o: US Department of State Visa Services P.O Box 952099 St Louis, MO 63195-2099

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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 DS-156 and DS-157 for male applicants is must. . You must also enclose a self-addressed and stamped envelope for them to send you the forms & instructions. 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 (DS-156 and DS-157); 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 it was $100 .It could have changed now.] Six weeks is the normal processing time.

Q38 What are the different types of H-1 visas?

A38 An H-1B classification is temporary (three years, extendable for another three). People loosely refer to H-1B as H-1. But,the following variations exist within H-1:

H-1A Registered Nurse H-1B1 Specialty Occupation (Professionals) H-1B2 U.S. Department of Defense 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.

Q39 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?

A39 An LCA is a very small and routine procedure. It is merely a one page form that is certified by the department of labor within 10 to 15 minutes. We now have the online facility to get LCA's approved. The labor cert. is a much more complicated procedure that is not "routine." It requires a lot more time and effort.

Q40 I have a friend from Nepal and he is a Computer Professional. He came to States on a visitor visa.Here, he got a job and his Employer did H1-B for him. But there is a mistake in his H1-B paper (I-94). Country of Citizenship is written INDIA instead of NEPAL. His employer said that he had already filed for corrections. But it is more than 7 weeks and he still did not get a new H1-B with corrections. His concern is validity of H1-B visa. Is it legal to work on that original H1-B (with mistake)? Will he face problem if he doesn't get another H1-B visa in time?

A40 Happens most of the time. Just get it corrected. There shouldn't be any problem.

Q41 I am in the process of changing Job. Right now my visa status is H1B. My spouse is on H4 visa. She recently accepted a job and applied for H1B visa. So my question is when I apply for my new H1B visa do I need to apply a H4 visa for my wife?

A41 No. She will have her own H-1. As long as you maintain status (does not matter with which employer), her H-4 is valid. The moment her H-1 is approved, she will then have independent H-1 status

Q42 I went through the FAQ (for H visas) and understand that you can maintain multiple H visas. I am not sure whether this is specifically for an H1B or for an H4 also. My question is can my wife who has an H4 visa, apply and work part-time or even full time on a different H visa? How does this affect her H4 multiple entry visa (on her passport) and her ability to travel on it? And does a travel agent qualify as a specialty occupation?

A42 Your wife cannot work on H-4. She would have to get a new H-1 permission as well as visa. A travel agent probably does NOT qualify for an H-1.

Q43 I would like to seek your erudite opinion on a topic not covered by the H-1 FAQ. I am suffering from Tendonitis on my forearms and find that my job as a programmer is aggravating the situation. I am currently on a H-1 and hold an Indian citizenship. I am undergoing physiotherapy etc to recover from the problem. Can I take a month off to recover fully? I was wondering if the BCIS (INS) would have a problem with this if my employer agrees to it.

A43 BCIS (INS) should not have any problems. This is a very genuine difficulty.

Q44 I went through your FAQ's and they were very helpful and answered most of the questions. I am on HIB status and right now have an option to join a job in Chicago or Minneapolis and would like to know which one is better to take up for my green card processing. I have heard from my friends (not lawyers) that it takes a long time for green card processing in Chicago. I would appreciate your insight on this.

A44 Because of the new RIR procedures,it may be better to go with the employer who has been advertising regularly for your type of jobs.

Q45 Is a job ad required only for labor certification or for Labor Condition Application also?

A45 If an employeer is an H-1 dependent employer, then the employer is required to place ads. If not an H-1 dependent, then No.

Q46 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?

A46 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 depends upon how many people qualify for the job. If an ad is placed for a Bachelors degree, chances are that, many people will apply than for a job that requires 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 higher the qualifications higher the pay.

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.

Q47 When employer fires an employee on H1-B visa for whatever reason,what will happen to the legal status of the employee?

A47 Period of stay regulation: 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.BUT, if an H-1B employee gets laid off, there is no grace period.

Q48 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 BCIS (INS)?

A48 While you are on H4, work is not permissible. You have to have your F1 to begin your work at school.

Q49 I've seen people who have two H1 visas due to a change in job.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?

A49 There is no such requirement. She can go forward with co. B.

Q50 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 would 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 the one I have currently?

A50 You will get an H-1B for two years.

Q51 How do I change my status from H4 to F1?

A51 There are two ways: 1. You can file for a status change with BCIS (INS) by sending in your application through mail. You will have to check with your ISO or BCIS (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. They will need I20, proof of financial support, etc. - the normal stuff required for F1.And the F1 might be issued.

Q52 What if my spouse has to go back on H4? (If I change a job, etc.)

A52 You can use the same process again to change your status.

Q53 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?

A53 No. Not if you have a relevant masters degree.

Q54 My H1-B expires in July 1997. When should I file for my visa extension?

A54 You should file your request not earlier than four-six months before the expiration.

Q55 Is filing for a visa extension the same as filing a new H-1?

A55 Yes.

Q56 Can we use the previous LCA in filing for an H-1 extension?

A56 No.

Q57 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?

A57 You can apply for a DV-98 visa and there is no effect on the labor certification.

Q58 If a non-immigrant specialty 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?

A58 A new H-1B extension and change of employment is filed with the same legal fees. The original H-1 stays in tact unless revoked by the BCIS (INS) or the employer. The employee can work with the new employer once the receipt notice has been received.

Q59 I am on H-1 wishing to start a company. Is it possible?

A59 Yes.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.

Q60 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?

A60 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.

Q61 How many H-1s can an individual obtain?

A61 There is no limit .

Q62 Does the number of H-1 visas obtained by one personeffect the greencard applicat