Q & A May 4, 2003
Q & A 1 2
Dear Mr. Lee:
I got MBA from Western Michigan University. My OPT expired
recently. According to law, I need to go back to my home country
within 60 days. There is a company interested in hiring me.
Questions:
- Do I need to go back to Taiwan first?
- What documentation should I ask for from
that company to apply working visa from AIT (American Institute
in Taiwan)? How long does it take?
Hung
Dear reader:
- If another non immigrant status is available
to you within the grace period of 60 days and an application
or petition is submitted to the BCIS within such time period,
you can remain in the United States for the adjudication.
The grace period is considered part of legal non-immigrant
stay as it is attendant to F-1 student status.
- In the event that you are not able to submit
a nonimmigrant petition or application with the BCIS within
the grace period, you would most likely have to interview
overseas for another visa in order to return to the U.S..
If a company wishes to sponsor you for an H-1B visa in order
that you can work in a specialized position using your MBA
skills, it would submit the petition directly to the BCIS
which upon approval would forward such to the American Institute
in Taiwan. Materials that the company would have to submit
to the BCIS would be Forms I-129 and I-129 H., a letter
explaining the company's business, its need for you, and
how you qualify for the position, and evidence of your qualifications
for the offered position. When you are interviewed for an
H-1B visa in Taiwan, you should have originals of your educational
materials, evidence of the viability of the company such
as company brochures or annual reports, etc., and an explanation
as to any lapses of status that you may have had in the
United States during previous stays.
Dear Mr. Lee:
I will take my vow and become a U.S. citizen soon. I need
to travel to China immediately afterwards to handle some urgent
business.
Questions:
- Can I use the certificate of naturalization
to travel to China because my Green Card will be taken away?
- If not, is there a faster way to get my
U.S. passport?
Xu
New Jersey
Dear reader:
- You should travel to China with a U.S. passport.
A citizenship certificate is not a travel document.
- Our understanding is that you can expedite
the passport procedure by paying an additional amount to
the Department of State. From our best information, expedited
processing is available for individuals who are leaving
in less than 14 days or are leaving in two to three weeks
and require foreign visas. You can apply at the Passport
Agency (appointment usually required and mandatory in New
York) and show proof of your upcoming departure to the passport
acceptance facility by presenting plane tickets, itinerary,
confirmed reservations, or a letter from your place of business
on company letterhead stating your urgent need to travel.
The current fees for passport application and expedite are
$85 for passports for individuals 16 and over and $60 per
expedite application plus overnight delivery costs (if sent
through the mail). The Passport Agency estimates that an
individual would ordinarily receive a passport within two
weeks using expedited service. If a faster expedite is required,
you may consider using a private expediting service that
specializes in obtaining passports at the passport agency.
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