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Suntalii
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 TPS problem
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Posted on 09-12-15 6:32 PM     Reply [Subscribe]
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I was waiting for my visa approval, however recently, I heard from USCIS that it has been sent to Kathmandu consulate for processing.

My last visa was valid until August of 2014 and until recently I was on authorized stay, however, now I am out of status as I will need to go to Nepal to get a visa.

Could someone help me figure out how it needs to be handled ?

One of the options is to file for tps, is so , is there anything special that needs to be done to file for tps apart from regular processing ?

If I go to Nepal, there is no guarantee that visa will be given, I guess.

And in case, I get tps, I may be barred from coming back for several years once tps expires. Can someone suggest what would be the best way to move forward ?

Thanks
 
Posted on 09-12-15 7:09 PM     [Snapshot: 32]     Reply [Subscribe]
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What sort if visa r u talking about? Whatever tyoe if visa that us, if you go 2 nepal for visa interview at US embassy, u will definitely not be given the visa and barred from coming to US since u have overstayed in US. The only option is to apply for TPS/ead/ap and work with tps status. You could travel on AP but u have to get advice from an attorney.
 
Posted on 09-12-15 7:25 PM     [Snapshot: 59]     Reply [Subscribe]
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H1b extension/transfer, it has been approved but at the same time sent for consulate processing, ... weird !!
 
Posted on 09-12-15 10:40 PM     [Snapshot: 152]     Reply [Subscribe]
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"H1b extension/transfer, it has been approved but at the same time sent for consulate processing, ... weird !!"

did USCIS denied your "change of your status ?"


buy why they have send for consulate processing ? what was the reason ?

how long you have been stayed in US since your petition got denied ? and what about the new employer ? is it a consultancy or is it a nice company ? if you want to go and want to try your luck then of course you can go for a stamping otherwise if you want to stay then you can appeal (I290-b)and hope for a positive result. but an appeal takes months....

good luck and my best wishes.
 
Posted on 09-15-15 7:37 PM     [Snapshot: 361]     Reply [Subscribe]
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Yes, approved H1 b but denied status transfer I guess.


The reason being, first of all the immigration officer made a mistake when asking for evidence, so when the lawyer & I sent them info about why the Immigration officer was mistaken, then they they sent us a letter saying that there was a delay in filing the application by 2 wks, this was not an issue at all when they asked for evidence !!! too sad...

The lawyer got busy or may be forgot to file on time, very tragic in a way...

I have asked the lawyer to file for appeal given the circumstance of catastrophe, however the lawyer has not filed yet.

I am hoping to file for appeal once TPS is approved, so that there will be no unlawful presence for me,

New employer is great, wants to sponsor Green card.

My last visa was valid until about one year ago in 2014 and until recently I was on authorized stay due to a long time for them to approve, however, now that they have denied the visa transfer, I guess I am out of status .

One of the things I wanted to ask is if there anything special that needs to be done while filing for tps apart from regular processing ? I am thinking about writing about my circumstance of overstay

And in case, I get tps, I may be barred from coming back for several years once tps expires. Can someone suggest what would be the best way to move forward?
 
Posted on 09-16-15 12:10 PM     [Snapshot: 496]     Reply [Subscribe]
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file TPS and once you get it, file GC.
 
Posted on 09-16-15 5:45 PM     [Snapshot: 600]     Reply [Subscribe]
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Is the H1B transfer approved with consular processing ??
I think you have a chance to get stamped. I think it depends on how long is the overstay, it should be less than 180 days i guess, then you have chance to get stamped. In case if you do not get stamped then you can use AP from TPS to come back. I do not think they will give GC from EB if they do not even want to give H1B
Last edited: 16-Sep-15 05:48 PM

 


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