I am a Canadian citizen working as a university professor in the U.S. on an H-1B. I have been asked to perform consulting services by a private company. Can I do this on my current H-1B or do I need to apply for an additional (and concurrent) H-1B specific for this company?

Your H-1B only permits you to work on behalf of the employer who initially petitioned you. If you wish to perform consulting services, the second employer must submit a concurrent petition for an additional H-1B. As you are a Canadian citizen employed as a university professor,

I am curious as to why you chose the H-1B over a TN. You probably would have qualified for the TN as well. If you were in TN status, the second TN could have been obtained quickly.

You cannot hold more than one category at a time. You could have two TN's or two H-1's, but not one of each. Therefore, you will have to obtain a second H-1B or change your existing status to TN. However, I would consider the dual intent implications of changing from H-1 to TN, especially if you have a petition for permanent residence pending.

In 1964 at age 16, I was put on probation for auto theft, then (admittedly) stupidly, repeated the offence and was sent to the (then) Ontario Reformatory for 10 months, being released in June 1965. Some years later, I applied for, and received a Pardon, of which I have the document. I have had no further trouble of any kind, and have been self employed for over 20 years, in various business'. My question is: will these past problems prohibit me from obtaining a Visa, if that legislation goes through, or will I have a chance of getting a 'waiver' in regard to this? Also, I was told by the R.C.M.P. that if a pardon is granted, any information in relation to criminal charges is 'sealed', and can not be obtained by anyone, pesumably that includes U.S. immigration authorities (according to the person I spoke with). Is this true?

Even if the auto-theft offense was a summary conviction offense and you were sentenced to less than six months of incarceration (which is not the case here), you are still excludable for these offenses. Theft is a crime of moral turpitude under INA §212(a)(2)(A)(i)(I). While a petty offense exception and a juvenile exception exist [see INA 212(a)(2)(A)(ii)], both require you to have committed only one crime of moral turpitude. You have committed two such offenses.

A Canadian pardon does not eliminate your excludability. The fact that the INS may not have access to your sealed record does not mean that you are excludable. If you are asked about criminal offenses and you tell the INS that you have not committed any criminal offenses, this will be a material misrepresentation. Material misrepresentation is a permanent ground of exclusion under INA §212(a)(6)(C)(i) and will not make you a popular person.

The good news is that these were not terribly heinous crimes and they occurred more than 10 years ago. You are self-employed and have been for over 20 years. Based on this information, you would be a very good candidate for a nonimmigrant waiver under INA §212(d)(3). You can read about such waivers here.

If individual A works for X company in F-1 status (Optional Practical Training), and X company is in the process of filing for an H1-B on his behalf, then what does individual A have to do if he decides to work for Y company and not X? Can the H1-B application be transfered to another company? Does the individual have to physically leave the U.S. and come back to get another H1-B visa from another company? How long is the change of process? Can he go in and out of the country freely while in the process of applying for a new H1-B visa and for a second H1-B visa?

The H-1B cannot be "transferred" to another company, but there is nothing wrong with having the second employer file a new petition for H-1B status on your behalf. You can legally hold more than one H-1B at a time.

If you expect the Optional Practical Training to run out before you get your first H-1B, work for the first company and then quit once the H-1B for the second job has been approved. However, if the Optional Practical Training will continue long enough to get the second H-1B, there is no need to continue processing the first one. Just be careful not to fall out of status and do not work for the second company until you have an approved H-1B for that employer. All of this can be done without leaving the United States.

Technically, you should not leave the United States while a change of status is pending. There are some who would say that by leaving you will have abandoned your change of status application in the same manner as an adjustment of status application. However, as a practical matter they probably will not find out. Nevertheless, you probably should not do it unless you have no choice, especially in light of new uncertainties relating to the recently enacted Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRAIRA").

I am an Indian citizen and a landed immigrant in Canada. My wife and daughter also have the same status. I have an H-1B permit. How do my family get H4? If I want to travel from the U.S. to India or any other place for a short time, do I need to enter U.S. through Canada? If I lose my landed immigrant status, what is the best way to continue my stay in the U.S.? How do we get multiple entry visas to enter and exit U.S.?

Assuming that your dependents are in Canada, they can be admitted to the U.S. in H-4 status at the port of entry by showing proof of British Commonwealth citizenship (Indian passports), their Record of Landing, proof of your status (your Form I-94) and proof of their relationship to you. The spouse needs to show the marriage certificate showing that she is your wife and the child needs a birth certificate which shows both parents names.

If you travel to India from the United States, you are not required to enter through Canada to claim the visa exemption. However, if you ever lose you landed immigrant status in Canada, you also lose your visa exemption.

If you lose your visa exemption, you will need to obtain an H-1B visa from a consulate abroad. Further, as you will not longer be a landed immigrant, you will be treated as a third country national if you apply for an H-1B visa at a U.S. consulate in Canada.