|
 Nandini
P Nair informs about the new rule for non-immigrant visa application
Dear readers, the US consulates in New Delhi
and Kolkata will accept non-immigrant visa applications from persons
who otherwise would apply at the consulates in Chennai or Mumbai
in limited, emergent circumstances. This change is effective as
of March 22, 2004.
More information on applying for non-immigrant
visas is available on the consular websites. The website for contains
pertinent information as well as links to the other consulates.
Persons attempting to apply out of district must
apply in person, speak English, and demonstrate that they have emergency
needs to travel before appointments can be obtained at the US consulate
under whose jurisdiction they would normally be subject. This procedure
is not available to persons who have previously been denied visas
for any reason. This change is being made because the waiting times
for interviews in New Delhi and Kolkata are, at the present time,
much shorter than those at either Chennai or Mumbai.
My company wants to send me to the US for product
(software) training. They have asked me to apply for the B1 visa.
I have gone through the B1 visa requirements and have almost fulfilled
most of the requirements. But I have doubts regarding my educational
qualifications.
I have a 10 + 2 + Diploma in Electronics Engineering
(three years full-time), + A level from DOEACC. Currently I am about
to finish B-level (equivalent to MCA). I did my A-level and B-level
through correspondence as I have been simultaneously working. Please
let me know whether my education can be a hindrance in acquiring
the B1 visa.
—Ranjan Das
There is no educational requirements for the
B1 visa, therefore you will not face any problems.
I am a bit confused with some immigration words.
What is the difference between a lawful permanent resident and a
US citizen?
I thought they were the same thing. Please clarify.
—Smita Gupta
A lawful permanent resident (LPR) is an immigrant
who is in or coming to the US to live permanently. An LPR may continue
to hold the citizenship of his/her country of origin. After a period
of time (a minimum of five years) an LPR can apply for US citizenship.
An LPR can lose permanent residence if during
this period he or she fails to keep the US as the primary place
of residence.
Both LPRs as well as US citizens can work and
live anywhere in the US; must serve in the US military if asked
or drafted; can own real and personal property in the US, and must
file US tax returns.
However, only a US citizen has the right to vote
(an LPR may not), and only a US citizen may hold public office (an
LPR usually may not). Some jobs requiring security clearances and
some government jobs also require US citizenship.
An LPR can lose this status by committing certain
crimes, abandoning residence in the US, receiving certain kinds
of welfare, and committing some other ‘deportable or excludable’
acts.
A US citizen cannot lose his or her citizenship.
I came to the US in 2003 with a 10-year multiple
entry tourist visa. After two months I got an employer who sponsored
my H1-B, which was later approved for three years (till 2006).
Where can I have my passport stamped with my
new H1-B visa, now that I am here in the US? Is it automatically
considered as a multiple entry visa?
I believe I need to get my H1-B visa stamped
before I can visit my home country. Will it be possible for me to
return to the US and continue my work?
—Francis D’Mello
You are in valid H1-B status in the US since
you have the approved H1-B, but you will need to get an H1-B visa
issued on your passport if you want to travel outside the US. You
have to go abroad to a US consulate to get your visa issued, it
cannot be done in the US for first time H1-B visa applicants. So
you can go to Canada or back to your home country. It is always
recommended to do it in your home country.
Nandini P Nair is a US Immigration Attorney
based in New York, US. E-mail: dininair@aol.com
|
