what benifit a son can get from his parents who got PR through EAD

[prakash_534]

prakash, H-1B sounds like a good way to go in your case. What degree do you have? My understanding (although I haven't kept up with the rules) is that there is a better chance with a graduate degree to fall within the H-1B cap than with a bachelor's degree.

If the OP were interested in graduate education in the US, would an F-1 be possible although an immigrant petition has been filed for him and his parents are LPRs? I would think not.

I have Bachelor of Engineering degree in computer science and currently working as a software professsional from last 2 year..DO u do any H1B consulting??
n yeah i have some more doubt ..like previously i had applied for F1 visa and got rejection and that time i have mentiond wrong in application form that "1-Do u have any relative in USA , 2-Has anyone petitioned file for me" I have answered both NO. what impact this wrong information may have on my case????how long an embessy keep data for F1 application?? what are the legal ways to come out??

what is the meaning of OP and CR?? and what is this conversation

F-1 >> H-1B >> married my lovely US citizen wife in Dec 2006
DO: San Antonio, TX
5/14/07: I-130/I-485/I-765 filed (USPS)
5/16: RD all

Thnks a lot

 

[austriacus]

prakash, I'm not sure what you mean by H-1B consulting, but I've been in H-1B status for more than 5 years so I'm quite familiar with it. I'm a little less familiar with the strategies that are necessary to get in under the H-1B cap because when I get my H-1B the cap wasn't an issue. But now, if you have a bachelor's degree, my understanding is essentially all H-1B numbers are gone the first day of the year that the cap is renewed and there's a lottery system as boatbod mentioned. I think for advanced degrees there's a special cap that hasn't filled quite as fast this year (several days compared to one day), but there's no guarantee for that either unfortunately.

OP = original poster, that' s you in this thread.
CP = consular processing

The "conversation" is my signature, my timeline, don't worry about it, it's got nothing to do with you, only me (you're welcome to read it though).

About your mistake on the visa form, was it an honest mistake? Would you be able to explain why the mistake happened? (About not knowing if a petition was filed, I could understand that, but not knowing your parents are in the US, that would be tougher to explain?) Why was your F-1 rejected?

 

[prakash_534]

prakash, I'm not sure what you mean by H-1B consulting, but I've been in H-1B status for more than 5 years so I'm quite familiar with it. I'm a little less familiar with the strategies that are necessary to get in under the H-1B cap because when I get my H-1B the cap wasn't an issue. But now, if you have a bachelor's degree, my understanding is essentially all H-1B numbers are gone the first day of the year that the cap is renewed and there's a lottery system as boatbod mentioned. I think for advanced degrees there's a special cap that hasn't filled quite as fast this year (several days compared to one day), but there's no guarantee for that either unfortunately.

OP = original poster, that' s you in this thread.
CP = consular processing

The "conversation" is my signature, my timeline, don't worry about it, it's got nothing to do with you, only me (you're welcome to read it though).

About your mistake on the visa form, was it an honest mistake? Would you be able to explain why the mistake happened? (About not knowing if a petition was filed, I could understand that, but not knowing your parents are in the US, that would be tougher to explain?) Why was your F-1 rejected?

Thank you very much..
When i had applied for F1 my agent(Representive) told me that do not show any of ur relative abroad otherwise they wont issue non immigrant visa thats y i entered wrong information..
do u know how long an embessy will keep F1 applications data??
are there any legel ways to come out from this ??
what should i do wen applying next time for student or H1B or immigrant application..

 

[Al Southner]

Thank you very much..
When i had applied for F1 my agent(Representive) told me that do not show any of ur relative abroad otherwise they wont issue non immigrant visa thats y i entered wrong information..
do u know how long an embessy will keep F1 applications data??
are there any legel ways to come out from this ??
what should i do wen applying next time for student or H1B or immigrant application..

Praksh,

Your representative is not on the hook for what you sign for. Did you read the disclosure above or below your signature? You attest to the veracity and accuracy of what you submitted to the US Embassy.

As a result, you purposely lied to the US Consulate with the connivance of your agent. It is very easy for the US govt to find your misleading statement in your F1 visa application. Bingo... a denial was instituted. This is the reason your visa application was rejected, your lied and they found out, so they didn't want to bust your balls further. US Consulate M.O.... denied with no explanation.

H1-B visa consulting....translation. can you apply for an H1-B visa as an independent consultant? The answer is no. H1-B is through an employer who needs your special skills... a Bachelor's degree doesn't cut it anymore in the US... a graduate degree might stand a chance. Only the military does it... Lastly, stop misleading the govt and your life will be less painful...

 

[prakash_534]

thanks..
i didnt purposely lied on my application.. i did it just becoz my representative told me to do.well now it becomes all my mistake..

do u know how long an embassy keep F1 application data??
how did they find out that my parents or somebuddy else might have done my petition??
IS THERE ANY LEGAL WAYS TO COME OUT FROM THIS ?? PLEASE ANSWER
what should i show when doing new F1 application..

regards

Praksh,

Your representative is not on the hook for what you sign for. Did you read the disclosure above or below your signature? You attest to the veracity and accuracy of what you submitted to the US Embassy.

As a result, you purposely lied to the US Consulate with the connivance of your agent. It is very easy for the US govt to find your misleading statement in your F1 visa application. Bingo... a denial was instituted. This is the reason your visa application was rejected, your lied and they found out, so they didn't want to bust your balls further. US Consulate M.O.... denied with no explanation.

H1-B visa consulting....translation. can you apply for an H1-B visa as an independent consultant? The answer is no. H1-B is through an employer who needs your special skills... a Bachelor's degree doesn't cut it anymore in the US... a graduate degree might stand a chance. Only the military does it... Lastly, stop misleading the govt and your life will be less painful...

 

[austriacus]

I guess the only thing you can do is to explain in a letter that you were a victim advised (pressured?) by your agent to state incorrect information on your F-1 visa application, and it has (recently?) come to your attention that in fact this information is incorrect and you would like to correct it for the record, and you had no intention to lie or willfully misrepresent the facts, and did not fully understand the consequence of your actions. ... If that's in fact how it is, sounds like it might be to me. If you knew about the consequences all along, then I'm sorry but you're on your own.

Be sure to state his or her name and detailed contact information so they can go after this person who tells potential international students to lie on their applications. He or she obviously has the wrong job as an F-1 agent.

 

[prakash_534]

Thanks austriacus

Thank you very very much austriacus,

Do the consulate officer get convenience on my letter regarding this matter. how long consulate keeps F1 application data with their record.
what should i show in my next F1 application??
Does it make any harm to my Immigration petition in future??
Is there any legal ways to come out from this loop??

Thanks again..

I guess the only thing you can do is to explain in a letter that you were a victim advised (pressured?) by your agent to state incorrect information on your F-1 visa application, and it has (recently?) come to your attention that in fact this information is incorrect and you would like to correct it for the record, and you had no intention to lie or willfully misrepresent the facts, and did not fully understand the consequence of your actions. ... If that's in fact how it is, sounds like it might be to me. If you knew about the consequences all along, then I'm sorry but you're on your own.

Be sure to state his or her name and detailed contact information so they can go after this person who tells potential international students to lie on their applications. He or she obviously has the wrong job as an F-1 agent.

 

[austriacus]

I don't know if the consulate will get the letter, but I doubt the USCIS is organized enough. You can always send it to multiple places, or perhaps try to contact the CIS umbudsman about your issue first.

What you should put on your next application is obviously the truth. Lying to USCIS can get you permanently barred from entry to the US. If all that happens is that your F-1 visa is denied because you have relatives in the US, it'll be a problem for you now but much better for your future than if you lie on your application.

 

[prakash_534]

Some more information on this case, Find the dates in signature below of each application, I m not sure whether i ll get benifit as a derivatives child,?Does CSPA help me in this case for not being aged out??How will I 485 process, Which priority date will be considered ??approximately how long it will take to clear such types of file??

Thanks in advance
Really appreciate this forum for solving my doubts and helping me to take decisions..

 

[TheRealCanadian]

Some more information on this case, Find the dates in signature below of each application,

You appear to be missing one of the most important dates - the date the LC was filed.

I m not sure whether i ll get benifit as a derivatives child,?Does CSPA help me in this case for not being aged out??

Unlikely, but possible. When was the LC filed, and when was it approved. When was the I-140 filed and approved?

How will I 485 process, Which priority date will be considered ??approximately how long it will take to clear such types of file??

I'd focus on your eligibility first.

 

[prakash_534]

Information Updated

I am not sure exactly in which year LC was filed but up to my information it was filed in 2003,I will ask it to my father and will update to you soon, After LC approval they have concurrently filed I 140 n I 485, I 140 is approved in June 5 2005 and I 485 was approved in Sept 11 2007, Details of approval notice are written in Signature.

Thank you

You appear to be missing one of the most important dates - the date the LC was filed.



Unlikely, but possible. When was the LC filed, and when was it approved. When was the I-140 filed and approved?



I'd focus on your eligibility first.

 

[prakash_534]

LC approve date

Hello TheReal Canadian

LC was approved in March 2003

You appear to be missing one of the most important dates - the date the LC was filed.



Unlikely, but possible. When was the LC filed, and when was it approved. When was the I-140 filed and approved?



I'd focus on your eligibility first.

 

[prakash_534]

information added

LC was filed in January-2003 and approved in March-3003
I 140 was filed in June,5,2005

You appear to be missing one of the most important dates - the date the LC was filed.



Unlikely, but possible. When was the LC filed, and when was it approved. When was the I-140 filed and approved?



I'd focus on your eligibility first.