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 Nandini
P Nair informs how long a green card holder can stay outside
the US
I am a US green card holder. I am thinking
of returning to India for a while. How long can I remain outside
the US without jeopardising my green card?
—Shashank Katju
A green card holder has to spend at least six
months a year in the US to maintain his green card status. If one
just makes a once-a-year or once-every-six-months visit to the US,
it may appear over time that the person is spending more time abroad
than in the US or is living and working abroad, he or she is at
risk of losing his green card status. If the person plans on extending
his/her stay outside the US, it is possible to apply for a re-entry
permit valid for a maximum period of two years, before leaving the
US.
My son is working in the US and his green
card is under processing. He is a bachelor. I understand that if
he gets a green card before his marriage, he has to face a lot of
difficulty for taking his wife to the US. Can you suggest a solution?
—Shiv Mittal
As long as your son gets legally married before
the final approval of the green card, his wife can also apply along
with his current green card application. If he waits until after
he gets his green card, it will take about five-seven years to bring
her to the US on the green card.
I have heard that the H1-B quota has been
reduced significantly. I am going to extend my H1-B status in January
2004. Do I need to worry about this?
—Rohit Bhalla
You do not have to worry about this. The H1-B
quota has been reduced to 65,000 for fiscal year 2004, which starts
October 1, 2003. This limitation only applies to H1-B cases filed
for “new employment.” People already in the US, on the
H1-B status, are not subject to the quota when they will extend
their status. Those people, who will be seeking to obtain H1-B status
for the first time, such as students and possibly those requesting
consular notification, even if they previously were on H1-B status,
do have to be mindful of the cap.
I am a software professional and have received
my H1-B visa papers recently from my US employer. My problem is
that their organisation is a LLC. What does LLC stand for and what
is the difference between LLC and Inc?
—P K Rathi
LLC stands for Limited Liability Corporation,
it is just another form of a corporation and has different advantages
from an Inc company, for the owners. It is has no relevance as far
as visa processing is concerned.
I am on F-1 status in the US and have a practical
training work permit. If my work permit expires, do I have to stop
working until the H1-B approval comes through?
—Karun Sinha
Yes. If an H1-B petition requesting a change
of status is filed prior to the expiration of the F-1 status (date
of completing school or of finishing practical training, plus 60-day
grace period), you can legally remain in the US. However, you cannot
work for the company during the time between the expiration of the
practical training authorisation and the validity date of the H1-B
approval. Therefore, you should not continue to work after expiration
of the work card, but you can remain in the US legally while awaiting
the H1-B case decision.
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