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 Nandini
P Nair reminds that the spouse of an H1-B visa holder cannot work
under the H-4 status
I am an H1-B visa holder working in the US,
currently in India on a vacation. My wife, who is on an H-4, was
offered a job. Can she begin working when we go back to the US?
—Sumit Agrawal
No. The H-4 is a non-working
status visa. A person who is on an H-4 status must have an employer
file an H1-B petition or other working category to allow her to
work in the US. Once the petition is approved with a change of status,
then she is in the new work status and can take
the job.
Can I change my status from B2
to H1-B, without leaving the United States? If yes, do I get a fresh
I-94 card for the H1-B or do I have to re-enter the US after getting
the visa stamped on my passport? In case my H1-B application is
approved before my B2 I-94 expires while I am in the US, can I start
working after applying for the SSN? I would appreciate if you could
answer my queries.
— Richard D’Souza
First, you can file for a change
of status application from B-1/B-2 to H1-B, but you should do it
only after 60 days of entering the US and before the B-1/B-2 I-94
card expires. In addition, you do get a new
I-94 card for the H1-B. It will be attached to the H1-B approval
notice. Once the H1-B application is approved, your B-2 I-94 card
is no longer valid and you can remain in the US on the H1-B’s I-94.
And you can work upon receipt of your SS number.
What are the chances of securing
an H1-B visa under the premium processing scheme?
—Riya Ahuja
The review process is the same
as regular processing, so the chances are the same but just a faster
response.
What can I do if I am unable to
get a copy of the requested birth (or marriage) certificate for
processing immigration documents?
—Asit Dutta
Following are the details:
Birth certificate and adoption:
Affidavits are considered secondary evidentiary sources and can
be rejected unless the official in the foreign country explains
why there is no birth record. Child for adoption (other than those
meeting the INS definition of "orphan"), should be under
16 with two years of legal custody and reside with adoptive parents
for two years.
Birth certificate: Usually
an affidavit from people present at the birth may be a substitute
to the original birth certificate, only after showing that the original
has been destroyed or is unavailable. If the people writing the
affidavits know that the birth was not reported to any civil or
religious authority, they can state that in the affidavit. In addition
to the affidavits, you should also present a certificate of non-availability
from the local authorities and/or anything else available, such
as school-leaving certificate, etc.
For India, acceptable birth
certifications are: A birth certificate from the panchayat, municipality,
corporation (this should be from the same place that is shown in
the ‘Place of Birth’ column in your passport). Or, all of the following:
1. A certificate from the panchayat,
municipality and corporation that the birth is not registered.
2. Two affidavits on revenue
stamped papers from any two persons who have knowledge of the birth.
These affidavits should be notarised.
The above procedure is good
for marriage certificates as well.
Nandini P Nair is a US Immigration
Attorney based in New York, US. E-mail: dininair@aol.com
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