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Mr. D
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Posted on 10-19-14 12:59
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hi there, one of my friend is has approved H1B but he has previous denied asylum case. He is thinking about going to nepal to get this H1B visa stamped through IT consultancy and bring his spouse here on H4 visa. Is it going to be a problem for H4 visa and H1B stamping due to denied asylum history since asylum is immigrant intent but H1B is dual intent. Anybody has similar experiences in the past ? Hope you guys are having a great weekend.
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dhampungdragon
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Posted on 10-19-14 3:10
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I know a guy in a similar situation in Austin. He is still in H1B. I dont know abt going back for stamping. Are you the same guy?
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kalidasbhaisaab.
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Posted on 10-19-14 5:45
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It could be you or your friend doesn't matter. I think when I am at US Consulate Office in Kathmandu applying for an H1B visa the main thing the interviewer is looking for is my employer and H1B information. Also, that I was not 'out-of-status' while I was in US. Now in a case where I had previously applied for an asylum, it might well be that USCIS can find out that I had applied for it. If a question on that is asked I should be prepared to answer. Say, during that time the condition in my country was unstable and volatile but now most of the people who had threatened me and my family have entered main stream politics and the Government had chosen the path of reconciliation which is also the reason that I intend to return back to my country and work here in the long run. Yada yada yada. Long story short, your explanation may help in a highly unlikely scenario that such a question is asked. I would worry more about my employer,if my H1B is from a small IT recruiting company based in NJ. But if I was offered through a decent performing IT company and I have all the documents, I should be ok. Your thoughts please.
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maxpayne
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Posted on 10-19-14 7:37
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He can also go to Canada or even Jamaica. He doesn't have to go to Nepal. All the Indians have started going to Jamaica. Search on Desi opt forums.
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Mr. D
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Posted on 10-19-14 7:59
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@dhampungdragon: nah, i am not that guy :) @kalidasbhaisahab: thank u for ur thoughts..yup ur explanation makes sense..it would be better to go to canada for visa stamping but he also want to visit nepal...he has not been out of status either... yes it is IT based in newjersey.. how difficult is it to get the H4 without getting visa stamping ?? I heard H4 is possible without getting H1B stamped...
and just to keep this thread from going off track, I have deleted unnecessary response. Btw, about me, I've already got asylum approved back in 2012, I know you guys can figure that out from my previous postings or responses on others' postings.
Last edited: 19-Oct-14 08:43 PM
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