Community Conference Call 2013, April 25

Substantial transcription for video

Radio Show, April 25, 2013

Question 1:

I am a US citizen and my mother who is in India has a ten year visitor visa that is expiring in April of next year.  I would like to apply for a green card for her. What is the best way? Also she has PR Canada stamp on her passport that has expired. Will this be an issue? Can she travel?

Canadian immigration should not be an issue whether it is expired or current. Traveling within six months of the expiration of the tourist visa is no problem. A visa is merely the permission to show up at the airport. So even if you show up at the airport a day before the visa is expiring it is ok. At the airport the Customs and Border Protection (CBP) officers decide how long you can stay which is typically six months. So even if the visa expires the stay 1-94 should not expire. That is the important part. Entering is no problem. So first issue Canadian immigration is not an issue, visa expiring is also not an issue.

But the third point which is applying for green card is tricky. If somebody uses tourist visa to enter USA with the preconceived  intention that I am going to convert to green card that can be considered  to be fraud by the government. However if you enter USA and a few months later  your intention changes and you want to apply for a green card that’s ok. There is a difference between preconceived intention and an intention that is formed after you enter USA. 

In case if she decides to renew the visitor visa the same procedure is applied like the first time although there might be some relaxation in interview requirements. Best thing to do is to check on their website. 

Question 2: 

How will I know if my H-1B petition has been accepted in the quota?

You will get a receipt.

 Question 3:

 As my husbands H-1 expires we are moving back to India around August/September. I am exploring options to quit my job and I am also on H-1. I am looking for a smooth economical transition. I also have a tourist that is valid and can I take advantage of this.  

Tourist visa will probably not help you. You have to step outside USA and get back in and it is entirely possible that CBP may not let you back in a tourist visa when you have been here so long on a H-1. As far as the economics are concerned you have to check what the Form I-539.

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