Help!!!
Nov 14th 2011, 2:35 pm
#1
Forum Regular
Thread Starter
Joined: Jun 2011
Posts: 42
Help!!!
I received my approved H1-B visa petition pack today. So I called the London embassy number to book an appointment. The lady on the phone asked if I had ever overstayed. I told her yes as I had. But US immigration allowed me to as they paroled me to apply for change of status (green card) which I did not complete as I moved back to Scotland (personal issues - I was never deported and everything was all above board).
She then told me that I could not get an appointment as more info was required. She also told me that I would have to prove that I was not moving to the USA and intending to live there permanantly.
I had been informed by my immigration attorney that this should not be a problem. I should be able to go over on an H1-B and then apply for change of status.
Who is right? Help!
Stressed!!!!!!!!!
She then told me that I could not get an appointment as more info was required. She also told me that I would have to prove that I was not moving to the USA and intending to live there permanantly.
I had been informed by my immigration attorney that this should not be a problem. I should be able to go over on an H1-B and then apply for change of status.
Who is right? Help!
Stressed!!!!!!!!!
Nov 14th 2011, 2:41 pm
#2
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Help!!!
I received my approved H1-B visa petition pack today. So I called the London embassy number to book an appointment. The lady on the phone asked if I had ever overstayed. I told her yes as I had. But US immigration allowed me to as they paroled me to apply for change of status (green card) which I did not complete as I moved back to Scotland (personal issues - I was never deported and everything was all above board).
She then told me that I could not get an appointment as more info was required. She also told me that I would have to prove that I was not moving to the USA and intending to live there permanantly.
I had been informed by my immigration attorney that this should not be a problem. I should be able to go over on an H1-B and then apply for change of status.
Who is right? Help!
Stressed!!!!!!!!!
She then told me that I could not get an appointment as more info was required. She also told me that I would have to prove that I was not moving to the USA and intending to live there permanantly.
I had been informed by my immigration attorney that this should not be a problem. I should be able to go over on an H1-B and then apply for change of status.
Who is right? Help!
Stressed!!!!!!!!!
You need to provide more information about the timeline of your entries, application filings, and exits from the US before anyone can guess if an overstay will cause you a problem.
They probably can't give you an appointment until they get a look at your alien file and piece together your situation.
Nov 14th 2011, 3:00 pm
#3
Forum Regular
Thread Starter
Joined: Jun 2011
Posts: 42
Re: Help!!!
The H1B should not be denied solely for immigrant intent. Application for adjustment of status (don't call it change of status) to LPR is permitted.
You need to provide more information about the timeline of your entries, application filings, and exits from the US before anyone can guess if an overstay will cause you a problem.
They probably can't give you an appointment until they get a look at your alien file and piece together your situation.
You need to provide more information about the timeline of your entries, application filings, and exits from the US before anyone can guess if an overstay will cause you a problem.
They probably can't give you an appointment until they get a look at your alien file and piece together your situation.
