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rali145
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 Bhai bahini ko lagi green card
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Posted on 07-07-12 5:36 PM     Reply [Subscribe]
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Namaste saathi haru,
Ma aile F-1 visa ma ho ra ma yaha aako 2 yrs bhayo. Mero didi US nagarik hunu huncha. Aba uha le mero green card ko lagi file garne sochnu bhako cha. Mero man ma kehi prashna haru chan. Huna ta maile aafai pani khoj gare yasko barema tara malai lagcha hamra saathi haru le sahi jawaab dinu huncha hola. Tesaile kripaya malai aafno amulya sujhav dinu huna anurodh gardachu. Mera prashna haru nimna chan:

1. Maile aba jaana lageko university le "approve and processing' bhako 'receipt' matra dekhayo bhane pani in-state shulka laagne bataeko cha. Yo kun receipt ho ra yo aai pugna kati din lagdacha?

2. F-1 ko lagi 'intent to return' avashyak huncha jun ki Green Card file garne bittikai rahena. K maile pachi F-1 renew garda athawa Nepal ghumera farkida POE ma kei apthyaro hune ho? K maile yo matra in-state shulka ko lagi file gareko ho bhanda thik huncha?

3. Pachi maile H1B ma kaam garda k mero company le pani mero lagi chhuttai petition file garna milcha? K yo dubai petition ekai saath huna sakcha ki kei apthyaro hune ho?

Yas bahek aru pani kehi sallah sujhav dinu bhaye ma saathi haru ko abhaari hunthey. Yas prakriya ko barema thap jaankari dinu bhaye sun ma sugandha hunthyo.

Dhanyavaad ani shuva din,
Rali145
Last edited: 07-Jul-12 06:06 PM

 
Posted on 07-07-12 5:59 PM     [Snapshot: 60]     Reply [Subscribe]
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It will take about 12 years for it all to go through.
It may be a problem for renewing F1 visa ESP if you decide to go back to Nepal and have to go for an interview etc.
It should have no impact on h1b etc.
I am not sure about the instate tuition. If they just want receipt from uscis it will come very soon. But the approved letter will likely take few years. Once it's approved you will have to wait many more years to actually be able to go for interview etc.
If interested you can look at processing times of applications at the uscis website for various cosular
 
Posted on 07-07-12 6:02 PM     [Snapshot: 70]     Reply [Subscribe]
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Offices at uscis website
Also if interested you can look at most recent national visa bulletin to estimate how long it will take for you to actually get a green card. Last month it was for people who had their applications receipt date of jan 2001 I think.
 
Posted on 07-08-12 12:57 AM     [Snapshot: 576]     Reply [Subscribe]
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 Thank you Yuvaraj! I have checked the visa bulletion on the USCIS website and you're right about the waiting period. Right now the waiting period is about 12 years. I have a feeling it might create a problem while renewing my F-1 visa. However, I also think may it won't because they do state on their website about what if the sibling is already in the US. If they have the provision for siblings already in US then they clearly understand that they are non-immigrant visa holders and that they don't have a problem if they want to immigrate. Lets see what the future holds.

Waiting for some more valuable advices folks!

Good day! :)

 
Posted on 07-08-12 8:29 AM     [Snapshot: 708]     Reply [Subscribe]
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 Once your sibling files the immigrant petition for you, you cannot go back to Nepal and come on non-immigrant visa like F1. If it is H1B it will be fine since H1B is dual intent visa. The intent of applying while in US is that you should stay in US while maintaining legal status till you get the green card or at least Advance parole before you leave US. 

If you leave US and went for new F1 visa or come back with your valid existing visa, then even if POE officials didn't find about ur petition (and you didn't reveal at POE or during F1 interview abt ur immigrant petition) and you are able to enter US in F1, you will be considered as committing visa fraud (coming in non-immigrant visa by not revealing to officials that you have been already petitioned for immigrant visa) and you will have a huge problem during getting the green card. 

And if you reveal that you have been petitioned for immigrant visa thru ur sibling, then if you go for interview for F1 visa, they will not give F1 visa and will tell you to wait that 12 years to get the card or even at POE they will possibly send you back since they cannot let you in with non-immigrant visa. 

Hence the best is to be in United States, maintain F1 status or be in H1 status for the entire periond. 



 
Posted on 07-08-12 1:45 PM     [Snapshot: 921]     Reply [Subscribe]
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 Hey Ark,
Thank you for the input but are you sure? I'm just asking because it looks quite scary to me. That would mean that I cannot go back to Nepal for the next 12 or more years. If I decide not to file this petition then I'm screwed becuase I'll have to pay out-of-state tuition at the university that I've chosen which I cannot afford. 

Someone with similar experiences, please share your knowledge on this topic.

Thank you!

 
Posted on 07-08-12 2:01 PM     [Snapshot: 925]     Reply [Subscribe]
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 I am damn sure that once you apply for immigration petition under your name, you can't go back to Nepal and If U do while Coming back, Immigartion officers at POE might find out your status and you might get in trouble. So, you have to choose between two options either you apply the immigration petition under your name and get a in-state tuition fees or don't file for Petition under your name and when you graduate, just go through the OPT and H1 and eventually you will have what you need.
 
Posted on 07-08-12 2:12 PM     [Snapshot: 956]     Reply [Subscribe]
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 OMG!! Im glad we haven't filed the petition yet. Now I really need to think what I wanna do. I definitely need to go to Nepal in the mean time. And, I definitely wanna be able to come back here. I think now I need to find some other universities whose tuition fees I can afford.
 
Posted on 07-08-12 6:44 PM     [Snapshot: 1114]     Reply [Subscribe]
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 Please throw in your valuable suggestions friends. Thank you!
 
Posted on 07-08-12 9:41 PM     [Snapshot: 1194]     Reply [Subscribe]
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Posted on 07-09-12 11:53 AM     [Snapshot: 1399]     Reply [Subscribe]
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Posted on 07-12-12 4:42 PM     [Snapshot: 1669]     Reply [Subscribe]
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Posted on 07-15-12 4:16 PM     [Snapshot: 2013]     Reply [Subscribe]
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 BUMP once more!
 
Posted on 07-15-12 6:47 PM     [Snapshot: 2076]     Reply [Subscribe]
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rali45,
answer for your question"1. Maile aba jaana lageko university le "approve and processing' bhako 'receipt' matra dekhayo bhane pani in-state shulka laagne bataeko cha. Yo kun receipt ho ra yo aai pugna kati din lagdacha?"

My understing is :  university is asking for recipt of I-485 Form not the I-130 form. Your slibling have to file I-130 form first. once I-130 is approved , you have to wait for more then 10 years(in current situation/ visa bulletin). once your Priority date became current then only you/ your sibling can file I-485.

 conclusion: No chance of getting in-state tution from I-130 application. So verify with your university International advisor.



 
Posted on 07-15-12 7:01 PM     [Snapshot: 2100]     Reply [Subscribe]
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I am in H1B and my employer is willing to file a green card for me. My visa has already expired and I am planning to visit Nepal next year. Will it be fine to apply for green card now or do I have to wait until I get the H1B stamping?
 
Posted on 07-15-12 7:11 PM     [Snapshot: 2110]     Reply [Subscribe]
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 @secondlife, thank you for your answer..I also think it is the I-485 reciept..this option is not of my use for in-state in that case

@nepali-chora, I'm afraid I won't be able to answer that correctly. Having said that I'd suggest you to start a new thread asking this so that you can get more viewers which will include the ones who have already visited this thread.

 


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