Legal Question in Immigration Law in India

Immigration Query - Please help

Dear Sir/ Madam

Actually, I'm speaking on behalf of my brother here in India. Hope your kind selves will clear all the queries he has in his mind.

My Brother holds a valid H-4 visa. My sister-in-law ( my brother's wife) currently resides in Oklahama, USA. He works here in Hyderabad, India as a Sales manager for a chain of Jewellry stores. The management of the jewellry store plans to open an office in the USA with the key operations there to be handled by my brother. Now, my brother wants to know,

a) whether he can travel to USA on a H-4 visa and after going there can he switch visas?

If yes, what all legal formalities he has to fulfill there?

If no, what category of visa he fits in to establish an office there in the USA?

b) Can u please inform me how can he set up an office in USA staying right here in India and later travel to that country.

I'd very greatful to you if you can answer to my questions and help my brother achieve his goals.

I Hope to receive a positive response from you at the earliest.


Asked on 8/11/02, 7:44 am

2 Answers from Attorneys
Prabhat Shroff Shroff & Company

Re: Immigration Query - Please help

The replies to your queries are -

1. Yes, he can travel to USA on H-4 visa. However, to switch over will ve a cumbersome and time consuming procedure.

2. In order to establish an office in USA, as a branch of the Indian operations, he will need L-1 visa, which can be granted by the American Consulate in India.

3. He can not set up an office in USA from India. For this he has to be in USA, form a corporation (where he will need another person having a social security number etc.).

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Answered on 8/12/02, 3:52 am
Satish Maheshwari Vakilbabu

Re: Immigration Query - Please help

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards

Satish Maheshwari.

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Answered on 8/11/02, 2:41 pm


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