Asylum or IT

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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.

Mr. D · Oct 19, 2014 12:59 PM · 8,881 views

7 Replies

why everything is "one of my friends"? Your friend is smart enough to file asylum, get job go to h1b but not smart enough to post in sajha himself?

cybro · Oct 19, 2014 2:43 PM

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?

dhampungdragon · Oct 19, 2014 3:10 PM

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.

kalidasbhaisaab · Oct 19, 2014 5:45 PM

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.

maxpayne · Oct 19, 2014 7:37 PM

@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

Mr. D · Oct 19, 2014 7:59 PM

One of my friend's friend is also having the same situation. My another friend of my close friend also asked me the same question. Then I told my friend that I would ask my friend's friend. I will let you know once my friend tells my me how his friend had resolved this. Hang in there bro. I will come back with the solution my friend's friend came up with.

hussain_khan · Oct 19, 2014 8:28 PM

Mr.D, your response to Kalidas shows the case is related to you. I wonder why everyone says it is for 'a friend' when asking for suggestions like this as mentioned by cybro and husainkhan.

adhikari_bandhu · Oct 19, 2014 8:36 PM

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