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Posts posted by care_candidate

  1. This will have significant consequences. Not because you didn't receive paycheck but this shows employer's inability to fulfill basic qualification for sustainable employment. Your H1b comes with certain conditions employer has to follow. If they can't it is problematic for them particularly.

  2. 10 hours ago, johndsouza said:

    Hi ,

    Recently my H1B extension was denied and need to go back to my country .  I had bought a car recently and have made only few payments on it . when i went to the dealer for selling it ,  the quote presented to me states that i need to pay a hefty amount after considering the value of the car. That amount equates to 10 months of EMI payment. have completed 4 years on H1B with 2 years left . Planning to file HNSC after returning to home country . Which of the below option Would be ideal in this scenario.

    1) Sell the car to the dealer by paying the hefty difference amount and get rid of the car and loan (Please note that i have no time to sell it to a private party)

    2) Make a power of attorney of the car to my friend and park it in his place and make payments from my country and return and get back the car assuming the HNSC will get approved.

    Please suggest

    How is this an immigration problem?

  3. Based on what you mentioned, chances are low. If you read your #2, that alone will make them deny visa. No one can sponsor visa expenses and as you mention that, it means that you are helping him get here in beginning and then because he is about to graduate, he will try to find job here and stay legally or illegally.

    The single most item he needs to project in his application is that he has more inclination to return back to home country than staying in US. He can show that by

    1. Strong ties in home country (job, job prospect, family, other)
    2. Have strong source of income or source in India
    3. Have less or no benefit in staying in US beyond time period.

    Understand that it is difficult to convince that he will return when he is about to finish education and have no further plans on doing anything there. An obvious question officer can ask that why he wants to return beyond the fact that he has family to return to in this case.

  4. You will have to start the whole process from PERM, then I-140 and file for Green card with new employer. You can make request to use same Priority date. Also if you remain out of US at the time of applying for Green Card (third step) you will have to file using Counselor processing rather than Adjustment of Status. 

  5. Technical documentation, milestone tables, funding documents doesn't look like actual technical work but a sideline work. For H1b, there are specific criteria to approve. As a matter of fact they all indicate different work areas

    Technical Documentation: Engineering? (Are you writing technical documents such as patents or instruction manuals?)

    Milestone table: Schedule? (Do you create production schedule? Human resource schedule?)

    Funding requirements: Finance? (Are you creating funding proposals?)

  6. Typically passport will be primary document. I have seen same issue many times. Candidates from India have this issue that they combine first and middle name together and then it can be construed as first name only.

    You can do what many people do. Just list your first name ABCD wherever they ask and if they ask middle name just have it EFG. If they ask for middle initial, have it E. And obviously last name as it is. 

  7. The reason office asked your parent about your loan is that many times parent help student to get student loan, which is not case with you. If officer has a doubt that since you are already in US and if parent have no good reason to return, whole family may look to be running away from loan altogether and settle in US.

    The only thing you can improve is to get your numbers straight. Know all the details and explain in concise manner in few seconds. Keep in mind that they may not ask same questions again.

  8. Situation may have changed in last few years. When I was in same boat many years ago, reentering with F-1 OPT was a risky task. The clear reason was the reason for returning to US if you completed your degree, regardless how long the OPT is remaining. If you have job or offer, it became slightly easier as you would have something to look forward to maintain or change status. One thing clear is that they will ask your purpose to return and what you are going to do in remaining time.

  9. Assuming you are EB-2 India:

    Normally you should always encourage employer to start GC process as soon as possible. Nobody knows when/if your #1 bill becoming a law. However, considering starch difference of opinions in congress and political situation, passing anything new related to immigration is distant possibility. You have valid reason to suspect if anything goes wrong about possibility of not approving H1b extension. Coming back to my original claim, it is remotely possible to pass such bill as there are many in boat that will get affected thereby affecting few companies, which are dependent on such employees.

    Since your PD is Feb 2012, most likely none of chart is going to catch that is next 2-3 years. This means you have time to wait if your employer do not want to start procedure right away. But then, you still should pursue them to do so....Good luck!