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A9 Yes.

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

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

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

A11 Apply for a new H-1B.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Updated on 09/22/03)

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

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

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