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.
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.