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Legal Eagle - Conch Republic: A part of the US

Nandini Nair clarifies that Conch Republic is not a real country, but a part of the US

I have obtained a Conch Republic passport and I wish to go there. However, I understand that there is no direct route. I would like to get a transit visa or any other kind of permit which allows me to enter the Conch Republic via the US.

—Rajeshwar Sharma

There is no transit visa through the US to the Conch Republic. The latter is not a real country, it is part of the United States, off the state of Florida. You have to follow the same immigration rules that would apply to anyone trying to come to the US, for example applying for a B1 or B2 visa.

Just few days back I got my Conch Republic passport and I want to go there, only I don’t want to stay in the US. Can I get a US transit visa to enter the Conch Republic? If I can’t, why doesn’t the US government stop Sir Peter Anderson from issuing Conch Republic passports? I had come to know through the Discovery channel that the whole world has Conch passports.

If it is fake then why is the US government doing nothing? I want to live in the Conch Republic. Is there any connecting US flight for travelling to Conch Republic? Please give me full information.

—Saurav Shukla

You cannot get a transit visa through the US to the Conch Republic. I can’t comment why the US government is not getting involved in the passport issue, probably because what they are doing is not illegal. Maybe, it is not considered a major concern because Conch Republic is not giving the full details of entering its territory to those who buy the passport.

I am in the US on a B1 visa. I have found a job here and the employer is ready to sponsor me. The company is however new, and has just started operations.

I would like to know whether there would be any problem if a new company sponsors me, or is there any other way I can get an H1-B visa.

—Rohit Katiyal

I must point out that it is difficult though not impossible to get an H1-B through a new company. The problem is that the immigration services have to be convinced that this new business has enough financial strength to support an H1-B applicant, thus you need to make sure that sufficient financial documents are in place to prove this to them.

I have a query regarding the I-94 card. I am currently in the US. I got my business visa from India, which is valid till December 24, 2003. My I-94 is however valid till January 9, 2004. My question is—which expiry date should I follow (December 24 or January 9)?

—Robert Collins

Your I-94 card date is the date that you should follow that tells you how long you can stay in the US.

I am holding a valid H1-B visa, which will expire by the end of November 2003. I have never travelled to the US. What is the procedure to renew the H1-B visa? Do I need to apply as a new candidate?

— R J Sreenath

As the expiry date of your H1-B is November 30, 2003, it is no longer valid. You cannot renew it since renewal is only for people who are in the US on valid H1-B status. If a company wants to sponsor you, they will have to file a fresh petition for you.

Can a B1/B2 visa be converted into an H1-B while someone is in the US? If yes, how do we go about it and if no, what is the alternative? My company had applied for my H1-B after 45 days of entry into the US. I have read in some of your articles that it is better to apply after 60 days. Will there by any problem?

—Smita Tonkk

Yes a B1/B2 can be converted to an H1-B, but it should be filed after 60 days of entry into the US. The reason is that if it is filed earlier, the immigration service believes that you had a dual intent of entering the US and find a job, which violates the B1/B2 visa. This would mean that you were not coming into the US for legitimate B1/B2 activities but was using that just to enter the US and look for a job. The longer period you wait for filing your H1-B application after your entry into the US, the easier the immigration service will be on the application. Most attorneys would say that 60 days is the safe waiting time to file an application. Therefore since the application was filed 45 days after entry, there is a chance for denial. They could approve the application but deny the change of status and tell you to go back to your home country, get a visa and then re-enter to be in valid H1-B status.

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