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One case approved-one case denied and now want to apply for a Green Card!!

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  • One case approved-one case denied and now want to apply for a Green Card!!

    Hi there,

    I am currently on H1-B visa. I lost my last job November of 2009 and applied for a student visa with about 2 weeks delay after my last pay-stub. after a few months I got my current job and applied for a work visa while my student visa application was still pending. After two weeks of getting the H1-B visa approved I got a letter from immigration which said my student visa petition was rejected because I was out of status for two weeks till I applied for the student visa. Now my concern is since I am going to apply for Green Card with my current employer soon will my denied student visa petition do any harm on my green card application? Will they consider me out of status for those few months that my stats was pending?

    I appreciate your responses in this regard.

  • #2
    Hi there,

    I am currently on H1-B visa. I lost my last job November of 2009 and applied for a student visa with about 2 weeks delay after my last pay-stub. after a few months I got my current job and applied for a work visa while my student visa application was still pending. After two weeks of getting the H1-B visa approved I got a letter from immigration which said my student visa petition was rejected because I was out of status for two weeks till I applied for the student visa. Now my concern is since I am going to apply for Green Card with my current employer soon will my denied student visa petition do any harm on my green card application? Will they consider me out of status for those few months that my stats was pending?

    I appreciate your responses in this regard.

    Comment


    • #3
      GO HOME!!!

      Comment


      • #4
        You said you had got the 2nd H1-B approved so it shouldn't be an issue. However I have little experience with the H1-B visa process. I'd say best bet is to have a one-time consultation with a good immigration lawyer.
        "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

        Comment


        • #5
          I agree that a consultation is in order here. Glad to hear that you got your skilled worker visa. There's definitely no reason for you to go home!
          Always interested in the H1-B visa, the Eb-5 Visa Program and other Eb5 Investor Visa related issues.

          Comment


          • #6
            If you were out of status, then you are still out of status and cannot adjust from out of status to H1B. Nor can you adjust to lpr.

            Comment


            • #7
              This might help you...

              Immihelp.com
              "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

              Comment


              • #8
                Now your intentions are clear you came to this country to havea Green Card, and you try to get into this country through H1-B, Do not get me wrong that's the facts when you file for your Green Card you will be denied: As such you did not say the truth at that time.
                Now a days the U.S. Department of Homeland Security is have a good time even the lawyers can not get through the reading of the laws.
                What you understand the law I will not read the law in your favour.Each and every one read the laws according to his understanding not according to what the law says.

                Comment


                • #9
                  thanks again Terry, for being so supportive of some 30 cents on the dollar foreigner for taking a job from an American....hope one of these pieces of slime takes yours someday...then what tune will you be singing?

                  Comment

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