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Immigration FAQs | - Can the spouse of an H-1B, TN-1 or F-1 work? No. Spouses and unmarried children under the age of 21 can accompany the visa holder to the United States by requesting a visa (H-4, TD or an F-2) but are not permitted to work on that visa. He/she must request a change of status to a classification that allows work authorization.
- Can an individual transfer an H-1B Petition?Yes, but the new employer must file its own H-1B petition for the employee. At that time, an extension of H-1B status is also generally requested. It should be noted that there is no guarantee that a subsequent petition will be approved.
- How long does an H-1B Petition extension take? At the present time, it is generally taking 8 to 16 weeks to obtain an approval.
- How long is the H-1B Petition valid?The initial petition is valid for up to 3 years. Thereafter, the individual may be eligible for an extension of up to an additional 3 years, for a total of 6 years in H-1B status. Under certain circumstances, it may now be possible to extend and H-1B visa beyond 6 years.
- What are USCIS Service Centers? They are large regional USCIS offices that adjudicate most employment-based applications and petitions. There are four Service Centers in the United States They are located in Vermont, Texas, Nebraska and California.
- Is NAFTA (TN-1) employer-specific? Yes. TN-1 visa holders must obtain USCIS approval prior to changing employers.
- What is a "landed immigrant?" It is a permanent resident of Canada.
- Is a landed immigrant eligible for NAFTA? No. Only citizens of Canada or Mexico are eligible for TN visas.
- Can the spouse of a J-1 work? J-2 dependents may apply to the USCIS for permission to accept employment if such employment is needed for the support of the dependent, but not for the support of the trainee. If permission to work is granted, it is valid for any kind of employment and for any employer.
- Is a Green Card green? No. The Green Card has been revised a few times and there are numerous versions of it around which are still valid. The present Green Card (Form I-551) is rose-colored with a blue logo. Some older versions were blue or white with a blue logo.
- When are Employment Authorization Documents (EADs) issued? The USCIS issues EADs under numerous circumstances. One common one is when an F-1 student applies for and is granted practical training. The other common one is when an individual applies for an Adjustment of Status (Form I-485) and simultaneously or subsequently applies for an EAD.
- What is Advance Parole? It is a document that is issued by the USCIS to an individual who has applied for Adjustment of Status. It allows the individual to reenter the United States after a departure while the Adustment of Status is pending. An Advance Parole document is valid for 1 year, and can be renewed for 1-year intervals thereafter.
Helpful links Links to U.S. Embassies and Consulates Worldwide: http://usembassy.state.gov/ How do I apply for a visa in Canada or Mexico: http://travel.state.gov/visa/temp/without/without_1260.html U.S. Department of State, Visa Services Site: http://travel.state.gov/visa/visa_1750.html Monthly Visa Bulletin (Quotas): http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html INS Forms, Fees and Fingerprints: http://www.uscis.gov/
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