Posted by: mero_naam_ho August 23, 2015
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"From what I hear "Mero_naam_ho" has f1-h1-gc path hardcoded in the brain"
Nope, I don't know what made you think like that about me. I have never talked about filing for green card through f1-h1-gc... nor I ever implied that is the only one path for GC. Did I ?
I guess you guys didn't understand my point. I understand any employer can file h1 or GC for anyone who is lawfully present here in the united states. For that person it won't be a problem cause his/ her status will be changed to new one. As the person is already in a lawful status that would be just "Adjustment of status".
Now, lets talk about some one who doesn't have a status. Yes, for that person who doesn't have a status employer can file H1 or GC (To do so there is something called adjustment of status), but since the person doesn't have any prior status there would be no "Adjustment of status" (Neither for h1 nor GC), which means that person has to go for consular processing back home. Now, the law denies an entry to united states for those whose unlawful presence is 6 months (3 years), if it is more than a year the bar would be 10 years. Consular will see his/ her unlawful presence and will deny the visa. Now it doesn't matter whether or not your h1 approved you just can't re-enter the United states..The same applies to the GC too.. Just sit back and think if you don't have any prior status then how you can "Adjust your status". TPS doesn't allow this kind of adjustment and that's what my point is. You must have some other status to do an adjustment of status. if you don't have a status even if your employer file h1 or GC you have to go through consular processing and like I said once you go there based on your unlawful presence your visa will be denied.
So, yes technically even though employer can file h1 or GC , you can't have any of those, because you will be banned for re-entering united states if there is an unlawful presence. Now, please tell me how you will have h1 or GC?
I would love to hear input from anyone who can contradict my opinion.
Nope, I don't know what made you think like that about me. I have never talked about filing for green card through f1-h1-gc... nor I ever implied that is the only one path for GC. Did I ?
I guess you guys didn't understand my point. I understand any employer can file h1 or GC for anyone who is lawfully present here in the united states. For that person it won't be a problem cause his/ her status will be changed to new one. As the person is already in a lawful status that would be just "Adjustment of status".
Now, lets talk about some one who doesn't have a status. Yes, for that person who doesn't have a status employer can file H1 or GC (To do so there is something called adjustment of status), but since the person doesn't have any prior status there would be no "Adjustment of status" (Neither for h1 nor GC), which means that person has to go for consular processing back home. Now, the law denies an entry to united states for those whose unlawful presence is 6 months (3 years), if it is more than a year the bar would be 10 years. Consular will see his/ her unlawful presence and will deny the visa. Now it doesn't matter whether or not your h1 approved you just can't re-enter the United states..The same applies to the GC too.. Just sit back and think if you don't have any prior status then how you can "Adjust your status". TPS doesn't allow this kind of adjustment and that's what my point is. You must have some other status to do an adjustment of status. if you don't have a status even if your employer file h1 or GC you have to go through consular processing and like I said once you go there based on your unlawful presence your visa will be denied.
So, yes technically even though employer can file h1 or GC , you can't have any of those, because you will be banned for re-entering united states if there is an unlawful presence. Now, please tell me how you will have h1 or GC?
I would love to hear input from anyone who can contradict my opinion.
and yeah one more suggestion to everybody -- Don't even think about going out of status.
Last edited: 23-Aug-15 10:23 PM