Subject: Immigration (USA) FAQ: H visa questions and answers (part 3 of 6)
Date: 16 Mar 1996 08:15:44 -0500
Summary: Frequently Asked questions for alt.visa.us,misc.immigration.usa (H visa)
Cc: 

Last-Modified: 25 January 1996

Currently, the USA Immigration FAQ is maintained by 
Rajiv S. Khanna [rskhanna@immigration.com]

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part3. To get the FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part3
in the body of the message.

Please see part1 of this faq for standard disclaimers.

If you have access to the Web you can also access the FAQ  
from http://www.jagunet.com/~mahesh/immigration.html and
from http://www.immigration.com

Individuals are encouraged to submit corrections, questions and answers 
to rskhanna@immigration.com directly.  In many answers below, submitters are 
noted in parentheses at the beginning of comments.  (Comments may be 
slightly edited.)

"WE CLAIM NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. 
APPLICATION OF LAW CAN VARY  DRASTICALLY ACCORDING TO THE FACTS OF A
PARTICULAR CASE.  THE FAQ IS NOT  MEANT TO BE SPECIFIC LEGAL ADVICE.  IT IS
ONLY A STARTING POINT.  MUCH OF THE INFORMATION CONTAINED IN THE FAQ IS
PROVIDED BY LAYPERSONS.  PLEASE USE YOUR OWN JUDGMENT."


Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                      H visa
                      ------

Q. Do I need to hire a lawyer for H-1B/GC?
A: [from B.G. Mahesh, mahesh@mahesh.com] [Modified by 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]
   Form I-129H. 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 ?

A:  [from Rajiv S. Khanna, rskhanna@immigration.com] 
Normally, yes.  But there can be no guarantees.

*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.

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]
   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 
   on 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
    the DOL Clearence that is required now a days. Will the renewal need
     such a clearence 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 certied.

*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 6-8 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]
   No, 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 
    forms  with a watermark of the statue of liberty and with the bottom 
    portion being an I-94 to be cut and retained by the foreign worker in 
    question.  Incidentally, the new form is called an I-797A.

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 takeover.  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]
Some of my fellow attorenys may disagree with me, but in my opinion, the
moment you get a new H-1 (unless it is a simultaneous H-1) the  old H-1 is
over.

*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 may 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 send a letter to INS.

Q: What is a good place to try for multiple entry H-1B visa?
A: [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.  

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]
   Yes 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. 

Q: What is the phone number of US consulate in Jurez, 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]
   1. Passport with current I-94
   2. H-1B approval form (*ORIGINAL*) [Form I-797]
   3. Copy of H-1B petetion 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 roundtrip 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.

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: How to get multiple H-1B from Canada?
A: [Dip, NANDID@UCBEH.SAN.UC.EDU]
   Toronto: It takes five working days. You have to stand
   in line for an interview on Monday and the visa is given
   to you on Friday evening.

   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 pm.
   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 pm.

   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,
   including breakfast, is $ candaian 44:50/day.

   Ottawa is a beautiful city and you will have enough time
   to check out the downtown which is pretty.

   Montreal: US consulate phone # 514-398-9695

   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".

Q: Where to stay in Quebec?
A: [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
   walkable 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 infront 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
   appt. day is over you can look around for cheaper deals.

Q: How is the experience of getting H1 Multiple from Quebec?
A: [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
   as 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 appt. 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)

Q. What documents do I need for H4 visa when applying at US
   consulate ?
A:[From Mahesh Kumar Bagade, c23mkb@kocrsv01.delcoelect.com and others]
  Necessary papers for your spouse's H-4 visa:

  1) I-797 form (your H-1B working permit) : Original
  2) Letter of employment from the company you work 
     for with salary : Original
  3) A Letter addressing Consulate in favour of 
     your spouse visa: Original
  4) Copy of first 5 pages of your passport. : Notarized
     (Make sure that you have the copy of the page with 
     current valid visa.)
  5) Copy of the Marriage certificate : Notarized
     If marriage certificate is not in English get it translated
     to English and get it Notarized. Better to take the original
     marriage certificate with you.
  6) Bank statement [proof of money for supporting your spouse]
  7) A couple of your paychecks would be a plus point.
  8) Original passport of spouse
  9) Couple of marriage photographs and a marriage invitation card.
  10) Finally a $100.00 fees for the visa process.

Q: For how many months are the papers sent for H4 valid?
A: [From Srinidhi Murthy, srinidhi@treasfs.sbi.com]
   The papers sent are valid as for atleast 2 months.

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 switchover can wait, 
   wait till the visa is issued

Q: Can I renew my multiple-entry visa stamp by mail?
A: [Compiled by Michael Carroll, br.mjc@rlg.stanford.edu]
   Yes, but note that this is only for renewal or reissuance, not
   for obtaining the first one, and note that this is for the visa
   stamp in your passport that relates to travel permission.

   Which types of visa can have stamps 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 238A
               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]
    
    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   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.

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 Applicaiton 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 Applicaiton 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. PhD 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 PhD degree.  Plaese 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]
    (LAW HAS BEEN MODIFIED, WAIT FOR UPDATE)....
   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 leagl
    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. 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.

-----------------------------------------------------------------
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 
-- 
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 
