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 Complicated Status Question
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fantusemail@yahoo.co
Posted on 02-18-07 11:45 AM     Reply [Subscribe]
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Hi guys,
I filed an asylm which still isn't proved.I got the intent to deny letter and replied but haven't heard from them.I am in F-1 status now.I am graduating this sem and applying for H-1b.So I am wondering will there be any complications while processing.While filling tax return forms I mention that i have taken affermative actions towards PR will it affect my return?
I have to apply for the work permit fot the OPT shall I wait the result or apply?
Its getting complicated than expected so any of lawyer pundits that can help me?
Regards,
R.
 
Posted on 02-18-07 12:46 PM     Reply [Subscribe]
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Teti janne bhaye ta wakil ko bau hunthe, tero kaka ko matra ho ra. ha ha
 
sYaKuuRiolAKU_nchImb
Posted on 02-18-07 1:02 PM     Reply [Subscribe]
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namai ta fantuse
 
fantusemail@yahoo.co
Posted on 02-18-07 3:38 PM     Reply [Subscribe]
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comeon guys i just wanted the opinion from the one who knows
i dun't want shit comments who doesn't know
 
Posted on 02-18-07 4:51 PM     Reply [Subscribe]
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Why in the world are you asking for opinion?
To feel better?
To make yourself feel better it's better to see a psychiatrist.
But if you want to know the facts rather than hear what you want to hear, then see a lawyer, get advice and act accordingly.

Are you even aware of how critical of thing you are dealing with there?
 
Posted on 02-18-07 7:40 PM     Reply [Subscribe]
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- funtus ji,

In what ground or basis did you apply asylm? Are you in wanted list by any non-democratic or dictator government in Nepal?
 
Posted on 02-18-07 8:05 PM     Reply [Subscribe]
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Fantus dude,
You are really in a complicating situation. I don't think you will get any better solution from here. Better, consult with a good Immigration lawyer. You need to deal with real law man, its going beyond general knowledge.

Wish you good luck and if you you find better solution please share with us among Sajhatis

YoNepali
 
fantusemail@yahoo.co
Posted on 02-18-07 9:40 PM     Reply [Subscribe]
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Thanks guys I appreciate your support i think i need to hire one lawyer for sure
but i was just wondering if any fellows have gone through the same situation so that i will at least get some idea how should i proceed since i have to select the timings to do everything
i am in the verge of having two status now so it's confusing.
Regards,
R
 
Posted on 02-18-07 10:03 PM     Reply [Subscribe]
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Jasto naam, ustai kaam!
 
Posted on 02-18-07 10:23 PM     Reply [Subscribe]
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Yes your situation is getting really complicated. I am wondering why you applied for asylm while you are so qualified. I belive you know the consequences of denial of asylm. visit uscis.gov lots of information are there regarding u r case also u r best bet would be to hire good lawer and act asap.
 
Posted on 02-18-07 11:08 PM     Reply [Subscribe]
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You wont get H1. Keep on repetitioning it every time it gets rejected. They wont deport you till you do the petitioning. You have work permit? you can file for one and start working after you graduate. There wont be problem for you getting a job if you are qualified.
I would rather suggest you transfer your case to houston or atlanta, immigration judges there are more sympathetic to nepalese than anywhere in the country. I know a guy whose petition was rejected 7 times in virginia and chicago, but got accepted in atlanta, and one moved from colorado to houston, it was approved in 6 months.
Dont overstress yourself with denial or approval scenario, keep on your studies, once they know you have graduated from usa they will give an extra consideration to your case.
Good luck
 
Posted on 02-18-07 11:35 PM     Reply [Subscribe]
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by the way why did you apply for asylum? who are you??? and the main thing is how in the hell you came to usa??? u have changed ur status so much.. so many times?? what are you hiding.. maybe it's time immigration sent u back to nepal.. ..... FANTUS..
noone has gone through your situation .,,. u are a pile of lie... u think US government will let u stay here once they catch up with your tricks... get that degree and move out.... u r out of luck.. lawyers will only take your money... dude rednecks hate people like so don't go to atlanta or texas.. hahahahaha you are out of luck
 
fantusemail@yahoo.co
Posted on 02-19-07 2:25 AM     Reply [Subscribe]
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Thanks guys for your comment again
I am not in that dreadful condition as you think too
I am in valid F-1 status and working as research assistant
I already got job contract too and they are paying well
I am doing my master's in computer science and graduating this semester
The immigration judge who took my interview alredy told me that my F-1 status will remain as it is even though i am rejected
I am not that helpless also as most of you guys think
I was in that condition that time so I filed it and have sufficient reason for it
But I still didn't got the answer for answer of denial so that I just want to know should I wait for the answer or file my OPT form I just want this simple answer and you guys are making me scared if i have done some crime
So if you guys have such experiences or citied for some frinds then i want your experiances
i know what i am capable of and the way out of it too
i can go back nepal and survice there too and i am not that america craze too but i just want to stay and work some years thats why i just want to maintain the status
I still hope some practical answers
Regards,
R
 
Posted on 02-19-07 3:35 AM     Reply [Subscribe]
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Here is my comments :-

I don’t understand your real issue here. Your immigration petition is pending (whether GC based on asylum or employment or family or whatever). You are still in F1. You can apply for OPT, CPT or anything you like that are allowed by F1. Once your second petition is approved, you’re good. If not, consult a lawyer but I don’t think you will be out of current immigration status since you didn’t take any advantage or your second immigration petition.

No one needs to be panic here. If nothing else, Nepal is there for you or us. Look at the people out there who are dying every day of hunger, who are struggling to be alive each and every moment of there life. They dont know when there will be next "big bang" next door. Bottom line, happiness is what you define.

(I am not an immigration layer and don’t take my advice for your any of your action)
 
fantusemail@yahoo.co
Posted on 02-19-07 4:09 AM     Reply [Subscribe]
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hi offline,
you are right in fact its not that complicated as it seems
but just i wanted to know the people who have gone through the conditions to forecast my conditions possibilities
my only question is will it hamper in getting my H1b anyway or not?
will i have to file h1 if i get GC or not?
 
Posted on 02-19-07 7:19 AM     Reply [Subscribe]
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in my knowledge:
1. "will it hamper in getting my H1b anyway or not?"
ans: it will not hamper any of your f1 to h1 to gc if your case is pending.
case1: you r graduating in May. apply for premium. you will be in f1 to h1.
case2: if you apply next year, you will get decision of your asylm by that time, don't worry.
2. "will i have to file h1 if i get GC or not?"
ans: if your gc is approved, no need to apply for h1 if not (i) apply for petition (ii) apply for h1 next year
( i haven't gone through this situation so plz take this as a info sharing.)
 
Posted on 02-20-07 9:54 PM     Reply [Subscribe]
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QUestion: "will it hamper in getting my H1b anyway or not?"
My answer: It might! H1 is a non-immigrant visa. First thing USCIS or Consular looks for any non-immigrant visa is your intention for immigration. If you have any intention of immigration, that triggers automatic denial of non-immigrant visa (H1B or F1). You already showed your immigration intention by applying fro GC. Therfore, you are automatically DISQUALIFIED for a nonimmigrant visa but will you get H1 visa or not is sometimes matter of luck.
My advice, don't mention in your application that you had applied for GC.

Good luck

Helpful links:
www.uscis.gov (find laws and regs)
www.immigrationportal.com (read the threads)
 
Posted on 02-21-07 12:53 AM     Reply [Subscribe]
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It seems funtusji got enough information.
This is what sajha is for sharing information.
People feel condfidence by sharing the similar cases.
I hope more people will share their feeling.
 
Posted on 02-21-07 1:37 AM     Reply [Subscribe]
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U-day h1 is a dual intent visa. It is okay for H1bs to have intentions to immigrate. That is why it paves path towards green card. However, you're right about F1 . F1s are non-immigrant visas; can't have intention to immigrate, until you become H1( but shhhhh don' tell anyone you want to have H1 when you're on f1, anyone finds US immigration funny??)

Fantus dai, is it really true that an F1 can file for asylum and if gets rejected they can keep their F1 status if they maintain the status while going through the asylum process?? please enlighten...
 
Posted on 02-21-07 3:28 AM     Reply [Subscribe]
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aba okil ko sallah linu ni better, timlai opinion ta hami dina sakchau tara hami 10 jana ko 10 ota diff. opinion huncha.....so better hurry up or u'll end up in nepal soon...

best of luck ...
 


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