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 Nandini
P Nair clarifies that B1 visitors cannot work without prior authorisation
I have over 30 years of experience, including
over 20 in software development with leading IT companies. I am
setting up an offshore software development unit in India and intend
to visit US on B1 visa for marketing activities. During my visits
I might have to take up small or part-time to short duration full-time
assignments on behalf of my company, eit-her as proof of concept
or to sustain expenses for my ma-rketing mission. Kindly inform
whether the law permits me to take up such assignments on a B1 visa.
If not, are there any other legal means of achieving this objective.
—L R Rao
Under the B1 visa, you are not allowed to provide
any productive services to a US entity without work authorisation
from Immigration Services. Therefore you cannot accept assignments
on behalf of your company and provide productive service.
I am an Indian citizen, currently on an H1-B
visa to the US. If I marry a US citizen, will it be possible to
or-ganise the wedding in India and return here as a US citizen?
Or, is it necessary to marry in the US? How will this work if I
settle down in the US permanently?
—Rima Mandlik
You can get married anywhere, but your US spouse
has to file for you—whether in the US or directly at the consulate
in India. Either way, the application has to be approved before
you can become a US citizen. This process can take one to two years.
If you register for the application at the consulate in India, you
can come back to the US on the H1-B visa, but you will have to go
back for your green card interview. If your spouse files it in the
US, then you will have your interview in the US and you are in the
US while the application is pending.
In May 2004, I came to the US with a B1 visa
and my I-94 will expire in another month. Recently I got this B1
(multiple entry 10-year) visa to come here for knowledge transfer.
Can I change my status legally from B1 to H1-B? One company is interested
in processing my H1-B visa. They say I should pay for the premium
processing. But, is it legal to stay after the I-94 expires on August
15, as the processing cannot be done before October 1, 2004. Please
let me know.
—Anurag Behl
You cannot stay past August 15, unless you file
for an extension of the B-1 before your I-94 expires. I also recommend
premium processing in case the quota finishes bef-ore they get to
your case.
My mother, who is a US citizen, sponsored me
for a green card and now I have been scheduled for the interview.
The problem is that I do not have a birth ce-rtificate. What should
I do?
—Rini Jha
You can use affidavits from people present at
the birth as a substitute to the original birth certificate, but
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.
You should also present a certificate of non-availability
from the local authorities and anything else available, such as
school-leaving certificate, doctor or midwife certificate, etc.
The affidavits should be on revenue stamped papers from any two
persons who have knowledge of the birth. These affidavits should
be notarised.
Nandini P Nair is a US Immigration Attorney
based in New York, US. E-mail: dininair@aol.com
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