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By Murugesh R
(Murugesh will answer H-1B queries from readers every Tuesday.
Click here to mail your queries)
(Material from various US Government sites are used here and we acknowledge the same. This article is intended as a public service document. This document contains original contributions. Please free to re distribute the same only after giving due acknowledgements / credits. The views expressed here are the views of the author)
This document cover the following areas:
Various kinds of visas
The following are the various types of visas which are issued by the US Embassies and Consulates across the world. In order to be considered as a nonimmigrant under the above classifications the applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the Immigration and Naturalization Service. Once approved, the employer or agent is sent a notice of approval, Form I-797. With the exception of the H-1 and L-1, applicants may also need to show proof of binding ties to a residence in India which they have no intention of abandoning.
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H-1A -- registered nurses
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H-1B -- persons in a specialty occupation
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H-2A -- temporary or seasonal agricultural workers
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H2-B -- temporary or seasonal nonagricultural workers
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H-3 -- trainees other than medical or academic; also applies to practical training in the education of handicapped children
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L -- intracompany transferees
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O-1 -- persons with extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field.
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P-1 to P-3 -- individual or team athletes, or members of an entertainment group that are internationally recognized.
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Dependant visas are issued in all these categories
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Documentation Requirements
The H-1B or the L1 visa is obtained after a long period of waiting. You employer also would have incurred substantial expenses in terms of time, money and effort for obtaining your visa. Hence, it is imperative that all due care must be taken before you go for stamping of your H1b or L1 visa.
The list of documents which H-1B phpirants must carry are :
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Completed visa application form which is available at the US Embassy or consulates. This form can be downloaded from the links available at www.assureconsulting.com
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DDs favoring American Consulate General in the city you are applying for your visa. Consular fees will be accepted by way of demand drafts issued by nationalised and foreign banks only. The demand drafts should be in favor of American Consulate General, payable at Chennai. Demand drafts from cooperative banks will no longer be accepted for consular fees. The draft must be issued by nationalised and foreign banks only.
Separate demand drafts are necessary for the application and issuance fees. Your name and passport number must be included on the reverse of the demand draft. Demand drafts without this information will not be accepted.
NIV application fee: Demand Draft Rs.2160 This fee is non-refundable and payable whether a visa is issued or not.
Issuance Fee: Demand Draft Rs.3600.
Passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended.
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The original petition approval (I-797), the complete petition submitted by your prospective employer (including the Labor Condition Agreement (LCA)
The originals of your university degree certificate, and mark sheets and originals of your work experience letters.
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Current telephone numbers of present and past jobs.
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Directions utilising common names and landmarks to your present and past jobs.
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Photographs of the inside and outside of your current or most recent place of work.
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Dos and Don’t at the time of the Visa Interviews
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Dress properly for the Visa interview
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Answer all questions confidently
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Read your entire visa documentation before you go for the interview
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Get all information about the organization which applied for your work permit. Get the names of the key officers in the organization
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Get to understand clearly the areas of work of your prospective employer and be prepared to explain how your skills are relevant to the requirements of the employer
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Find out which medical plans are offered by your employers
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If asked about your place of work, please repeat faithfully what is said in your h1 petition
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Donot volunteer information or keep on talking. Answer only to the point.
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Please donot say anything about green card or anything to the effect that you would want to be in the USA permanently.
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Go sufficiently early for the interview to avoid the queues
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Should you need any more clarifications, please get in touch with
murugesh@assureconsulting.com
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Other Information about Visas
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A visa's validity period is the time during which it may be used to apply for admission into the United States; it does not indicate the length of time the visitor may spend in the United States. The period for which the bearer of a visitor visa is authorized to remain in the United States is determined by U.S. immigration authorities at the port of entry, not the consular officer. So please indicate at the port of entry in the USA that you intend to stay on work permit for the entire duration of your visa
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A visa is not a guarantee of entry into the United States. Visa holders are subject to inspection at the port of entry by U.S. immigration officials who have authority to deny admission. Visa holders should, therefore, carry with them, for possible presentation to immigration inspectors, the evidence submitted to the consular officer when the visa was obtained. Please carry with you all original documentation with you that was used to obtain the visa stamp at the embassy or the consulate
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A visa may not be transferred from one person to another, or used by any person other than the one to whom issued.
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Visas applicants should go only to the Consulate which has been indicated in their H1 visa approval for stamping. If you go to some other consulate, the visa will be issued at the discretion of the Consulate. At time you may be asked to go to the consulate which ahs been indicated in your petition
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Requirements for Business Express Visa applicants
Applicants for Business (B-1) Visas might consider the following:
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Copy of the petition filed with INS complete in all phpects like LCA approval, Education Evaluation etc.,
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Passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended
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Incorporation documents and business license(s).
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Tax statements for the last 2 years.
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Bank transaction statements detailing all deposits and withdrawals for the last six months. Include your personal and company accounts, along with evidence. that you have authority to draw on the company accounts.
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Exchanges of correspondence with U.S. purchasers, suppliers or contacts.
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Recent contracts, bills of lading or other documentary evidence of recent imports and exports of purchases.
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Any evidence of arrangements for lodging and appointments already made in the US in preparation for your trip.
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Any copies of recent advertising brochures or publications.
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DDs favoring American Consulate General in the city you are applying for your visa All fees must be paid by demand draft only, payable to the American Consulate General, in the city you are applying for the visa. Consular fees will be accepted by way of demand drafts issued by Nationalized and foreign banks only. The demand drafts should be in favor of American Consulate General, payable at Chennai. Demand drafts from cooperative banks will no longer be accepted for consular fees.
Separate demand drafts are necessary for the application and issuance fees. Your name and passport number must be included on the reverse of the demand draft. Demand drafts without this information will not be accepted.
NIV application fee: Demand Draft Rs. 2,160 This fee is non-refundable and payable whether
a visa is issued or not.
Issuance Fee: Demand Draft Rs.3,600.
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Note of Caution for Organizations using the Business
Express Program
Business visas are issued by the US embassy and consulates for the purpose of getting business and the person should not work at the client site / own US offices.
For more details write to murugesh@assureconsulting.com
The Business Express Visa program can be used by an organization for its employees if the employee has been with the organization for a minimum period of 3 months. This is waived on a case to basis. Increasingly US Consulate is aware that organizations in India recruit candidates and send them to the USA to work at client sites. Organizations in India are requested to be discrete and be extremely careful for it will invite unnecessary action from the US Embassy and it will lead to further tightening of the Visa Issuance process.
Working in the US can be done only with a valid work visa. If found that you are working on a business visa, you are liable to be deported from the US and you will be lucky if no criminal charges are brought against you. Organizations should be extremely discrete while using the visitors visa even under business express program.
Organizations who use this facility should be very careful since all the visas used under various categories are tracked for any patterns. Organizations which make their employees travel to the USA on Business Visas and post them to client locations must be very careful. Suppose a company A send it its employees B and C to the US on a business visa. B and C stay in the US for a period of 3 - 6 months or such time a regular work permit or visa obtained. When B and C apply for a regular work permit their visa issuals are tracked to see whether the company A repeats this process for it other employees, even the business visa applications can be rejected. It then the companies start complaining the US consulates reject visas with out any reason. There have enough and more cases where business visa applications are rejected for organizations all over India especially for Software development and software services organizations. If the US Embassy or Consulate detects a definite pattern, your organization could be warned or permanently debarred from the Business Express Visa Program.
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Drop Box Facility at the US Embassy and Consulates
The Consulate has the Drop Box service for applicants via travel agents or others representing the applicant. The passport, application, and demand drafts (MICR only) for the visa fee and the issuance fee should be dropped in the Drop Box at TT Services, No. 4K & 4L IV Floor), Prince Arcade, 22-A, Cathedral Road Chennai, India. Phone 822-6459.
The service fee of Rs150, payable by demand draft to "TT Services" at Chennai, will be collected when you drop off your passports. Please note that this service is not available to applicants who have been previously refused a visa. Passports delivered before 9 AM, will be processed and returned to applicants by courier to the address they provide. Passports received after 9 AM will be processed the following day.
Conditions for using the DROP BOX facility. Any one of the following will qualify
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If you posses a valid visa of the same category; or
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If you have made multiple trips to countries outside of India since 1995; or
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If you have a five year visa which expired less than three years ago; or
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If you are the spouse or child under 16 of one of the above categories; or
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If you are the parent of a U.S. citizen who is over the age of 21; or
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If you are over the age of 60, even if you have never traveled; or
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If you are a diplomat or officer of the Indian Administrative Services, Indian Foreign Service, Indian Police Officer or Indian Military (Major or above) with a "no objection letter" showing formal permission to leave; or
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If you are a member of an airline crew serving on U.S. bound flights from India; or
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If you are a returning student or a returning exchange visitor; or
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If you are an applicant for a J-1 visa going on a U.S. government ("G") program; or
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If you are an employee of a company approved to participate in the business Express Program and are going to the United States on company business; or
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If you are an H-1B/4 visa holder renewing your visa; or
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If you are the dependent of an H-1B, F-1, J-1 or L-1 visa holder
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If you are mentally or physically handicapped and accompanied by a mentally sound person. Relevant medical records must also be produced in this case
TT Services address
Bangalore:
107 Raheja Chambers,
12 Museum Road,
Bangalore-1.
Phone number: 5550112
Hyderabad:
H.No. 3-6-284/1,
(Opposite Old MLA Quarters)
Hyderguda,
Hyderabad - 500 029
Phone : 6585063, 5064
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Consular Offices and Hours of Operation
New Delhi
Residents of Delhi and the north Indian states of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan and Uttar Pradesh should contact:
The Consular Office & hours of operation:
Immigrant visa services: 8:30 a.m., Monday – Friday
Nonimmigrant visa services: 8:30 a.m. to 10 a.m., Monday – Friday
U.S. Embassy
Shantipath, Chanakyapuri, New Delhi
Phone: (11) 419-8000
Fax: (11) 419-0017
Mumbai (Bombay)
Residents of the western states of Gujarat, Madhya Pradesh, Maharashtra and Goa should contact:
The Consular Office Hours of operation:
Immigrant visa services: 8:15 a.m. - 1 p.m., Monday – Friday
Nonimmigrant visa services 8:30 a.m. to 11 a.m. Monday – Friday
Token distribution: 11 a.m.
The U.S. Consulate General
Lincoln House
78 Bhulabhai Desai Road, Mumbai 400026
Phone: (22) 363-3611 to 3618
Fax: (22) 3630350
Note: Mumbai's Visa Services Office is also closed on the last working day of each month.
Calcutta
Residents of Assam, Manipur, Meghalaya, Nagaland, Tripura, Bihar, Orissa and West Bengal should contact:
The Consular Office Hours of operation:
Immigrant visa services
By appointment/for adoptions and returning residents only
Nonimigrant services 8 a.m. - 11:30 a.m., Monday-Tuesday
Thursday-Friday (closed Wednesday)
The U.S. Consulate General
5/1 Ho Chi Minh Sarani , Calcutta 700071
Phone: (33) 2423611 to (33) 2423615;
(33) 2422336 to (33) 2422337
Fax: (33) 2422335
Chennai (Madras)
Residents of the southern states of Andhra Pradesh, Kerala, Mysore and Tamil Nadu, should contact:
The Consular Office Hours of operation:
Immigrant visa services 8:15 a.m. - 5 p.m., Monday –Friday
Nonimigrant visa services 8:15 a.m. - 5 p.m., Monday-Friday
The U.S. Consulate General
Mount Road
Chennai 600006
Phone: (44) 8277835 or (44) 8273040
Fax: (44) 8250240
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Updated on 17th January 2001
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