Radio Show, 2013 June 6

Substantial transcription for video

Question 1:

How can I file for an H-1B petition if I have left less than six months before my passport expires?


I am assuming they are India born. That should not be problem. You can still apply for H-1B if the passport has less than six months left. But as a practical matter, passport renewals are very quick in the U.S. So, I am not sure where the problem is. When you send it to the Indian Consulate, it is my understanding that it is not more than a week toten day process. In Washington D.C. I have not checked for a while, but it used to be like a 24 hour process. I am not sure what the problem is here. You could apply even without renewing, but it is best to just renew the passport.


Question 2:

I am currently on H-1 B Visa. Is there a way I can change the visa to F-2 without going back to India? My fiancée is here on F-1 Visa that is valid up to Sep. 20, 2014?


They can convert or change status within the United States if they have never been out of status. So, once they get married they can apply for an F-2 within the United States.

Question 3:

After getting married to a Green Card holder and applying for a spouse visa, is it possible to apply for an H-1 Visa?


H-1s are not in any way hindered by an existing Green Card application. So, if you have a Green Card application that would not in any way impede or create problems with your H-1 application. Therefore, if you do apply for a Green Card it does not in any way stop you from applying for an H-1 after the Green Card application is filed.  

Question 4:

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


The quickest way to find out is if your employer’s fee checks have been cashed. If the receipt is getting delayed just have your employer follow through and see if the fee receipt has been cashed. In that case it is almost sure that you are made a part of the line.

Immigration Law

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