Question 1:

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

Answer:

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?

Answer:

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?

Answer:

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?

Answer:

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.

Question 1:

The husband has a company. Wife and husband are both U.S. citizens, and they want to get her brother over to the United States on some kind of a work related visa. Assuming the husband’s company is small and the brother is professionally qualified can they get him through the husband’s company.

Answer will depend on qualifications of the brother, and what sort of a company that her spouse has. For example: Is the company large or small? How many employees? How long has the company been in business? What kind of work do they do? Does the company have any branches outside of the U.S.?

Answer:  If the company's business and the brother’s qualifications are both professionally oriented we could seriously think about an H-1 Visa. If there is a branch outside the U.S., then we could get the brother employed outside the U.S. and think about an L-1 Visa in a year. Also under the new laws, as they are being considered, we should be able to have more options than what I have just discussed. So I am right now I am examining the matter only under the current scheme of laws, and H-1 and L-1 are two obvious options. Of course I am assuming that everybody here is an India born citizen of India because if you are citizen of another country you might have other options like E visa, etc. So bearing this in mind, there are some assumptions I am making and I am also clarifying that I am looking at the current schemes of the laws. Future schemes of the laws might be different and might be much more beneficial for us.

Question 2:

What is the chance of an L-1A Visa holder with nine years of experience qualifying for EB1 category. Can I apply for a Green Card for myself in the EB1 category?

There are three kinds of EB-1's. Let’s start with the EB1 category that is the easiest to understand.

1. Outstanding researchers or professors - given the designation of EB-1-2 or EB-1B.

Under EB-1, the second category is outstanding researchers or professors.  Basically we are looking for people who are highly qualified in their own field and there are certain criteria. Look at our website for more information.

http://www.immigration.com/greencard/employment-based-green-cards/emplo…

So one category is for outstanding researchers or professors, for which you need a research or professorial position.

Then there is another category EB-1C or EB-1-3 category for international executives and/or managers. People who are on L-1A can pretty much qualify for EB-1C category. This is another great category.

Then there is the first category, extraordinary ability aliens. This is not for everyone. Here we are looking for sustained national or international recognition.  Somebody who is hailed as a leader in their business For example,  Bill Gates would qualify, but Rajiv S. Khanna would almost certainly not qualify. So we are looking for people who are nationally and internationally recognized.

So the question asked was can I do it on my own out of these three categories. The only one in which you can apply on your own is the first category EB-1A, which is extraordinary ability aliens. You are nationally or internationally recognized, and you have articles written about you and have international awards. Again there is a list of criteria and you have to meet three out of the ten listed criteria or similar. All this information is on our website as well.

http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-…-

In your situation the best option is to apply for EB-1C if you can get your employer to apply for you since you are already on L-1A getting a EBC green card is absolutely perfect choice and you got your Green Card within a year. EB1 is the fastest way of getting our Green Card.

Radio Show, April 25, 2013

http://www.immigration.com/media/april-25-radio-show-mera-sangeet

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.