Green card for some one who was out of status on H1-B?

H

hennasgator

Registered Users (C)
I am sure atleast some of you have been through this situation - being out of status temporarily while holding an H1-B visa. My situation is a bit extreme, I was out of status for almost a year. Here is my story:

Entered US aug 1998 on F-1 for an MS degree
Didnt graduate but joined a company with OPT
Received first H1-B on feb 2002
Laid off in march 2002
Officially joined another company in february 2003

My H1-B transfer was approved after RFEs but I am in chennai to get a stamping of the same. Trying to get back to US itself is a big issue for me. What I am wondering is, if I do get back what are the chances of me getting a green card? My company has been totally supportive so far and it has good presence in the US. I mean a good track record as far as I know. Can somebody provide answers for my dilemma?

Thanks in advance.
-henna's gator.
 
That is possible. On the other hand, if it was a permanent layoff, then continuing the green card process may show bad faith on the part.
 
Please let us know about:

1. Which company is filing for your GC - first or second one?
2. What were RFEs on?
3. Seems you were out of status for almost 11 months. Is INS aware about it?
 
Something screwy. I dont think my previous two replies made through.

TAMIL_GC, I had thanked you for the quick reply.

Jharkhandi, to answer your questions:

1. Its the company I am curently with that is willing to apply for GC.
2. RFE was for recent pay stubs only. INS sent us a letter that said they couldnt approve an in-country transfer of H1 and that I had to go to my home consulate.
3. Yes. You almost sounded like an INS agent there :)

Thanks.
-henna's gator.
 
If you can get your visa stamped(high chances of problems - post in Chennai thread) and enter USA without facing a bar(low chances) you should have no problems in LC and 140 stage. 485 - you may face interview(very likely), but normally people get it cleared.

Now do not come on H1 and start going to school - very important.

Fees for predicting future: Do not call me INS agent.

INS means Insane, Nalayak and Stupid.
 
Jharkhandi:

Sounds like I am already through the tough part (almost). I did manage to get a stamping in chennai, but was sent back from the POE. Thats an entirely different story. God Willing, I should be back in US soon after getting another stamping.

My case is pretty strong. Studied in a top tier university in the US. Came close to graduating but didnt. Currently being paid pretty well for about 10 months. Earned $70,000 in my first year our of college in a small town in florida! That was enough to convince visa officers, but not the airheads at the POE.

This time I am hoping I have better luck. Thanks for replying.
 
Re: H1B Amnesty

Not sure what you mean there? If you mean I should get amnesty, please read my above post!!

Originally posted by assur
Someone talking about mercey will be awarded to H1Bs, is this correct?
Click to expand...
 
Sorry to hear that you were returned back from the POE - what was the reason given? Usually POE is a breeze when you have vaild visa (that too one which you recently got), so I would a bit concerned about the reasons for denial of entry.

001
Originally posted by hennasgator
Jharkhandi:

Sounds like I am already through the tough part (almost). I did manage to get a stamping in chennai, but was sent back from the POE. Thats an entirely different story. God Willing, I should be back in US soon after getting another stamping.

My case is pretty strong. Studied in a top tier university in the US. Came close to graduating but didnt. Currently being paid pretty well for about 10 months. Earned $70,000 in my first year our of college in a small town in florida! That was enough to convince visa officers, but not the airheads at the POE.

This time I am hoping I have better luck. Thanks for replying.
Click to expand...
 
hennasgator,

Could you post what happened on POE? Did they give you in writing why they cannot allow you to enter? Where did it happen? Please post details if it is not inconvinient for you.
 
You are partly right. POE used to be (not is, I beg to differ) a breeze. I realize my situation was a bit hanky panky as well, but still would have gone through considering my stamping was just two days old.
The reason I was denied entry?
1. I practise THE religion which is under their radar.
2. I am tall, dark and handsome and the officer was short and looked very jealous :) True.
3. He and others at chicago POE hate foreigners taking up "their" jobs.
The actual reason I was given?
I was told that I didnt inform the visa officer that I was out of status for so many months although I did. They asked me to go back and get proof.

Originally posted by lca_001
Sorry to hear that you were returned back from the POE - what was the reason given? Usually POE is a breeze when you have vaild visa (that too one which you recently got), so I would a bit concerned about the reasons for denial of entry.

001
Click to expand...
 
Originally posted by hennasgator
You are partly right. POE used to be (not is, I beg to differ) a breeze. I realize my situation was a bit hanky panky as well, but still would have gone through considering my stamping was just two days old.
The reason I was denied entry?
1. I practise THE religion which is under their radar.
2. I am tall, dark and handsome and the officer was short and looked very jealous :) True.
3. He and others at chicago POE hate foreigners taking up "their" jobs.
The actual reason I was given?
I was told that I didnt inform the visa officer that I was out of status for so many months although I did. They asked me to go back and get proof.
Click to expand...

hennasgator,

Won't like to get in loop, but for something which is true and correct - they did not allow you to enter - right? Why bring in religion and discrimination unnessecary?

And belv me you are lucky - they could have rightly barred you from entry - you did not get that treatment. Stop this kind of misleading posts - you got a very mild treatment.

Due to people of your kind, others suffer, cause you affect mindset and create biases. It is indeed a shame.
 
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Right and wrong!
My situation was not 100% ok I agree with you there. So, they used their powers to the maximum extent.
If I tell you the details of what exactly happened at the POE, you wont blame me for bringing the religion issue. Its a really long story and I intend to publish it with some newspapers there. For now, it is copyrighted and confidential :)
Basically, my experience ranged from being thrown verbal insults based on religion to being given a "special drink" to being treated like an international fugitive at the POE. Ever read about the teenage afghanistan boys who were arrested and they didnt even know what the hell was happening to them?
If stuff like this happens to ownself, it is easier to understand I tell you.

-henna's gator.

Originally posted by Jharkhandi
hennasgator,

Won't like to get in loop, but for something which is true and correct - they did not allow you to enter - right? Why bring in religion and discrimination unnessecary?
Click to expand...
 
Didnt see your addition there. You have mistaken me. I love america and would always continue to love it for its freedom. It is only some airheads with too much power in their hands that make it look bad.

Again, when stuff like this happens to ownself, it is a lot easier to understand.

-henna's gator.
Originally posted by Jharkhandi
hennasgator,

Won't like to get in loop, but for something which is true and correct - they did not allow you to enter - right? Why bring in religion and discrimination unnessecary?

And belv me you are lucky - they could have rightly barred you from entry - you did not get that treatment. Stop this kind of misleading posts - you got a very mild treatment.

Due to people of your kind, others suffer, cause you affect mindset and create biases. It is indeed a shame.
Click to expand...
 
Originally posted by hennasgator
Right and wrong!
My situation was not 100% ok I agree with you there. So, they used their powers to the maximum extent.
If I tell you the details of what exactly happened at the POE, you wont blame me for bringing the religion issue. Its a really long story and I intend to publish it with some newspapers there. For now, it is copyrighted and confidential :)
Basically, my experience ranged from being thrown verbal insults based on religion to being given a "special drink" to being treated like an international fugitive at the POE. Ever read about the teenage afghanistan boys who were arrested and they didnt even know what the hell was happening to them?
If stuff like this happens to ownself, it is easier to understand I tell you.

-henna's gator.
Click to expand...

I will wait for your post on issue or link. I hope you will post one. And what verbal insult was hurled at you, what special drink did you get? If you would have got it - you would have a better taste in your mouth rather then writing:

If stuff like this happens to ownself, it is easier to understand I tell you.

I will tell you something - if you are out of status for 1 year in USA, you are barred from entering USA for couple of years - no more visa on your passport. And I think they were pretty linient to give you visa stamp.

Don't try to fool people, whoever goes thru the thread will understand what is right and what is not. Accept the fact that you were on wrong footing (1% or 100% is your scale - wrong is wrong for others.) and that you got a real mild treatment.
 
We are sitting in america with a greencard, arent we? You went from being really nice and helpful by answering my questions to, well I'll let you fill in here.

I am as opposed to the events like sept 11 as any other american. Had to clarify that as I always do. Its better to clarify which team I am on, you know?

Anyway thanks. I'll stop answering your post in this thread.

-henna's gator.

Originally posted by Jharkhandi
I will wait for your post on issue or link. I hope you will post one. And what verbal insult was hurled at you, what special drink did you get? If you would have got it - you would have a better taste in your mouth rather then writing:

If stuff like this happens to ownself, it is easier to understand I tell you.

I will tell you something - if you are out of status for 1 year in USA, you are barred from entering USA for couple of years - no more visa on your passport. And I think they were pretty linient to give you visa stamp.

Don't try to fool people, whoever goes thru the thread will understand what is right and what is not. Accept the fact that you were on wrong footing (1% or 100% is your scale - wrong is wrong for others.) and that you got a real mild treatment.
Click to expand...
 
Originally posted by hennasgator
We are sitting in america with a greencard, arent we? You went from being really nice and helpful by answering my questions to, well I'll let you fill in here.

I am as opposed to the events like sept 11 as any other american. Had to clarify that as I always do. Its better to clarify which team I am on, you know?

Anyway thanks. I'll stop answering your post in this thread.

-henna's gator.
Click to expand...

You are a shameless, indecent and a very impolite person. And what will you do to me, if I had not been nice to you? What did you do to assur? Stop attacking on personal front and dragging issues.

As for the team - you have to decide. As far as I am concerned - I would not like to be associated with such a person who throws religion as pretext for anything and everything. And let me tell you - I have faced 9/11 in NJ and was in NC immediately after that.

Thanks for you last message and wisely said - feel free to ignore me - I am not political leader.

Also thanks for calling me nice - I am nice only till you are nice.
 
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Re: Re: H1B Amnesty

Originally posted by hennasgator
Not sure what you mean there? If you mean I should get amnesty, please read my above post!!
Click to expand...
We need mercy because of Hell 1B-Class, totally dependent on employers, I think you got it.
BTW we all here to share NOT to shear. Enjoy all.
 
Violating the law and being out of status for one full year, and still accusing the POE officers of discrimination based on religion and "Personality" !!!!

You love this country and expect its officers to let in someone who breaks the laws!!!!

Wow!!!
 
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