The Nepal Digest - the First Nepali e-Magazine
Year 14, Volume VIII, Issue 1, Published On Sunday Aug 24, 2003 (Bhadra 07, 2060), New York, USA
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Immigration Q&A By Ramesh K. Shrestha, Attorney-at-law

(Ramesh K. Shrestha is a practicing attorney in New York City. His office is located at 377 Broadway, Suite 801, New York, NY 10013. Tel: (212) 625-3394, Fax: (212) 431-4460, Email: Rshresthalaw@aol.com. His practice concentrates on Immigrant and Nonimmigrant Visas, Business Immigration, Extraordinary Ability, National Interest Waivers, Labor Certification/Permanent Residency, Detention/Bond, Removal/Deportation Defense before Immigration Courts/Executive Office for Immigration Review, Department of Justice.)

He will answer TND reader's immigration related questions. Questions can be asked by visiting our submit page or simply by emailing at contact@thenepaldigst.org. TND sincerely thanks and appreciates Mr. Shrestha's contribution. - Editor)

There are 4 Q&A in this issue:

Q.1. Barkha from India asks,

I am an Indian citizen and want to permanently settle down in Nepal, how can i go about it?

Dear Barkha:

As far as I understand, Indian citizens do not need to obtain a visa to stay in Nepal pursuant to a treaty between Nepal and India. You can stay in Nepal indefinitely provided you prove that you are a citizen of India. If your plan is more than just living in Nepal, it is my recommendation that you consult a lawyer in Nepal.  Good luck.

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Q2. Niraj from the United States asks, 

Ramesh dai:

I am currently in f1 status and gradated in computer science. My relative has a gas station and he is an American citizen. Is it possible if he sponser me as his employee, can I get green card?

Niraj Bhai:

Employment based petition is one of the ways to obtain a permanent resident status. A U.S. employer can file a petition for a foreign national to work for him/her by establishing that:

1) It is a bonafide employer.

2) The business is in operation which can offer a full-time job to the alien. In other words, the job offer is bonafide.

3) The alien is adequately qualified for the job based on his/her educational background and experience. The alien's qualification is directly related to the job offered.

4)  The employment of the alien will not impose an adverse impact on the American workforce. In other words, the hiring of the foreign national will not displace a qualified, willing and interested US worker.

5) The employer has ability to pay the offered salary.

If you think your relative employer and you can meet the above requirements, you can be sponsored. Considering the facts that you are an IT graduate and your prospective employer owns a gas station, it appears, first you will have a problem in satisfying the #3 requirement of the above. However, if you are independently qualified for the offered position based on your other qualification and experience, you might want to explore the possibility.

Good luck.
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Q3. Nisha from United States asks,

Hello Ramesh Dai:

I am working on a H1B status. My position at my office recently got promoted from Software Engineer to Senior Project Engineer. My H- B still entitles me as Software Engineer. Do I have to get a new H1? If so, what are the procedures? Your suggestion is much appreciated. Thanks in advance.

Nisha ji:

It appears that there is a change in employment. Minor changes in job duties or salary increase do not require a new petition, only material changes do. A promotion to a higher position within the same occupation would not normally require filing an amended new petition provided the applicant utilize the same academic training. A new H-1B petition must be filed if 1) place of employment is changed if the change would invalidate the LCA; 2) change of person's duties from one specialty occupation to another; 3) material change in the terms and conditions of employment. It is important that you check the foregoing factors and see which one is applicable to your case. You are advised to act accordingly.

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Q4. Anand from the United States asks:

Hello Ramesh dai,

I am a permanent residence here in the state and been here for about 4 years and 8 months.My girlfriend is in nepal and i want to bring her here somehow.What is the quickest way to bring her here. Should i go to nepal and get married and file for the dependent or should i wait and get my citizenship first and apply for a fiancee visa for her. How long it takes to get a citizenship and how long is the process for Fiancee visa. I would greatly appreciate your help.

Anand Ji:

You are just a legal permanent resident (LPR), therefore, you cannot file a fiance petition for your girl friend. Only a US citizen can file a fiance (K-1) petition. However, you can marry her and can file a relative petition for her. But it will take a long time to get her here through this petition. Thus, it does not look good for you at this time. Since you are very close to satisfying the residency requirement for naturalization, perhaps, it will be better for you to go for naturalization first.

Once you become a US citizen, situation will be more favorable to you. You can file a fiance petition or a relative petition depending on your marital status. The processing time for a relative petition filed by a US citizen is much less than that of an LPR relative petition. The processing time for a naturalization application and fiance visa petition varies from region to region.

Ramesh Shrestha, Attorney-at-law

(Disclaimer Notice: Legal answer provided must not be construed as a legal advice rather it is an answer general in nature. One must seek legal advice from an immigration attorney for his or her particular legal matter.)

Please write your comments below. Thank you.

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Comments by Henry Ku from Singapore on Saturday, September 04, 2004 at 07:07 - IP Logged
I will be working in Madagascar and wish to obtain the Permanent Resident. May I know the conditions and procedures for application. What are marrying the local there?. Is this marriage certificate recognised in Singapore or in other countries.

Comments by ARTI from Singapore on Tuesday, August 03, 2004 at 13:34 - IP Logged
Good Day Sir,
I'm planning to marry my boyfriend who is a nepalese & we intend to settle down in Nepal in future.
1)How do I go about applying permanent resident in Nepal for myself without affecting my citizenship?
2)What are the criterias to be a PR?
3)Do we need to register our marriage in Nepal if we do so in my own country?
Your kind reply are greatly appreciated.

Comments by Rudy Baptiste from United States on Wednesday, May 12, 2004 at 03:36 - IP Logged
Dear Mr.Shrestha.
I`m a U.S citizen, my girlfriend live in Cuba. Would it be faster for me to travel to Cuba and marry her or file a fiance petition.What is the fastest way for her to come to the U.S.
Thank You.

Comments by Paula Daniels from United States on Wednesday, March 24, 2004 at 04:32 - IP Logged
Dear Mr. Shrestha, I have a fiancee in Nepal. We met online through a mutual friend, he is a movie director and I am a poet, songwriter. I wrote a song for a movie he was directing, and we became close. He then applied and got a multi-visa b1-b2 for visit to the states for us to meet. He came in may 2003 when he arrived in Seattle he was told he could only stay 4 months then he had to reurn to Nepal. While he was here in Spokane we fell in love we have known eachother now almost two years. We wish to marry but when he arrived back in Nepal his visa was stamped cancelled without predjudice. Can he ask for reinstatement of this visa or does he need to apply again. We are willing to wait for marriage if I can get him here. We just want to be together. But I donot meet the requirement for finacial sponsership to do the fiancee visa.And finding a sponser is about like teaching a rock to swim. Do you have any comments for us? Is there anyway to get him back here? thank you

Comments by kumud from Nepal on Tuesday, October 28, 2003 at 02:42 - IP Logged
hi Ramesh da.could u plz telll me the criterias to fullfill in order to get full scholorshops if i am a greencard holder by dv.:hopefully:kumud

Comments by Megana from United States on Monday, September 22, 2003 at 12:11 - IP Logged
Ramesh Dai,
I got married last year to US citizen, and filed my adjustment papers. I have two questions.
First of all, I just got fingerptinting and photo taken by the INS, so approximately how longer do I have to wait to get my conditional residency card?
Second, can I travel abroad? My family member is very sick in Nepal,how safe is it to travel with advanced parole, if my paperwork is at this stage?
Thank you very much for youe help.

Comments by Pravesh Shrestha from United States on Saturday, August 30, 2003 at 12:47 - IP Logged
Ramsh dai:
I was out of status from some time in 200 and I had used Amnesty law to file for GC using someone who was willing to sponsor me.
How does this LIFE act work? I have not heard anything from the lawyer who did the filing. He could not tell me exactly how this thing works. Please help.


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