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Subject: Re: Important questions Posted on: Tue, 21 Sep 2004 18:52:07 +0000 (UTC)


"Free Girl" wrote in message
news:3a30546d.0409190557.7ba077ea@posting.google.com...

> I am a Physical therapist and currently working on optional pratical
> training card which is part of the student visa. I have recently
> obtained the H-1b approval but have following questions for future
> strategies.
>
> 1. Can the H-1b visa be stamped from Canada rather than india.

There is a possibility, but there is no guarantee. If your application is
refused in Canada, you must be prepared to go to your home country without
re-entering the U.S., and apply there.

> 2. Can I do jobs at more than one place on the current Optional
> Practical Training card or do I need to be H-1b sponsored from other
> employer as well.

If the H-1B petition included a request for a change of status, any
additional employer must obtain its own approved H-1B petition for you. If
no change of status was granted, then you still hold F-1 OPT status, and you
can work for any employer you like in your field, until you actually obtain
H-1B status.

You can't hold or get the benefit of two statuses at the same time.

It's likely you obtained a change of status, and you now hold H-1B status.
If there is a supplementary I-94 at the bottom of your H-1B approval notice,
then you know for sure. It's best to check with your attorney.

> 3. How long will it take to get green card if I apply now.

Maybe one and a half to three years. It depends on several factors.
Physical therapists have a special exemption from labor certification,
called Schedule A, Group I. Ask a good immigration attorney to get a more
accurate estimate.

> 4. Can I go out of the US if I apply for green card and having H-1b

It depends on exactly what is going on, but generally, for most of the
period of time, yes.

> 5. Will my wife also get EAD if we apply for the green card

If you choose a certain strategy (filing concurrent I-140/I-485), then yes,
your wife can get an EAD within about 3 months.

> We have also applied for canadian immigration so,
>
> 6. What is the min. duration to stay in canada to retain immigration
> status.

That's a question for another forum.

> 7. If I immigrate to canada and come back to US, will I still be
> retaining the immigration status.

It's hard to tell exactly what you have in mind, but generally you will not
be able to maintain permanent resident status in both countries. You will
have to choose.



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