Visitor’s visa for CPA aspirants

US Immigration Attorney Nandini Nair says that CAs in India, can enter through visitor visa for CPA exam

I am a 27-year-old, unmarried, chartered accountant from India. My parents have emigrated to the US almost three years ago on a green card. I want to go to the US to appear for the CPA exam. Can you suggest some ways by which I can go to the US as early as possible? Can my parents sponsor me as a dependent? Also can you let me know how soon I can go to the US, if my parents apply for me based on their green card status? Or is it better for them to apply for me when they are citizens?

—Rajneesh Mehra

The only way you can go to the US for the CPA exam meant for chartered accountants is through a visitor visa. This will be difficult since the authorities will know that your parents have settled in the US through green card, but all you can do is try. If your parents sponsor you for a green card while they are green card holders, it will take 10 years for you to obtain the green card and enter the US. In addition, you must remain unmarried until you enter the US because there is no category of green card for married sons or daughters of green card holders. If they apply for you when they become citizens, it will take about six years, since they can apply for citizenship after they have been green card holders for at least five years.

I received my H1-B approval in February 2001 but my papers were kept on hold due to the economic downturn in the US as a result of which I could not get my visa stamped. After contacting the sponsoring company I learnt that they were not in a position to hire me immediately, but would surely help me to transfer the visa to another company. (a) Is it possible to transfer this H1-B to another company even though the stamping has not happened? (b) Should I get it stamped before applying for the transfer? If I do get it stamped, which will be the starting date for the visa? (c) While transferring the H1-B, is a pay stub from the earlier company required?

—Somesh Gupta

If you want an H1-B sponsorship from a new company, they will need to file a new petition for you at the INS and then send you the new approval notice. Once you receive that, you will have to go for stamping with that approval notice. The approval notice that you currently have has become void since it is not stamped. The most important thing to remember is that you are not considered to be on H1-B status until you enter the US. The starting date of the visa will be the date on, which visa is issued by the consulate and the expiry date in the date mentioned on the H1-B approval notice. The pay stub from the earlier company is only required if you are in the US on a valid H1-B status and you find another employer who wants to sponsor you for a H1-B.

I have applied online for a technical position in a reputed US based company. Now, the company wants to take a telephone interview with me. But, I wonder whether or not I am eligible for a H1-B visa? I have finished my graduation this year and I have 2 yrs experience in the technical field . I have a three year bachelors degree in IT from Mumbai University. Am I eligible for the H1-B visa ?

—Ashish Sawant

To qualify for H1-B visa, you need a four year bachelor’s degree or if you have a three year degree, you need either three years of relevant work experience or at least a 1 year post graduate diploma.