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'US visa cap has not yet increased'
November 24, 2005
You want to file for your US work visa. When should you begin?
US visa expert Dr Arun Vakil chatted with Get Ahead readers on November 23 and offered this advice: Nothing this year. Filing starts April 1, 2006 and quota will be allocated from October 1, 2006.
Dr Arun Vakil has an MBA from the University of California, USA, and a PhD from the University of Wyoming, USA. He is an expert on US visa regulations. He was associated with the US consulate in Mumbai as an economist from 1974 to 1977.
Dr Vakil conducts orientation courses for students going to the US; these courses are organised by the United States Education Foundation in India and the Indo-American Society. He also lectures on US visas and immigration laws.
Dr Vakil wrote the book Gateway To America, in 1984.
Here is the transcript:
Part I: Applying for a US visa?
champak: Does J1 exchange scholar visa have a limit for 2 years. That is once it expires is it compulsory to come back to india or can one pursue a Job there if one finds one.
Dr Arun Vakil: Normally J-1 visa is given for a period of time. Once that period is over, you have to return to your home country, stay there for two years and then retry.
chetan04jan: I have applied for an LI visa,but nearly 10 yrs back my tourist visa was rejected.Will this affect my LI visa issuance.
Dr Arun Vakil: No.
win: Is financial status considered while granting H1-B.
Dr Arun Vakil: No. But the salary you will get in your US job would be considered.
SwatiDhumal: Hi sir, I m civil eng working as s/w professional. I have applied for H1-B. My employer(US) has filed my documents but due to one document not submitted it's delayed. It had to come in this month end but delayed wil it come in this year ending?
Dr Arun Vakil: You have to pursue this case with your employer.
deepbh: Dear Sir, My student visa was rejected in 2000 twice. Then I went to Australia for further studies. Now I hold Permanent Residence visa of Australia. I would like to know what are my chances of getting US H1b/b1 visa considering my prev visa denial (even though student visa). Is my Australia PR (developed country visa) indirectly going to help me in getting US visa ??
Dr Arun Vakil: You can certainly apply for an H-1B visa if you have an employer. Previous rejection or Australia PR cannot influence US visa decision one way or the other.
VinodKumar: Hi Arun,I had a valid H1 visa thorugh a company could not use that visa as I resigned that company and joined the other, But I had filled the papers through another company and attended for Visa in London. But it got query saying that they require further administrative processing and would get back to me through email and stamped on my passport which says Application recieved . But as of now its been 5 months no response from them. Can I again file the papers and get processed through any other company.
Dr Arun Vakil: It seems that the company that filed for you is not of high standing from standpoint of US consulate, London. You need to look for an alternative employer.
dipub4u: Hi,I do have an valid H1b,but not yet travelled to US.My visa stamped on 28th December 2004.and valid till July2007.Some one told me that , my visa automatically gets cancelled if i am not travelling within 1 year.How far it is true.
Dr Arun Vakil: If you do not travel soon after getting H1B visa, the intention of yours as well as that of employer is in doubt.
The visa officer at the US airport will question you for details as to why you did not go early. If he is convinced with your answer, no problem. If not, you may be denied entry.
murthy7: Sir , after My H1B visa interview ,application was kept pending under 221g saying we need more time for processing..Its six weeks since I went for interview..how long do they normally take to decide.
Dr Arun Vakil: They may have found something not right with your employer which may be a body shopping company or not a reputed employer. It could take several weeks for response.
cherian: do u give advise on canadian immigration.
Dr Arun Vakil: No.
nitin.ag: Dear Vakil, I had recently been to US on BL1 Visa, in the experience details there was some error in the duration of the project as mentioned in the I92S continuation sheet, Please let me know if there can be any issues raised by the consulate, when i reapply for H1B, since the current BL1 Petition has incorrect project duration.
Dr Arun Vakil: No. But if asked about it, you should give a satisfactory reply.
ravindra: Sir, I am having a 5 yrs of experince in Software Development. I want to get a H1 Visa. What should be by approach for same?
Dr Arun Vakil: Visit www.nostops.org. Get an employer.
Vicky: Hi, Good evening sir.Please reply on this. I couldnt apply for visa due to the cap reach. Can you tell me if the new increase in cap of 30000 will help us to apply again for visa for the year 2006. Your advise will helpful.
Dr Arun Vakil: New cap increase has still not taken place. Newspapers have misled people.
firstname.lastname@example.org: i am bachleor of science with computers background and and in my H1 application it was written as Bachleor of computer science based on the Amreican crendentil evalutaion. is it correct or should i correct it as bachleor of science.
Dr Arun Vakil: If American credential evaluation has given this verdict, stick to it.
sandeep_kumar_singh: hello Dr. Vakil, i am almost done with my MS from one of the university in norht dakota,US..so can i myself apply for work visa or some employer will apply the work visa for me another question is that,im doing my studies in US since fall 2004,when can i apply for green card or is it that,i can't apply for green card on my own.thankyou.
Dr Arun Vakil: For both H1-B and Green Card, you need an employer to file for you. You cannot file yourself. That is possible only if you marry a girl who is US citizen or H-1B visa holder.
vikramrokade: Hello Sir, I own a software development company in india, I m having a diploma (3yrs) after my 10th, Which visa should i apply for? I have very good customer base in USA?
Dr Arun Vakil: H1-B visa is given only to Graduates. Therefore, you can only visit the US for business.
email@example.com: Sir ..again when will start H1B filing sir..please i let u know the details ..any chance this year sir.
Dr Arun Vakil: Nothing this year. Filing starts April 1, 2006, and quota will be allocated from October 1, 2006.
saurabhs: Dear Sir, While applying for Student Visa besides sufficient Bank balance, is it necessary to evidence regd. property in the name of the sponsor?
Dr Arun Vakil: Yes. If the sponsor is your family member like father, mother, brother; you need to show their property to show that they have the capability to finance you.
bsdeepu: Hi Dr. Arun, I have a question to you. I have applied for H1b Visa thru a company and i am waiting for the valid petition form I-797, Can i book an appointment in the US counslate, without having the form I-797 through the new system of booking.
Dr Arun Vakil: They may not allow booking without I-797.
Nagarajan: Sir, I have done my B.Com and M.C.A(Eng). After B.Com i worked for two years in Banking and Insurance then i joined MCA. I am having total of 4 years of exp of which two years in functional in Banking and Insurance and two years of IT exp in banking and insurance. Whether I am eligible for US Visa? If so which category?Whether percentage of Marks,Full time or correspondence edu are having any impact on the visa rejection?
Dr Arun Vakil: You have good background. An employer has to take interest in you and file H1-B visa for you when available.
jain : sir, have you recd my question?
Dr Arun Vakil: Repeat your question.
Saikrishna: Dear Sir, Please give a good suggestion for getting a job in US.Visa processing and other documentation required.
Dr Arun Vakil: Visit vfs-usa.co.in , arunvakil4usvisas.com and nostops.org.
atulbali: HiI was rejected a US visa recently. The reason given was that I am changing my Job too frequently. It was my 3rd job in last 2 years. Is it a good enough reason to reject VISA. Does it harm chances in furure.
Dr Arun Vakil: Frequent changes of jobs raise doubt. Unless the changes were done for solid reasons, the visa officer will doubt your intentions.
viru_in1: Hello Dr. Arun! I am software engineer as Mainframe Developer with 2 years experience and B. E. in major structural engineering as educational qualification. I want work in USA, may I know how to go about it? And Can it possible USA company sponsere me for Visa.
Dr Arun Vakil : Yes. A US based employer has to take interest in you and apply for you. Contact recruiters and search net. Visit www.nostops.org.
xxvs_tr: resending: I already have a H1B, my company wants to file for a B1 for me, will my H1B be cancelled when i go for stamping the B1 visa
Dr Arun Vakil: Company cannot file B-1 for you. It is a business visa applied by individuals.
sanju1981: I have 3 yrs experience in IT field in TCS ,How much are the chances that i will get job in US company
Dr Arun Vakil: Good chance. Try hard.
amit.talpade: What is a amount required for H1 B processing
Dr Arun Vakil: $ 2,185 for regular processing and additional $1,000 for premium processing. There is proposal to increase this further.
gururohit: my passport is of the old format with given name as Rohit Sharma and no seperate surname and given name. will this be a problem while stamping for visa.
Dr Arun Vakil: Not really. You have to explain clearly to the officer.
Nivas: Sir, Can I have B1 and H1 both. I already hold B1 now can I go for H1Visa stamping.
Dr Arun Vakil: Normally, you cannot have two non-immigrant visas.
sandeep_kumar_singh: well my girlfriend is US citizen and we are already living together from last more then one year and weve been in close contact from last 5 years,so what is the possible procedure to get the work visa and green card in this condition.thankyou.
Dr Arun Vakil: You have to be married to make your spouse eligible to file for you.
Dr Arun Vakil: Ok friends, time's up. Good conversing with you. Write to me at firstname.lastname@example.org
Part I: Applying for a US visa?