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 US
immigration attorney Nandini P Nair informs about the reduced
visa fee for various categories
Please note that as of October 11, 2003,
visa issuance fee is no longer needed for Indian students, exchange
visitors, transit and crewman visas. The fee has been reduced for
visitors and business visas from $75 to $50. The changes in issuance
fee apply, whether a visa is issued in India, through revalidation,
or through third-country processing at other consulates, for instance
in Canada or Mexico.
This change is only for the visa issuance
fee. The $100 application fee remains in place, and is non-refundable.
Issuance fee depends on reciprocity, which is the explanation for
the change in the amount. The change brings the issuance fee charged
to Indian nationals by the US in line with those that are charged
to US citizens by India.
I have a 10-year multiple entry B-2 visa to
the US. Once I enter the US, how many times can I extend my visitor
visa status?
—Smita Kumar
When you enter on the B-2
visa, you are usually given six months validity date. You can obtain
an extension for another six months for a total of one year without
too many issues. But beyond that, it will be difficult. You will
have to provide detailed reasons as to why the extension is needed.
The INS will make the determination on
a case-by-case basis. The INS can always deny the extension, if
they are not convinced that the person truly intends to remain here
only on a temporary visiting basis.
It is rumoured in India that the H1-B programme
is going to be cancelled. Is this true? Should I worry about it?
—Som Shukla
I cannot say don’t worry about it,
but it seems unlikely that the programme will be cancelled, there
is too great a need for foreign workers in the US.
The bill to eliminate the programme was
introduced on July 9, 2003 and referred to the committee for consideration.
There has been no further action on it since then. Hopefully, the
bill will not get further than this.
I am working in Chicago on an H1-B visa. I
am going back to India to get married and bring my wife here on
an H-4 visa. Once she comes here, if she is offered a job, can she
begin working?
—Srinivas Pillai
No, she cannot begin working. An H-4 visa
holder is not allowed to work. She must have the employer sponsor
her for an H1-B petition. Once the petition is approved with a change
of status, then she is in H1-B work status and can take the job.
You need to make sure she has a bachelor’s degree in the intended
field.
My sister is in the US pursuing her Bachelor’s
Degree in Chemical Engineering in the state of Wisconsin.
She has been ill lately and is considering going to school only
part-time. Can she do this or is it necessary for her to be always
a full-time student?
—Shirish Patel
Your sister has to maintain full-time status
since she is pursuing a Bachelor’s degree, which means that
she must take at least 12 academic hours.
If she was taking a Master’s course,
the decision will be left to the school to define, (especially since
work on a thesis or dissertation may constitute full-time work even
though no credit hours are being taken).
Nandini P Nair is a US Immigration Attorney
based in New York, US. E-mail: dininair@aol.com
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