-4080. Since this is very fast the charges are bit higher. But it is very safe.
AMEX MONEY ORDERS
Another best, cheap way to send money is to use American Express Money Orders. You can obtain them from most of the stores for $1.00 each(this may vary). However, maximum for each check can be $1000.00 only. Most of the banks in India give you cash the same day (within minutes). Also, your money is totally protected and in case your money order is lost or stolen you can recover your money completely.
AMEX TRAVELERS CHECK
Just purchase Amex travellers checks and make it in favour of the person to whom you want to give it. It is always a very good idea to specify the address of the recipient along with his name to avoid any misuse of checks. After this just send the checks to you folks through whatever means you think is appropriate (mail, through friend, etc...)
PERSONAL CHECK
Write a personal check on your U.S. Bank, and mail it to your relative. This is by far the most convenient method for the sender, and most inexpensive too. But for the receiver, it is the worst. Personal checks drawn on a U.S bank are treated as a
collection item in India, they normally take 45-90 days for realization ,and would cost a few dollars, depending on how many banks were involved in the collection process.
CASHIER'S CHECK
Obtain a cashier's check, certified check or money order from a local bank. These instruments also suffer from the same defect as personal check, and cannot be automatically paid immediately in India, as the local U.S. banks may not have any drawing arrangements on the Indian banks.
SENDING BY CABLE (ALSO CALLED WIRING)
Cable transfer, on the other hand is a bank to bank transfer whereby money is remitted by the bank directly to the beneficiary's account maintained in India. Cable transfer is the speediest way of transferring and in most cases gets credited to the beneficiary's account normally in 3-5 working days depending on the location. (Communication with the non-metro centres in India, is generally done through cable/Telegram and therefore takes extra time). For this you have to find out what the ROUTING NUMBER is for the bank in India in which you want to deposit the money.
WESTERN UNION FINANCIAL SERVICES
Western Union has begun money transfer service between the United States and India with the opening of Western Union agent locations in 15 cities, including Bombay and New Delhi, and also between the U.S. and Sri Lanka. In India, inbound Western Union Money Transfer service is available in minutes through Sitter World Travel (India) PVC. Ltd., an international provider of travel services. In addition to Bombay and New Delhi, Western Union Money Transfer service is now available at Sitter offices in Agar, Ahmedabad, Bangalore, Benaras, Bhubneshwar, Calcutta, Cochin, Hyderabad, Jaipur, Kanpur, Madras, Pune and Secunderabad.
Western Union Money Transfers to India are paid out in Indian rupees. In Sri Lanka, both inbound and outbound Western Union Money Transfer service is available in minutes through Sylan Bank in Colombo, and at 52 other locations in major cities. Western Union Money Transfers are paid out in Sri Lanka rupees. CREDIT CARD REMITTANCES A few banks, viz, State Bank of India, Citibank & Bank of India have recently introduced the Credit card remittances scheme. Under this facility remitters can obtain drafts or issue of cable transfer instructions by charging the same to their Visa or Master cards.
RUPEE BANK DRAFT (Go via Indian Banks Only)
SBI and many other Banks offers a convenient service for sending money to India. Call them up and tell them you want to send a rupee draft to India. They will collect the dollars from you and send you a rupee draft for that amount. Service charge varies. You can mail the draft to India - and it can be cashed immediately in India. Note: Please remember not to go through a non-Indian bank for the money draft. India needs dollars and so go through Indian banks only. DO NOT go through foreign banks such as Citibank, Bank of America, etc.
CREDIT CARD
In this you can give a credit card to your folks back home and ask them to go to any bank which deals with cash advances using credit cards and withdraw cash as much as they want. Just check the date when they are about to withdraw the money and send a check to your credit card bank here so that the payment reaches before or on the same date your folks are withdrawing the money. In this fashion you do not even have to pay the finance charges even for a day, but you will be charged the cash advance fee which varies with different cards.
Telephone numbers of some banks for investment/money-remittance in India
State Bank of India: 1-800-527-2663
Note: Please let us know via email, if there are any other Indian banks over here along with their phone number.
" --- A Winner Never Quits --- A Quitter Never Wins --- "
Driver's License
Getting a U.S. Driver's License
The private automobile continues to be the most common form of transportation in the United States. If your area lacks adequate mass transit, or if you simply want the independence of having your own automobile, you will need to get a U.S. driver's license. U.S. driver's licenses are administered by each of the 50 states, with each having its own Division of Driver's Licenses. The regulations vary from state to state, but generally most U.S. driver's license examinations consist of both a written and practical examination. The written part tests your familiarity with U.S. road signs, rules of the road, and general vehicle safety regulations. Each Division of Driver's Licenses publishes a manual which you can use to review for the written examination. The practical examination tests your actual skills in driving and parking a motor vehicle. Additionally, some states do not allow a person to apply for a driver's license until they have passed a state-certified driver's education course.
In order to find the specific regulations in your region, ask your Buddy to advise you of the appropriate authority to contact. You may also check in the white pages or blue pages in your phone book, under State Government, Department of Driver's Licenses. They will probably have a telephone recording which gives you the specific information you need to apply for a driver's license. If an appointment system is available, make sure that you schedule an appointment -- otherwise, you may face an extremely long wait at the office.
Preparing for the written examination is no different than preparing for your State Boards - study hard and memorise. Even before you get your driver's license, it is a good idea for you to start observing road signs, driving practices, and general road courtesy in the United States while travelling as a passenger with friends. In order to take the practical examination, you will need to have a friend with an automobile accompany you to the driver's license office. Your friend must be present since he or she must drive the vehicle away in the event that you do not pass the practical portion of the examination.
In addition to the written and practical exams, you will be given a visual examination to determine if you need corrective lenses.
A GENERAL PIECE OF ADVICE: If you have been driving in your home country and are comfortable in operating an automobile, you are probably prepared to drive in this country once you have learned the appropriate road signs and road courtesies. If you have never driven an automobile, spend the money and take the driving lessons; otherwise, your chances of a dangerous and costly automobile accident are significant.
Home Sweet Home
Finding a "Home Sweet Home"
Upon your arrival in the United States, you may be placed in temporary housing of some sort. This may be a corporate apartment, leased communal home, or hotel room. If you will be a traveller, your employer will usually arrange all housing; if you'll be in a fixed location and responsible for your own lodging, you'll want to get settled as soon as possible and this will begin as soon as you locate a suitable apartment. Your Buddy can advise you which areas of town are safe and most convenient to your place of employment. Remember, since commuting in the United States can take some time, it is usually best to live as close as possible to work. In addition to saving you money on commuting, it also means that you will have time to go home for lunch, run an errand, etc., during your regular lunch break.
In selecting your new home, do not be bashful about inquiring about the neighbourhood. While most U.S. cities are safe to live in, there are high crime areas which must be strictly avoided. Seek a safe residential area with well lighted parking, hallways, and common areas. Before signing a lease, talk to the neighbours and local business owners. Ask them if they feel safe in the neighbourhood.
If you will be working as a travelling therapist, your employer will usually arrange your housing. Otherwise, most residential apartments in the United States require the execution of a "lease". A lease is a contract whereby the tenant promises to rent a given unit for a certain amount of time at a certain price. The general rule is: the longer the lease, the lower the monthly payment. Since you will probably be obtaining your first home in the United States, it may be a good idea to avoid a long-term lease commitment. If you sign a one year lease and are unhappy with your housing, you can always move next year. If you sign a three year lease, you may be stuck longer than you would like. Occasionally, in areas of high vacancy, it may be possible for you to negotiate a month-to-month arrangement with the landlord. Although this may cost you a little more money each month, it may be worthwhile, since it will give you continuous flexibility to relocate at your convenience. Again, bear in mind that commuting distance to work is an important factor.
Once you have selected your home, you will probably be eager to furnish it. The United States has a vast variety of furnisher and accessories dealers, and you would do well to shop around thoroughly before making any final purchases. It is often possible to find very similar furnishings at extremely different price ranges, and the first store you shop may wind up being the most expensive. Certain places, such as Pier 1 Imports, offer a variety of international products at competitive prices. Department stores have also become increasingly competitive, and furniture warehouses continue to offer excellent prices. Be wary of "designer showrooms", since these usually have extremely high catalog and staff overheads; chances are you will find something very similar at a lower price if you go to the department stores and warehouses.
One last item: you will need to get a telephone and electric service in your new home. The easiest way to do this is to look in the front pages of the telephone directory of the city in which you live. Telephone numbers for the phone company, as well as for the utility companies, are clearly listed. Call the phone and electric company and advise them of your new location and needs. You will probably be able to make all of the arrangements over the telephone, with them sending you a bill. You can pay the bill with a check from your checking account. Finally, it is a good idea to spend an hour scanning the Yellow Page directory for your city. There is an abundance of information regarding local community events, services, and telephone numbers which will ultimately assist you in getting settled in your new home.
Your Free Time
Your Free Time: Enjoying America
After "setting up" your new life in the United States, it's time to enjoy the weekend. More specifically, it is time to have fun! No other country in the world has as many entertainment, sports, and leisure activities as the United States. With public golf courses and tennis courts, fairs, conventions, international restaurants, and the performing arts, you can do literally anything on your time. if While many of these activities cost money, a surprising amount of them are free. Always check the weekend section of your local newspaper to see what events, fairs, craft shows, etc., are upcoming. If you are religiously involved in your home country, make it a point to get involved with your local religious organization. Get a bike, fly a kite . . . whatever you enjoy! You will feel an exhilarating moment of relief when you finally open that envelope and find that you have passed your licensing examination. The studying is over, and once again, your free time is yours. We encourage you to totally immerse yourself in our culture, in our leisure activities, and in our way of life. And in no time, you will be thinking of the United States as "home."
Get A Buddy
In order to make your transition to the United States a little bit easier, it is recommended that you use the "Buddy System." You may read about and research life in the U.S. forever, but knowing someone in the United States is probably your best bet to understanding "the way things work." If you can, get a Buddy.
He or she could be a foreign worker with prior experience in the United States, or perhaps a friend or family member who got here before you. It could be your recruiter, area manager, or another U.S. professional interested in helping you get off to a good start. Whoever it may be, be sure that it's a person who you can trust and are comfortable with.
While your Buddy may make every effort he or she can to facilitate your adaptation to living and working in the United States, it is important that you understand that you hold all of the primary responsibilities associated with your relocation. Most foreign professionals find the United States a welcoming and pleasant place to work, and adapt quickly to the new changes in culture and lifestyle. While we can encourage you to get involved with community activities and establish relationships with colleagues and peers within your community, it is ultimately up to you. Successful foreign professionals in the United States consistently agree that the key for adaptation is through enthusiastic immersion in U.S. culture. We encourage you to do so and believe you will succeed if you follow our advice.
What your buddy can help you with:
Advising you regarding housing, neighbourhood safety, location of shopping centres, etc. Provide general guidance to your new work environment and responsibilities. Serve as a sounding board for questions and problems which may arise during the first few months of your transfer. Introduce you to other foreign workers who have successfully adapted to life in the United States.
Remember: in the United States, never be afraid to ask questions. Americans are usually very hospitable people and are willing to take their time and help you when they can. The success to your U.S. transfer lies in your independence and in your establishment of strong relationships with U.S. and foreign colleagues. Your Buddy may help you as best he or she can, but the net result will depend upon you.
H-4 FAQs
1. Changing Status To
Dear Friends:
A recent visitor to this newsgroup asks about how to change from to H-4.
Under these circumstances, an application for change of status (I-539) will have to be filed with the Regional Service Centre having jurisdiction over the individual's place of residence, along with
(1) the H-1B spouse's I-797 approval notice;
(2) the marriage certificate; and
(3) documents indicating that the person has maintained status since entering the United States (which will probably include all the pages of the passport and the front and back of the I-94 card).
The filing fee for this particular application is currently $75.00. Additional beneficiaries (such as children) may be included on a supplement to the I-539 for an additional $10 per beneficiary.
I would note, however, that an approval of the I-539 will not result in the issuance of a visa. Rather, it will merely entitle one to remain here in the United States for the duration of the petition's validity. Should one need to obtain an H-4 visa , they might be able to travel to Canada or Mexico to obtain one, assuming that they have maintained status throughout their stay. Naturally, they may also visit the home country consulate to obtain the visa.
2. Consular Processing For
Dear Friends:
A recent visitor of this newsgroup asks what will be necessary to obtain an H-4 visa at a foreign consulate.
We generally recommend that the following documents be submitted along with the non-immigrant visa application:
(1) the original or a certified copy of the I-797 approval notice for the spouse's H-1B;
(2) a current letter of employment from the H-1B spouse's employer indicating that the H-1B spouse continues to work for the employer;
(3) a marriage certificate (the original and any certified English translation). For children, birth certificates should be submitted.
However, visa requirements vary from country to country, so we always contact the consulate to see whether they have any
special requirements.
Labor Condition Applications (LCAs) and Prevailing Wages
What is an LCA (Labor Condition Application)?
** LCA for the Employer - not specific to the individual **
Period of Employment Information
Rate of Pay and Prevailing Wage Information
How Long Can an LCA Be Used?
How Long Does it Take for an LCA to be Certified?
Posting the LCAs - 2 copies in each location of employment
What is an LCA (Labor Condition Application)?
A Labor Condition Application is used in H-1B applications. It is a document that must be certified by the Department of Labor which details the conditions of employment: the employer, occupation, rate of pay, prevailing wage (the lowest wage an employer can pay a
foreign worker), and the location of the facility where the foreign worker will work, as well as statements a - d in section. 8 of the LCA:
a. H-1B nonimmigrants will be paid at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question or the prevailing wage level for the occupation in the same area of employment, whichever is higher.
b. The employment of H-1B nonimmigrants will not adversely affect the working conditions of workers similarly employed in the area of intended employment.
c. On the date this application is signed and submitted, there is not a strike, lockout or work stoppage in the course of a labor dispute in the occupation in which H-1B nonimmigrants will be employed at the place of employment. If such a strike or lockout occurs after this application is submitted, I will notify ETA within 3 days of the occurrence of such a strike or lockout and the application will not be used in support of petition filings with the INS for H-1B nonimmigrants to work in the same occupation at the place of employment until the ETA determines the strike or lockout has ceased.
d. A copy of this application has been, or will be, provided to each H-1B NonImmigrant employed pursuant to this application, and, as of this date, notice of this application has been provided to workers employed in the occupation which H-1B nonimmigrants will be employed:
... a notice of this filing has been posted and was, or will remain, posted for 10 days in at least two conspicuous locations where H-1B nonimmigrants will be employed.
** LCA for the Employer - not specific to the individual **
Another important point about the Labor Condition Applications is that each one is specific to the employer, not any one individual. The LCA certifies the employer to hire any H-1B non-immigrant of a specific occupation and at a specific geographic location. So, for example, an employer could begin the LCA process for a potential hire to expedite the rest of the H-1B process if the employer knows the occupation and location where the H-1B NonImmigrant will work.
An LCA can be used for the H-1B application of more than one individual. (When we process the LCAs for our corporate clients, we typically request 5 slots on the LCA).
Period of Employment Information
Again, the LCA is specific to the employer, not the employee: the H-1B non-immigrant worker is not bound to work for the company or in the specific location for this period of time. This is only the period for which the LCA is certified. The LCA does not create a required term of employment for the parties involved.
Rate of Pay and Prevailing Wage Information
On the LCA, there are 2 sections that deal with workers: the Prevailing Wage and the Rate of Pay.
Prevailing Wage
The prevailing wage is the minimum an employer can pay an H-1B non-immigrant. It is specific to both the occupation and the city and state in which the H-1B non-immigrant will work.
Prevailing wages can either be obtained from the state SESA (State Employment Security Administration) office for the state where the worker will be employed, or from a published independent survey. To cut down on the processing time of the LCAs that we process, we subscribe to an independent survey that is updated quarterly: the Economic Research Institute Salary Assessor. The prevailing wage is the mean salary for one year of experience for the specific occupation and geographic location.
An employer can also pay less than the prevailing wage as long as the actual rate of pay is within 95%-100% of the prevailing wage.
A prevailing wage can be used for 90 days. Any use of the Labor Condition Application after 90 days following the determination of the prevailing wage requires the prevailing wage to be determined again.
Rate of Pay
Because the LCAs are not specific to any one individual (just the employer) and can be used for more than one H-1B non-immigrant, for the LCAs that we process, we put a wage range on the LCA from the prevailing wage up to some figure above what the worker is making. This provides for flexibility of each individual and also allows for some confidentiality in the salary paid to any one individual since the Labor Condition. Application must be posted in the facility where the individual will work.
Here is an example: An LCA may state a salary range of $30,000 to $60,000 per year. What does this mean? Since we always use the prevailing wage as the low end of the range (it is also located in the section of the LCA under "Prevailing Wage"), it means that the company is required to pay the worker at least $28,500 (95% of the $30,000 prevailing wage). Any salary that the worker makes above the $28,500 - even above the $60,000 upper end of the wage range - is alright... (of course, subject to negotiation between the worker and the employer).
How Long Can an LCA Be Used?
For the LCA to be valid for use with an H-1B application, the H-1B NonImmigrant must be working for the employer by six months after the certification of the LCA. After this time, a new LCA must be done and sent for certification again at the Department of Labor.
How Long Does it Take for an LCA to be Certified?
The time of processing for an LCA varies greatly from region to region, but can take as few as one week to as many as nine weeks (based upon our experience) from the date the LCA is faxed to the Department of Labor region until we receive the original certified LCA in the mail. The typical amount of time is usually about 3-4 weeks.
There are ten regional offices that certify LCAs. The region that certifies the LCA is determined by the state where the location of employment will be. The ten regions are: Boston, New York, Philadelphia, Atlanta, Chicago, Dallas, Kansas City, Denver, San Francisco, and Seattle.
Posting the LCAs - 2 copies in each location of employment
Why Does the Employer Need to Post Two Copies of the LCA in the place of Employment?
The employer agrees to post the LCA "for ten days...in two conspicuous locations" (Section 8. d. ii.) when the LCA is signed before it is sent to the Department of Labor.
After the LCAs Have Been Posted for 10 Days in the Facility
For the LCAs we process, we ask that the employers sign the bottom, and keep them in a "public access" file at the office indicated on the top right hand corner of the LCA... we do not need them back.
Money and Banking
Money and Banking: Where to Begin
While a small percentage of the U.S. population manages without checking accounts, virtually all professionals utilize the services of a bank. Your employer will pay you in the form of a check, which may either be cashed or deposited into a bank. Ordinarily, to avoid unnecessarily carrying around large amounts of cash, most employees deposit the paycheck into a checking account established with the local bank of their choice. Once the paycheck is deposited into the checking account, most, if not all, ordinary expenses are paid through personal checks drafted on that account. For example, your monthly rent, telephone bill, and electric bill can all be paid with personal checks. This is significantly cheaper and easier than purchasing money orders for payment of routine bills. Savings accounts are used by many individuals who seek to retain a portion of their earnings, that is, to save whatever money that have not expended on living expenses. Savings accounts usually pay interest, while most checking accounts do not. Accordingly, it may be best to transfer amounts to savings as they become available. Of course, you always have access to the money you have placed in either a checking or savings account.
While ordinary transfers of funds in your checking accounts are made through personal checks, cash disbursements through automatic teller machines are also available in the United States, day or night. Ordinarily, your bank will issue you a small plastic card (called a "debit card" or "teller machine card"). This card will allow you to access, with your personal secret code, your checking account, through any back-operated teller machine or an affiliated network. For example, if you bank at ABC Bank, you will be able to access your account through any ABC Bank teller machine, regardless of location. If your bank belongs to an automatic teller machine (ATM) network, you may access your account through any ATM Machine on that network. HONOR, for example, is a network of affiliated banks with ATM's on the same computer line. You may access your ABC Bank account located in your place of residence from any other HONOR ATM located in the United Sates. For specific information regarding ATM availability and usage, ask your banking representative.
OPENING AN ACCOUNT:
Most banks require a social security number to open a personal checking account. Since your employer will require the number, you will need to get one as soon as possible after you arrive in the U.S.. When you are ready to open a bank account, you should ask your Buddy, or other colleagues at work, which banks they have used and prefer. U.S. banks operate under strict federal guidelines and the deposit of funds with U.S. banks is essentially risk-free for most U.S. workers. Once you have selected your bank, you should visit the office and meet with the Customer Service Representative. This person may also be called the New Accounts Representative. Explain to them that you are a foreign worker currently relocating to the United States and that you need to open a checking (and, possibly, a savings) account with their institution. The bank officer will guide you through the appropriate paperwork, obtain your signature, and assist you in making an initial deposit to the account. He or she will provide you with a temporary checkbook, which may be utilized while your printed, personalized checks are en route. (NOTE: Temporary checks, since they lack your name and address, are often rejected by merchants. You may want to defer purchase of clothing, household furnishings, etc., until your printed checks arrive in the U.S. mail, usually 1 to 2 weeks.) Of course, you will be able to shop with cash which you may withdraw from the account at any time.
Many foreign workers in United States seek to send money home to help support their families. This can be accomplished by a variety of methods, and extreme care should be taken when doing so. The best rule is to contact other nationals of your country who have successfully transferred money home in the past; chances are they will have a reputable agent or representative who can assist you. Western Union, if available in your home country, is perhaps the cheapest and most efficient way to transfer money. Bank wire transfers, if your relatives have accounts open back home, are also viable and secure. NEVER, NEVER, NEVER, NEVER, send U.S. dollars or cash (in any currency) through the U.S. or international mail. In the U.S., it is unlawful to mail cash, and you have absolutely no recourse if the envelope vanishes. It is equally dangerous and prohibited to send cash via international couriers such as DHL, Federal Express, etc. If bank transfers and Western Union are unavailable in your home country, chances are private agencies exist for such transfers. Make sure that you deal with someone reputable . . . it may be best to send a small amount of money on an experimental basis, at least initially. Once your family has confirmed receipt, you can send larger sums through that agent. (TIP: Bear in mind that U.S. long distance rates are cheaper than long distance rates in virtually any other country; confirm this before proceeding, but it would usually be more advisable for you to call home than for your family to call the United States.)
Professional Licensure
Professional Licensure Requirements
When hired by a United States employer, your employer will probably ask you to provide the documentation necessary for securing a temporary state license in your profession. Your temporary license is predicated upon your successfully passing the regular Board licensing exam for your profession. While your employer can provide guidance in helping you prepare for your state licensing exam, it is ultimately your responsibility to spend the necessary time studying and learning the materials required to successfully pass the test. This is expected from every new U.S. graduate, and the identical criteria is applied to foreign professionals who seek to work in the United States.
Depending upon your particular arrangement with your employer, either you or your company will be responsible for the necessary communications with the States' Department of Professional Regulations in conjunction with your permanent licensure examination. In most states, your temporary license is valid only until you receive the results of the first available examination subsequent to your arrival in the United States. For example, if you entered on January 1, the test is given on March 1, and the results are expected around April 1, your temporary license will probably allow you to work until April 1, when you find out whether you passed or failed. If you pass your examination, you will obtain your permanent license and your ability to continue working for your employer will be uninterrupted. If, however, you are unsuccessful in passing the examination, your temporary license will probably not allow you to continue working. (NOTE: Some states have regulations which will allow you to continue working on a temporary basis until the results of a second examination are in; still other states will allow a person to continue working and renew a temporary license for longer periods. This varies from state to state and each states' regulations change continuously. It is essential that you maintain active communication with your company's recruiter to ensure compliance with applicable regulations.)
If you fail your examination and are unable to continue temporarily working in the United States, it is necessary for you and your employer to determine a course of action. This is best negotiated in advance and it is an issue which you should raise with your employer prior to taking the permanent licensure examination. If you fail the exam, several options exist:
you may return home, subject to your employment contract with your employer. You may file to convert to B-1 visitor status, allowing you to remain in the United States while studying for the next examination. A substantial probability of denial exists. Your original employer may be able to transfer you to a new state under a new temporary license. (NOTE: the Immigration and Naturalization Service generally disapproves of multiple temporary licenses, and state licensing boards may be reluctant to issue a new temporary license if they are aware of your unsuccessful test attempt in another state. INS rules preclude obtaining a renewal of visa of change of employer when a second temporary license is involved. This last option may be available in only very limited fact situations.)
Your employer will work to facilitate your study efforts and prepare you for the licensure examination. While no licensing exam is easy, they are generally reasonably prepared examinations which test your cumulative knowledge of the profession in which you seek to practice. During our research and studies, we have determined that the two most common reasons that candidates identify in failing their state licensure examination are:
Failure to study and prepare adequately for the examination.
Failure to possess the necessary English language proficiency to pass the examination.
REMEMBER: these are your responsibilities! In order to ensure your continued employment in the United States, you will need to make sacrifices in your personal time to study adequately for the examination. This will mean hard work on weekends and evenings, and it may mean putting your social life on hold for a brief period. As all new U.S. graduates do, you must set aside many of these personal interests temporarily while preparing for the examination.
Shopping and "Surviving"
Shopping and "Surviving" in the U.S.
To many foreign professionals, the best part of being in the United States is shopping for a literally unlimited variety of products. To Americans, shopping does not necessarily mean parting with one's money; visit the local mall on any Saturday and you will see thousands of people window-shopping, strolling, planning, and simply browsing through the merchandise available. Despite the sluggish economy of the 1990's, consumerism is alive and well in the United States. The availability of the vast selection of products occasionally overwhelms new arrivals. Remember: consumer credit is readily available in the United States, and is frequently tempting. Each year, thousands of people incur tremendous amounts of consumer debt because of uncontrolled credit card spending. Visit any local department store, and they will eagerly sign you up for a consumer credit account. If you lack the personal self-discipline, it is very easy to amass far more debt than you can reasonably pay off in a short period of time. Since these credit cards invariably charge excessively high rates of interest, you may wind up paying for years on a very small purchase. Credit is useful and has its purpose, but remember to part with your money carefully and to not spend more than you normally would.
As a foreigner, you may be an easy target for unethical salesmen, vendors, insurance agents, etc. Maintain a healthy skepticism and remember that if something sounds too good to be true, it usually is. Consult your colleagues before making any major purchasing decisions and remember that you, the buyer, are the decision maker. Do not let yourself be forced into spending money on something that you really can do without.
Social Security Number
Your Social Security Number
What it means and why you need it
Unlike most countries, the United States does not issue national identification cards. For a variety of constitutional and legal reasons, the United States has been reluctant to require such a national ID for the fear that it could lead to discrimination and civil rights violations. The closest thing we have is the social security number. The social security number is a number issued by the Social Security Administration to each individual living and working in the United States. Virtually every individual living and working in the United States needs a social security number; it is required by banks for opening accounts, by drivers license bureaus for issuing licenses, and by employers for issuing pay checks. It is required on credit applications, insurance applications, and a variety of other transactions. Your social security number is the mechanism through which a portion of your earnings is retained for future disbursement in the event you retire in the United States. It is important to obtain a legal social security number and to use only that number while in the United States.
The social security number is obtained from the local Social Security Administration office of where you will live. If you look in the white pages of the telephone book, under U.S. Government, you will find a listing for the Social Security Administration. The listing will either provide you with a toll free telephone number or with the address of the local office. Call or visit, and take all of your foreign documentation with you. They will need to see your passport and visa stamp, I-94, and notice of approval. The application form is self-explanatory, but they will assist you if you so request. In some social security offices, you will immediately be supplied with a temporary social security number. Your actual card will come in the mail. In other offices, you will be told to wait, and the card will come in the mail in several weeks. It is a good idea to make a photocopy of your social security card application since it may be necessary.
Depending on when and where you apply, your social security card may either be:
1.Not annotated, simply listing your name and social security number;
2.Annotated as "not valid for employment"; or
3.Annotated as "valid for employment only with INS authorization".
If your card falls within number 1 (one) above, you will have no difficulty for using the card for all legal purposes. If, however, your card has been annotated to state that it is "not valid for employment", it will be necessary for you to return to the Social Security office and request correction. Your employer may be confused about the social security annotation and it may cause you difficulties in the future in obtaining credit, etc. Once you receive your social security card, keep it in a safe place, but keep a copy with you at all times. Your employer will probably need to see and photocopy the original. Once that is done, store it in a safe place. It is a good idea to obtain a safety deposit box at your bank to store all important documents, such as your passport, licenses, degree, etc. You have access to the safety deposit box at your convenience, and you will know that your papers are safe.
Staying Healthy
Staying Healthy in the United States
Although the United States is a developed country with excellent health and sanitary standards, the changes in lifestyle, climate, and eating habits can have an impact upon the health of a person who just arrived here. We believe that, with a little common sense, you can avoid health problems in your new living environment. A recent trend has lot of people in the United States trying to adapt healthier eating and active exercise habits. They try to avoid fried foods, sweets, and high cholesterol, high fat diets. Instead, they are eating more vegetables, leaner meats and seafood, and watching their salt and fat intake. Regular exercise, whether mild walking, a round of golf, or strenuous cross-country training, is a regular part of some American's daily routine. Some general guidelines to keep in mind:
Do not make sudden, dramatic changes in your diet. Attempt to maintain a regular eating routine, much as you have in your own country. As time goes by, you can incorporate American and other international foods into your diet. If your culture does not use heavily spiced foods, stay away from spicy Mexican, Thai, and Indian cuisine. Try these foods in small amounts and make sure that your body is comfortable in digesting them. Water is potable throughout the United States. Nevertheless, some areas are served by wells, and other areas have water supplements such as chlorine or fluoride. If you find the water in your locality distasteful, you may either purchase a water filter or purchase bottled water at the grocery store. If you are moving to a new climate - for example, from Colombia to Michigan - make sure that your wardrobe and dress habits are consistent with your new environment. Avoid sudden changes in temperature and use layers of clothing to stay warm; that way, you can add or remove layers as necessary.
In addition to staying physically fit, your mental health is something which merits close attention. You are in a new country, with new friends, in a new job. You are eating new foods, watching new television programs and shopping in new stores. Virtually everything around you is a new stimulus and different people react in different ways to such stimulation. Most young professionals enjoy the change and do everything they can to experience as much of American culture as possible. Occasionally, however, "homesickness" sets in and the new immigrant finds himself or herself longing for home. In order to preserve cultural identity and a sense of community, remember to:
Write and call home regularly; send them small gift packages showing them photos, what you are eating, where you have visited, etc. Join local community organizations, churches, where others sharing your culture meet and gather. (The United States is very popular for international professionals and you can find a peer group virtually anywhere.) Staying healthy in the United States is easy if you eat sensibly, exercise, and maintain a healthy perspective on both your new found lifestyle and your personal cultural background.
Transportation
Transportation in America
Get around, get around, I get around . . .
Perhaps no country in the world is as obsessed with transportation as the United States, and there is good reason. In a massive country connected by an excellent network of high quality roads, the prospect of getting from one place to another is always attractive. Getting around in the United States can mean anything from making the morning drive to work to exploring cross country on your annual vacation time. We encourage you to explore America and, to do so, we must tell you a little bit about transportation in your new home. In most rural and suburban areas, Americans rely upon personal automobiles to get around. The geographic diversity of many parts of the United States make mass transit awkward or inconvenient. If, however, you are working in an urban area properly served through mass transit, this is probably your best option for daily commuting to and from work. U.S. mass transit may consist of trains, subways, or buses. Some workers organize car pools, in which workers take turns driving each other to work. Still, in most areas, many people choose to drive their own automobiles to the office.
Once you have obtained a U.S. Driver's License - if you choose to do so - you will have the opportunity to obtain your own automobile. Purchasing an automobile in the United States can be somewhat tricky: new car dealers often charge inflated prices when dealing with people new to the United States. Used car dealers - and many individuals selling used vehicles - often conceal defects or problems in an effort to unload the vehicle as quickly as possible. While most new
vehicles offer warranties on services, the buyer of a non-warranted used vehicle has virtually no recourse. The $3,000 used car you buy could drop dead tomorrow, and you would probably have no legal remedy against the seller since the sale was made "as is".
Whether purchasing a new or used vehicle, it is important to keep the following in mind:
Unless you are an expert car mechanic, it is in your interest to ask a friend or colleague with prior experience in purchasing cars to accompany you and assist you in decision making. They may be able to help you in getting the price down and spotting trouble signs in the
vehicles you are contemplating. If you are purchasing a used vehicle, it is important to have a mechanic conduct a complete safety test on the vehicle before making the purchasing decision. You want to make sure
that the car is operating soundly, has no major leaks or defects and will not require expensive repairs in the near future. (Do not make the mistake of falling in love with any one vehicle; this is America, and there are always more to choose from.) Ask the seller of the used vehicle for complete repair records, manuals, etc. If they have kept accurate records, chances are that they have taken good care of the vehicle.
As you will learn in the coming months, obtaining credit in the United States can be somewhat difficult. Obtaining car financing, however, may be facilitated if you put a substantial down payment on the vehicle. Car loans, like home mortgages, are considered "secured" loans. This means that there is collateral on the loan, and that the bank may repossess your car if you stop making payments. Unlike credit cards, which are unsecured, the lender in a car loan knows that he has remedies should you cease to pay. With interest rates low, it may be worthwhile to consider financing your vehicle through a bank. NOTE OF CAUTION: Avoid "buy here, pay here" car dealerships. The interest rates charged by these facilities are usually exorbitant, and they do not have a general reputation as possessing the highest quality of used cars. While you may be able to purchase a good vehicle from them, steer your credit towards the bank, which will charge you more reasonable rates on your car loan.
Finally, a word on air travel: U.S. air travel is expensive and purchasing and changing a ticket can be a complex procedure. Instead of dealing directly with the airline, it is best to use a well-reputed travel agent - ask your Buddy. The travel agent will be able to find the cheapest available national and international flights and advise you of the numerous restrictions which may apply to a given ticket. Remember the following as a rule of thumb: the earlier you book your ticket, the cheaper the price. Generally, if you spend a Saturday night at your destination, your ticket will be cheaper. This is because weekday business travellers tend to pay the higher rates.
Madras till US Airport
1) Reach airport 3 hours in advance.
2) Go to the Singapore Airlines (or whichever booked) check-in counter.
3) They will direct you for luggage scanning area. Get your luggage's scanned except the hand baggage, which need not to be scanned there. Collect your entire luggage again, put them in trolley and come back to the check-in counter.
4) Submit your passport and tickets and tell them I will be taking only Vegetarian meals during the complete journey. If this is not done, then you will have food problem during the journey i.e. you may not get vegetarian food on the way.
5) You will be given an Embarkation Card to be filled. Use capital letters only for filling this form. This card is to be given to the immigration officer, details of which are explained later.
The details of this form are as follows:
GOVERNMENT OF INDIA
EMBARKATION CARD
1.Name:
Surname:
Other names:
2.Date of birth(Day/month/year)
place and country of birth:
3.Nationality:
4.Passport No.:
Place of issue:
date of issue(Day/month/year)
5.Address in India:
6.Port of Disembarkation:
Flight No.:
-----Fill item no. 1 to 5 as mentioned in the passports
-----Fill item no. 6, as follows:
Port of disembarkation (meaning last destination. If you are coming by Singapore airlines and your destination is Detroit then enter DETROIT there. Against flight no., enter the flight no. as given in tickets
for example: SQ407 MAD/SIN
SQ016 SIN/DET)
6) After verification of passports and tickets, the counter clerk will then issue you Airlines boarding passes till the last destination and give you few stickers with nos. for the luggage identity. Make sure the stickers have last destination name (for example, Detroit, if you are coming from Madras to Detroit). Also, he will give you some tags to be put on the hand baggage.
7) Now proceed towards the Immigration Officer, who sits next on way. Submit your passport and embarkation cards to him. He will put a stamp on your passport after checking for ECNR stamps. If he asks you about the purpose of your visit, tell him that "I am going to see my husband on H4 visa". Collect all passports and move ahead.
8) You may or may not encounter a Customs Officer. In case he asks you about the amount that you are carrying, tell him that I am carrying US 100/50 dollars only and some 100 Indian rupees.(You can take help from home for getting the US 100/50 dollars and get them stamped in your passport)
9) Now proceed towards the personal and hand baggage security check. Show the boarding tickets. They will scan you in person and x-ray scan your hand baggage. Collect your hand baggage and move towards the sitting area, from where you can catch the flight.(Here U need to wait about an hour)
10) Inside the plane, look for the seat as given in the boarding pass. Once located, sit and relax.
11) During the course of the journey, listen to all announcements and do as directed by staff. You will be served snacks, juices, lunch/dinner. Always ask for VEGETERIAN FOOD.
12) If you are coming by Singapore Airlines, it will halt either at Singapore or Seoul.
13) Always try to find some help i.e. Indian ladies/aunts during the flight, so that you are always engaged/busy with them.
14) If the plane halts at Singapore for changing of flight, you have to walk at least one kilometre to reach the place from where you can get the next flight. During this stopover, you can refresh.
15) Keep all passports/boarding passes ready to be shown to airlines staff. Keep my H1 visa notice (Xerox copy), our marriage certificate (original), your date of birth certificates (original), our family photos, your educational certificates (original) handy to be shown to the airport people, in case they demand for them.
16) Board the plane again till the last destination.
17) During the course of the journey, you will be given two more forms- US Customs declaration and Immigration form (I-94) for non-immigrant people. The form details are as follows:
FORM I US CUSTOMS DECLARATION
1. Name: XYZ
2. Number of family members travelling with you: NIL
3. Date of birth: 07/06/1970
4. Airline/Flight: Singapore Airlines
(mon/day/year) SQ016
5. US Address: Consultants Inc.
106, Park Center Plaza, San Jose, CA-95113
6. I am a US citizen Yes No (Tick on NO)
If No, Country: INDIA
7. I reside permanently in the U.S.: Yes No (Tick on No)
If No, expected length of stay: 30 Oct 2000
(Check for the date on your US Visa)
8. The purpose of my trip is or was: H4 Visa
Business Pleasure
9. Tick on No
10.Tick on No
11. $0.00
IMP: Sign on the reverse of the form and put date (month/day/year)
(Only one form to be filled by you)
FORM 2 IMMIGRATION(I-94) FORM
I-94
Arrival record
1. Family name:
2. First (given) name:
3. Birth Day (day/mon/year): 13/11/73
4. Country of citizenship: INDIA
5. Sex(male/female):FEMALE
6. Passport Number: (fill your passport number)
7. Airline and flight number: Singapore Airlines,SQ016
8. Country where you live: INDIA
9. City from where you boarded: SINGAPORE(from where you
took flight)
10. City where visa was issued: BOMBAY
11. Date issued(day/mon/year): (See VISA stamp on the
passport)
12. Address while in the U.S.(number and street)
106, PARK CENTER PLAZA
13. City and State
SANJOSE, CA-95113
I-94
Departure record
14. Family name:
15. First (given) name:
16. Birth Date (Day/mon/year): 13/11/73
17. Country of citizenship: INDIA
IMP: 1) Use one column for one alphabet while filling this form.
2) Enter dates carefully and clearly
3) I have filled the forms for your convenience
ONLY AFTER YOU ARRIVE AT US AIRPORT
1) Once you reach the US destination airport, proceed to the luggage collection area. Collect your entire luggage after proper verification and put them in a trolley.
2) Go to the immigration counter. You can see long queues before counters indicating "For non-immigrants". Stand in those queues with your luggage. Once your number comes, give your passport, the I-94 form and one Customs declaration form to the counter clerk. Give all documents which he asks.
---If he asks you "What is your visit's purpose?"
Tell him that "I have come here on H4 visa and I will be assisting
my husband at house".
---If he asks you "Are you planning to work here?"
Tell him "NO".
---If he asks you "Do you plan to stay in US permanently?"
Tell him "No".
3) Collect all passport and documents and move towards the Customs counter. If you were asked "Are you carrying any fruits, meats, food, soils, and other live animals?"
Say "No"
At this counter, your luggage will be x-ray scanned for above items. Once done, you can collect your luggage and proceed towards the Airport Exit gate.