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在 Mitbbs 上挖到一件宝贝 The FAQ is from a company's immigration mailing list. The original author is an alumnus of BUPT, he hereby welcomes any sort of copy and paste and changes for good of this FAQ. [Disclaimer] Original author and reposter take no responsiblity and liability for any sort of effects by applying information from this FAQ list. The FAQ may or may not be correct in term of immigration details, please communicate to immigration lawyers with valid bar licenses for legal help. [FAQ] 1. What is a "Visa"? The visa sticker placed in your passport by the U.S. Embassy or Consulate is your permission to enter the United States in that status with the required documentation (I-20 or IAP-66). You must attend only the school named on your F-1 visa sticker (for F-1s) or attend only the school with program number P-1-2905 on your J-1 visa sticker (for J-1s). --------------------------------------------------------------- 2. What is "Status"? Status is granted to you when you enter the United States at the airport or at the U.S. border. The visa sticker and other required documents (I-94, passport, and I-20 or IAP-66) are inspected by the INS. If all paperwork is in good order, the INS officer grants you F-1 or J-1 or other status by writing the status category on your I-94 card. ---------------------------------------------------------------- 3. Visa vs. Status My H1 visa has expired, am I out of status? The term "visa" is often confused with the term "status". While visas are imperative in that they are your "key" to enter the US successfully, approved status deals with a group of privileges you receive after being allowed to enter the US with your current visa. When people talk about obtaining a visa, they are actually referring to status. A visa can be thought of as an entry document into the US to then be able to study, work, intern, perform, etc. under an approved status. Without a valid visa, a visa holder cannot successfully travel in and out of the US during the length of the visa holder's status. --------------------------------------------------------------- 4. Will my employer reimburse the fees associated with I-485 medical, fingerprinting or passport photograph? It's your employer's policy to reimburse those cost. Check with your HR and/or immigration department. --------------------------------------------------------------- 5. If I apply EAD and AP, does it mean that my H1 will be terminated immediately? I just got my EAD, am I still on H1? A general EAD (compared to F1 OPT EAD) benefits from Adjustment of Status, which entitles the bearer to work in US almost without any restriction. Having an EAD itself doesn't affect your non-immigrant status. You lose your H status ONLY WHEN YOU USE YOUR EAD TO WORK (either full-time or part-time). Again, you can keep your H status unless you work on your EAD. In case you use your EAD to take a part-time job outside Your employer, you break your H-1 status even when this is a part-time job. Contact HR immigration dept. and re-file I-9 form. --------------------------------------------------------------- 6. I just received my I-129/I-140/I-485 receipt, how do I track the case status? Note:INS does not provide a web-based tracking system today, but one will be available next year. Here are some ways to track your status. - Call the AVM number on your receipt (949-831-8427 for CSC), and listen to the automatic message about your case. You usually get busy tones during business hours so if you just want to hear the voice message (instead of talking to an IIO), make the call at night or on holidays. Remember to call that number only when you think your case is close to approval, in light of the information from other sources shown below. It may happen that AVM has not updated your case status even when it's already been approved. CSC issues JIT processing report periodically, usually biweekly. It's available at http://www.immigration-law.com/Processing-Times.html, among other immigration sites. Note: Please read the footnotes following the CSC JIT report thoroughly. "Receipt Notice Date" is the ND of the last case that has been taken from the shelf and assigned to an immigration officer. Allow 4 weeks after the assignment of your case to get the approval. For I-140, EB2 falls in E2-1, and EB3 in E3 category. For I-765 (EAD), our 485 EAD cases fall in 90-day category. - Mr. "Ciba" is not just a human being, but an inspiring figure for all employment-based immigration applicants. He is a warm-hearted and steadfast man. A truly nice guy is one who helps people just because he wants to help people. Ciba is such a nice guy. He believes helping others is helping yourself. Ciba and his "followers" have devoted their time to establish a web site to track I-140/I-485 cases filed with CSC. They collect information from individual petitioners by email or web form and publish it online. This is an efficient way to track cases. Ciba's I-140 tracking page: http://www.geocities.com/ciba_2/I140/CSCI140.htm Ciba's I-485 tracking page: http://www.geocities.com/ciba_2/I485/WebCSC.htm - Immigration BBS's are good places for immigration applicants to exchange their case info. In addition to getting information fast, you can also get most updated information. While the CSC JIT report and Ciba's pages get updated manually every few days, you can see people advertising their application approval, on the BBS, right after they have received letters from INS or have been called by their lawyer. One of the most popular immigration BBS is http://www.immigrationportal.com & also happens to be Ciba's "home" BBS. Note: You have to register and login to get access to all of its message boards. http://www.isn.org and http://www.immihelp.com are two other good BBS's. It is a good etiquette to share the updates of your cases with other people. Do remember to mask the last 5 digits of your WAC number with "X"s since your WAC number is associated to the ND of your case. --------------------------------------------------------------- 7. Where can I get latest news about US immigration? http://www.immigration-law.com/ (updated daily, if not every hour. News on this site is concise but useful.) http://www.usvisanews.com/ (updated every business day. It gives too many details.) http://www.isn.org (An employment-based immigration sponsoring organization.) --------------------------------------------------------------- 8. For Employment-Based immigration, am I supposed to submit a ny original documents? Usually, copies of supporting documents from you are fine, with a few exceptions. Employment Certification letters has to be original. Also, its better to provide the INS with the original university transcripts because they are easy to retrieve, especially when your school is in the US. Besides this your lawyer will prepare most of the other documents. These documents are the various formal forms required for certain immigration cases. For instance, ETA-750 for AEC (LC), I-129 for H1-B and I-140 for EB petition, as well as some of the supporting documents from your sponsoring company (which in your case is Your employer). --------------------------------------------------------------- 9. What is the format of the Employment Certification Letter (a.k.a. work experience letter)? Should it be on plain paper or on the company' letter head? The best person to answer these questions is your lawyer, since he/she would know the type & purpose of the document. Typically, the letter would start as "I certify that�.," & certify that you had worked for that company from MONTH/YEAR to MONTH/YEAR, & specify the position you worked at. It is highly recommended that the letter be printed on the company's letterhead. --------------------------------------------------------------- 10. Can I get the Employment Certification Letter (a.k.a. work experience letter) from my co-worker, or must I get it from my manager / supervisor? Although a letter from your co-worker is fine, one from your manager/supervisor is the best. --------------------------------------------------------------- 11. I do not have a birth certificate, what can I do? If you don't have a birth certificate available or if there is any problem with it (name is different from the name in passport, there is no name in the birth certificate, parents' names are not there or there is discrepancy with the parent's name etc.), get the affidavit from your relatives/parents. On-line resources: http://www.immihelp.com/aos/birth_affidavit.html Department of State' (DOS') reciprocity page http://travel.state.gov/reciprocity/index.htm. Click on the first letter of your country's name (on top of the page) & look under the DOCUMENTS section. Special advisory memo to India-born persons http://www.jackson-hertogs.com/misc/IndiaBrn.htm --------------------------------------------------------------- 12. What is a Green Card? A Green Card is an immigrant visa, which gives you the status of Permanent Resident. Green Card permits permanent residence to an individual, his/her spouse, and minor children. An individual obtaining the permanent residence can live and work in USA. The permanent visa is most commonly known as "Green Card". --------------------------------------------------------------- 13. What are the benefits of a Green Card? - The right to live permanently in the US. - The permission to work in any company located in U.S. territory regardless of job function, hours/week, etc. except for some companies that only hire U.S. citizens. - The right to apply for government-sponsored financial aid for education. - The permission to start own business and create own corporation. - Greencard holders can get into welfare if unable to get a job. - Greencard holders can sponsor spouse and unmarried children to obtain permanent status. - Greencard holders get Social Security benefits when they retire, if they worked for 10 years before retiring. - The right to enter the US after travel abroad. - The right to apply for US Citizenship after continuously living as a permanent resident in the US for five years. - Most rights held by US Citizens under the constitution including the right to free speech, right to practice religion. --------------------------------------------------------------- 14. What are the limitations of a Green Card? Green Card holders are not allowed to: - Vote in local, state and federal elections - Work or hold a position in most mid and high level local, state or federal government offices (including work as a police officer). - This status may become invalid if the Green Card holder remains outside US for a continuous period of one year or more, as that indicates abandoning residence. --------------------------------------------------------------- 15. What are the documents required for H1 stamping? NOTE: The stamping was done in Canada & was a first time stamping. For H1-B stamping, you need to take: - Appointment letter from the U.S. consulate. - Original H1B approval notice (I-797). This includes the little stub at the bottom which says retain for personal records, and the new I-797 Old I-94 - Copy of the H1 petition filed on your behalf (I 129). - Passport size photographs (face against a white background). - US $120 - $45 money order in favour of Canadian Consulate General, & $75 by cash or check - Recent paystubs. - Bachelor's degree & transcripts (originals) - US degree & transcripts (originals) - I-20 - EAD card. - Other supporting documents: = Social Security card = Employment offer letter. = Latest Resume = Tax papers (last two years) = Latest bank statement (l) = Company ID, business cards. On-line resources: Visa Appointment Reservation System http://www.nvars.com/ Canadian Consulate at Los Angeles http://www.cdnconsulat-la.com/ Required Documents list http://www.MultipleEntry.com/requireddoc.htm --------------------------------------------------------------- 16. In employment verificaiton letter, Does my co-worker have to be a US resident? No, that is not necessary. However, your co-worker must clearly mention in the letter the professional relationship he/she had with you & his/her latest contact information. --------------------------------------------------------------- 17. How many such Employment Certification Letters (a.k.a. work experience letters) are required? At least one letter is a must, but generally speaking the more the better. --------------------------------------------------------------- 18. How do I convert my F1 visa to a H1-B visa? What are the documents required to convert my F1 visa to a H1-B visa? If your passport still has F-1 stamped in it and you have H1-B approvals with you, you can either go to Canada or Mexcio or India to get H1-B stamped in your passport. You cannot send it by mail to American Consulate, because you never got your H1-B stamped in your passport. (Sending by mail applies only to people who have h1-B stamped already and have changed companies). On-line resources: Required Documents list http://www.MultipleEntry.com/requireddoc.htm --------------------------------------------------------------- 19. I have just started my Green Card process. What are the steps before I get my Green Card? Employment based green card, is a 4-step process. It's a sequential stepwise process. - Step 1: Labor Certification Application (ETA-750) submission through your employer to DOL (Department of labor). - Step 2: Petition File I-140 Application (I-140) submission to INS, including applications for your family members. - Step 3: Adjustment of Status ( I-485) File I-485 and other supporting documents with INS. - Step 4: Finally Receiving the Green card. Refer to FAQ #6 for how to check the case status. Immigration Specialties - Steps to a Green Card http://www.immspec.com/stepsebgc.htm Note: These numbers are not typical & may vary between a wide ranges. --------------------------------------------------------------- 20. Will my attorney forward the original case receipts and approval notices that he/she has received from INS? The short answer is, it depends. Remember that your permanent residency application is employment-based & hence sponsored by your company. Your attorney is answerable to your company (in our case Your employer Systems). Adjustment of Status is considered a personal petition that has to be done for each employment-based and family-based applicant, although your company's involvement is still more or less needed. Therefore, you don't usually expect to receive original case receipts or approval notices at the AEC and I-140 stages. However, copies can be obtained. At the I-485 stage you have the right to receive every original INS document related to your case. These documents are as follows: - I-485/I-765(EAD)/I-131 Advance Parole (AP) receipts will be sent by INS to your lawyer. - INS will send Advance Parole (AP) documents to you directly. - INS will send EAD card to you directly - INS will send fingerprint notice to you directly. Your attorney will receive either an identical original notice or a copy of the same. - INS will send I-485 approval notice to your lawyer. Your lawyer should forward it to you. - Your lawyer will keep H1-B & I-129 receipts, but the I-797 approval notice has to be given to you since it concerns your personal non-immigrant status. --------------------------------------------------------------- 21. The Receipt date (RD)/Notification Date (ND) on my paper receipt is different from the receipt date I hear from the AVM message, is this normal? Which is the actual RD? Yes, that is quite normal. Always refer to the receipt date on your paper receipt for the official RD/ND. The date on AVM message is the computer data entry date. [END]

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