From: cahuja@twerp.ease.arco.com (Chander Ahuja) Newsgroups: alt.visa.us Subject: Re: F1 renewal for PR applicant? HELP !!! Message-ID: <33056@twerp.ease.arco.com> Date: 7 Aug 92 18:00:24 GMT >I believe the new law changed that. (But don't take my word for it... >Still, I had an H1B issued to me after having applied for permanent >residence.) > >Luc B IMMACT 90 specifically excludes the consular officer from considering a PR application as evidence for exclusion from H or L visas. Also: From: e422sk@tamuts.tamu.edu (Kalara Sunny) In some cases application for J visa can also be filed with "dual intent". -Sunny In article , krzys@icase.edu (Krzysztof Wlodarski) writes: |> |> I think the situation is not quite that simple. I believe INS |> allows "dual intent" only in certain cases. When I applied for |> my "green card" I was adjusting my status in the U.S. and my attorney |> told me that if my application for permanent residence were rejected |> then I would be allowed to fall back into my F-1 status because |> of the existence of the "dual intent". However, I'm not sure in |> what case the "dual intent" is allowed, and if it is limited to persons |> that are present in the U.S. probably 'cos your F-1 status was still valid (i.e. you had not completed your studies). Not the same as trying to get a new F-1 visa abroad as you have indicated. |> Just to give you an example of an opposite situation consider this: |> If a U.S. permanent resident gets married abroad then a spouse is |> rutinely rejected any kind of temporary visa and must wait for a |> "green card" before s/he can come to the U.S. |> Actually there is a motion in Congress to change that. |> Bill H.R. 4275 would create a new "S" visa category for spouses |> while the bill S. 2385 would allow them to come on visitor or |> student visas. |> |> Usual disclaimers apply. |> |> Krzysztof PSR (Professionals for Spouse Reunification) is the voluntary org. of the "sufferers" and sympathizers who have worked to get these bills into congress. If any reader is interested in joining this effort send a message with SUBSCRIBE as the subject to p2-talk-request@twerp.ease.arco.com. For information only write to PSR or call (313)268-0222 (Midwest), (408)285-6039 (West Coast) or (508)842-9428 (East Coast). Professionals for Spouse Reunification 478 W. Hamilton Avenue, Suite 187 Campbell, CA 95008 -chander From mimsy!cs.umd.edu!news.umbc.edu!europa.eng.gtefsd.com!howland.reston.ans.net!math.ohio-state.edu!magnus.acs.ohio-state.edu!rsubbu Wed Dec 1 22:31:49 EST 1993 TO ALL THE PROMPT NETTERS WHO OFFERED GENEROUS ADVICE I posted a request yesterday for urgent help. > Hi! > I really need the help of experienced netters who have first hand or > very reliable info on the H-1B VISA process for re-entry into the U.S. > What are the chances of getting such a VISA from New Delhi. I made > plans to go to Toronto this weekend but have had to cancel them because > I was not aware and hence did not prepare for the waiting period involved. > The BIG reason is that I am leaving on vacation for New Delhi next weekend. > This gives me just one week to get the H-1B VISA from Canada (If for some > unknown reason I do not get held up there) > My options are > 1) Get reliable info on the ease of the H-1B VISA process in New Delhi > 2) Take a calculated risk in getting this from Delhi. > 3) Cancel my long awaited INDIA trip. (Really bad option!!!) > ***************** > For Mr. Rajiv Khanna > With due respect to your judgement on such issues; I asked an opinion from > the attorney who processed my H-1B petition about getting the H-1B VISA > from New Delhi. He said that times have changed now and that only Bombay > and Madras seem to be the bad spots. He said that I should not face a > problem getting it through Delhi. > Today I got a message from you with a strong recommendation to go to Canada > first. > I am REALLY REALLY in a massive fix now. > ****************** > Please Help!!!! Here is the summary of the responses I received. I got about 10 replies. I have also added some key points to note. All of them were EXTREMELY POSITIVE about the ease of getting a H-1B VISA from INDIA (provided the applicant has a clear cut case with all supporting documents): a) Blue copy of H-1B approval notice (remember this is the original not a Xerox copy). If your employer will not release it request your attorney who processed your H-1B petition to supply one. b) Take with you a copy of the complete H-1B petition (includes copy of degree etc.) c) If you were a student in the U.S. before your employment, carry your I-20. d) Letter from employer authenticating your current status in the U.S. and that you are legally authorized to work for them until the expiry of your H-1B permit. The letter must mention your current compensation and designation. This letter should also include an endorsement that you are taking an approved vacation and that you are expected to report back for work on a particular day. It will be nice if you could get your employer to offer to be contacted by the VISA granting official if there is a problem. e) Your most recent resume. f) Your pay stubs. g) If you feel so take a copy of your most recent tax return. Laws have changed now. You can now legally express intent to become a permanent resident without it having a negative impact on the H-1B multiple entry VISA granting process. EXPERT LEGAL ADVICE IS THAT KEEP YOUR MOUTH SHUT ABOUT THIS ANYWAY. YOU DO NOT HAVE TO ADVERTIZE TO THE VISA OFFICER THAT YOU WANT TO BECOME A PERMANENT RESIDENT. IF YOUR GC PROCESS IS GOING ON DO NOT LIE ABOUT IT IF ASKED. IF ASKED IF YOU PLAN TO RETURN TO YOUR HOME COUNTRY AT THE END OF YOUR H-1B TERM, SAY YES!!!!. This of course does not hold if your GC process is going on. I am going to apply for mine from New Delhi. Good luck to all who might have similar plans as mine. Raj Subbu