|
|
Nandini
P. Nair is a US Immigration Attorney based in Stamford, USA.
E-mail: dininair@aol.com
|
US
immigration attorney Nandini P Nair gives details of the
H-3 visa for special training in the US
My
company is sending me to the US for training on an H-3 visa. I would
like to take my wife along. Can you give more details on the H-3
visa? Also what visa can my wife apply for, besides the visitor’s
visa?
—Suresh
Rao
The
H-3 classification applies to aliens coming temporarily to the US
to participate in a training programme. There are general H-3s,
and those coming for special education training. There is currently
no yearly quota on H-3 applications to the US.
The
US employer or sponsors must show that:
-
Proposed training is not available in the beneficiary’s home
country.
-
The beneficiary will not be placed in a position that is in the
normal operation of the business, and in which citizens and resident
alien workers are regularly employed.
-
The beneficiary will not be productively employed, except as incidental
to the training.
-
The training will benefit the beneficiary in pursuing a career
outside the US.
Your
spouse and children (unmarried children under 21 years of age),
are entitled to H-4 status with the same restrictions as the principal
applicant. In addition, H-4 spouses may not be employed under the
H-4 status.
My
H1-B visa, filed by a Florida-based consultancy firm, is valid till
November 2003. The firm recently gave me the papers. For how many
years will my H1-B status remain valid?
—Rahul
Kumar
An
H1-B is valid for six years, as long as the employer continues to
sponsor you throughout the six-year period. Regarding your entry,
you may face questions as to why it took so long to enter the US
and if there is still a bonafide job offer. You should carry with
you the original H1-B approval notice, the INS documents, your educational
documents and a recent job offer letter from the company. Upon entry,
your stay in the US will only be till November 2003, and then the
company will have to file an extension for you for another three
years prior to November 2003, to keep you in valid status in the
country.
My
cousin brother is a green card holder. How can he sponsor me for
a green card? Who is eligible to sponsor a sibling?
—Shweta
Jain
In
the US, a cousin is not considered a sibling. And only US citizens,
who are at least 21 years old, are eligible to apply to bring their
brother or sister to live and work permanently in the country. A
green card holder cannot apply to bring his brother or sister to
live and work permanently in the United States.
I
have heard that a green card can be filed for an orphan. Who is
considered an orphan? This is for a friend who is currently in the
US, and seeks your advice.
—Ram
Ahuja
Under
the US immigration law, a foreign-born child is an orphan if he
or she does not have any parents because of the death or disappearance
of, abandonment or desertion by, or separation from or loss of both
parents. A foreign-born child is also an orphan if his or her sole
or surviving parent is not able to take proper care of the child
and has, in writing, irrevocably released the child for emigration
and adoption. For such a child to gain immigration benefits, an
orphan petition must be filed before his or her 16th birthday. An
orphan petition may be filed before the child’s 18th birthday,
if the child is a natural sibling of an orphan or adopted child,
and is adopted with or after that child, by the same adoptive parents.
Who
is eligible to file an orphan petition? A married US citizen and
spouse (no special age) or an unmarried US citizen at least 25 years
of age. The spouse does not need to be a US citizen; however, if
in the US, the spouse must be living there legally. To make the
adoption process faster, you may apply for advanced processing before
you actually find an orphan to adopt. An application for advance
processing may be filed by anyone eligible to file an orphan petition.
An unmarried US citizen may file an application for advance processing
if he/she is at least 24 years of age, and will be at least 25 when
an orphan petition is filed on behalf of a child.
|
