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Noah Lott

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Everything posted by Noah Lott

  1. Well, if you already have an established travel history, then this trip should not be a problem...my concerns if this was your first proposed trip needing to apply for a B1, that the entire story makes very little sense...you have been to the US before, as you say...why no interview on those occasions? As i said earlier, my past experience with such cases was that they were largely bogus for first timers....for many reasons...yours may be the exception, and there is no other asset an applicant could have than a good travel history.
  2. Noah Lott

    US Tourist Visa -brother in law to visit pregnant sister

    He can apply (anyone can) but without a job, what is the motivation for him to return? Answer: NONE.
  3. Noah Lott

    L1-B Visa

    what is your 'specialized knowledge?'
  4. Noah Lott

    L1 processing time

  5. On what basis is the CO supposed to issue an L1 visa....your word? A promise? NO....they will want an I 797...
  6. Pretend I am the CO.... Q1 - what is this 'job> Q2 - why can't someone from the 'company' come to India to interview you for the job which is in.....India? Q3 - (depending the proposed job) - why can't you be interviewed via Skype (or some other teleconferencing method)? Q4 - how many other current employees at the company in India went to the US for their interview? Q5- what are their names? If you do not know their names, please obtain their names within the hour. (BTW, I would give zero credibility to any letter from the US company because this entire situation makes no sense.) Q6 - How many other candidates are there for this job? (if zero, this interview is likely over, as this whole thing is likely some ruse to get the applicant to the US and never return - if 1 or more , then this case gets refused under 221g pending the arrival of the other candidates - if the applicant starts to beg, then 214b swiftly applies) I encountered this 'circular logic' type of case numerous times....the foreign applicant supposedly had to be interviewed only in the US for a job in their own country - the jobs were typically non-management, mostly code writers or 'office workers' whose presence in the US was for show. I do not recall ever approving one....I did see colleagues be sorry they did. IMHO, a truly reputable company seeking high level employees to manage something in a foreign country would send the American interviewer abroad, not vice versa. My guess is that the job in question at best is some mid level manager of some boiler room operation in India...
  7. Noah Lott

    B2 Visa while H1 Extn is InProgress

    Invitations mean nothing...sometimes less than nothing. They are applying, not you.
  8. ...and not for providing child care....
  9. probably she could stay (doing what???) but best to check with CBP just to be sure.
  10. It is likely to be difficult for your sister to get a tourist visa.....why? Well, first, the obvious, she has no job, etc second, and while unpredictable, I've seen this happen...the mentally challenged sibling is 'accidentally' left behind in the US, to eventually be cared for by US taxpayers, with the relatives telling everyone how 'cruel' it would be to send that person home, etc, etc...and since such costs could be considerable, a CO is probably correct in denying applications, because one of their responsibilities is to safeguard the US economy and its citizens from economic hardship/costs...of course, everyone promises that they would not dream of leaving someone behind....and yet, they do...
  11. No, as long as it was indeed a one time petty theft conviction, but do not lie about it, because your fingerprints will match the record that the CO can access to some degree. Lying about it cannot possibly help; it could only cause delays...so don't try to be clever..if the CO asks for details, provide them and do not try to blame someone else for whatever happened...because it is all too easy to put a case into administrative processing....which can last quite a while...
  12. Noah Lott

    Parents Visitor Visa

    When I was adjudicating, I would never have looked at any of those worthless documents...why? Because not a single one demonstrates the reasons why a B2 applicant would abide by the terms of a B2 visa.....and you have no legal authority over anyone who enters the US as a tourist (nor anything else for that matter).
  13. Noah Lott

    Parents Visitor Visa

    None =,I repeat, none of those documents are required nor will be read, nor have any positive impact on their intervuew..becuause everything on the list is about you, not about them...
  14. Do not lie on your application about any arrest.....even if the crime committed did not rise to a CIMT, if you lie on the application form, you can expect a many week delay in visa approval/issuance because now the CO has NO reason to believe anything else you write or say, and the case could disappear for administrative processing, and that delay could be long....when applicants lied to me (when applying for an H1b; thus I could not refuse them under 214b for the most part), I instead set the case aside under 221g and launched a thorough investigation of the entire case, from start to finish....average completion time (some years ago) = 9 weeks. Think about that much delay, brought on only by yourself if you try to be clever. I did not care how many phone calls or letters I received about the case (most of which I did not even have to answer, and if some congressman or senator wrote, I only had to provide a response within 3 days; I did not have to expedite processing in any way, shape or form, and just write some standard blah blah letter telling said legislator that the case required additional processing, yaddy-yaddy and that was the end of that. Do not lie.
  15. Noah Lott

    LCA Amount Changed

    the LCA is nothing more than a 'promise' to pay $X....and there is little enforcement (a sad state of affairs)...but if a CO finds out that there is some significant discrepancy, last minute 'butt covering' by the employer will look understandably shady and could prompt a call from the CO to our Labor Dept and the case could go on hold for a while....a by product of shady dealings.
  16. Noah Lott

    Meaning of ‘most recent tax year’ in RFE for spouse petition

    Did they, as asked, provide copies of the tax returns versus some photo copy of a submission form? That's what sounds like it is missing. No, a 2018 return is not necessary. Note the instructions..'must submit a complete Federal Income Tax return submitted to the IRS for the most recent tax year, ' which is 2017. The return. Not some silly piece of notarized paper. The return.
  17. sounds shady....who are you going manage...? Yourself? that does not qualify...nor will the promise to hire more people. I put such L1A applications under an electron microscope to find the flaws- and there were numerous ones.
  18. Noah Lott

    Visa category

    ....and, you still have to overcome 214b (intending immigrant)
  19. Noah Lott

    Visa category

    so, the question remains....do you have the resources (and can prove them) that will allow you to camp out in the US for 7 months....you will need quite a bit of $$$
  20. I would strongly consider telling the truth....sounds like it was not a big deal...after all, they reissued you a new one.
  21. Noah Lott

    Parents Visitor Visa

    You can send them just about anything you want and no matter what it is, it will not improve their chances of getting a B2 visa....why? Because the CO will be interviewing your parents, not your I 797, not your bank account, your drive between employers, the type of car you drive nor anything else ABOUT YOU. Like Joe said, and like I will say for 7,848th time, THERE IS NO SUCH THING AS SPONSORSHIP FOR B2 VISA APPLICANTS.....PERIOD.
  22. Noah Lott

    Which location has highest approvals in canada

    If your case is legitimate, it does not matter...if shady, it won't matter either, as a good CO will (should) examine a questionable case in detail. I sent many cases back to USCIS that were shady - that is, either the job had a phony title to try and mask the fact that the job in question did NOT require a bachelor's degree nor was some sort of specialty occupation (the most common type of H1b visa fraud) or that the applicant did not possess the requisite education/experience level and had some 'evaluation' letter from some ethically challenged 'professor' who tried to blur the lines by sleight of hand word games, or applicants who had lied on their B1B2 applications and to CBP (upon arrival) ....I never had a case returned to me re-approved by USCIS...mostly because I made doubly sure to send them cases that I knew were bad, but I lacked the authority to negate the petition (though I could find the applicant ineligible, usually under 6C (misrepresentation/fraud)) - but once USCIS denied or cancelled the petition, that pretty much ended the phone calls from attorneys or applicants. Some tried filing new petitions in a different service center, but I flagged my questionable cases thoroughly in the data base used by COs, so that if the applicant tried 'visa shopping', he or she would not be able to cover up their earlier malfeasance, as my notes would follow them anywhere in the world. The ones who were found ineligible under 6C did not, at least while I was still active, receive any sort of waiver, as I would never recommend that USCIS grant one, in the strongest possible terms. A few tried the ever popular strategy of running out to marry the nearest Amcit, but I would have lengthy discussions with USCIS about any future waiver approvals or the validity of the last minute marriage...and again, as far as I knew while still active, no one received any waivers... my view was, if you cross the line, you will get nothing helpful from me, as I was not your advocate.
  23. Noah Lott

    Visa category

    Both visa types are subject to 214b....letters from a dean of something cannot overrule our laws....changing the proposed period of time in the US is just about the silliest thing an applicant can do....because it is not believable...it is just a fruitless, feeble attempt to fool a CO....every CO with more than 2 days worth of experience knows that CBP routinely admits people for six months (B1's can be shorter or longer), and besides, who knows what you would tell a CBP officer? What activity did the letter from the hospital state? Because changing that to something different will also look suspicious....word games are one of the fastest ways to be denied and stay denied.
  24. Noah Lott

    Visa category

    a B-1 can be used for an unpaid observer-ship, with no patient interaction and funded entirely by the applicant. Do you really have the resources to camp out in the US for 7 months on your own dime? (doubtful) A J-1 is needed for what you are talking about, which could involve some patient interaction, usually funded by a teaching hospital.
  25. Noah Lott

    Regarding B2 visa for Parents

    Question: were your parents interviewed when you applied for your H1B? Answer: No. Why not? Because they were not the applicant!! A CO adjudicates B2 visas on the basis of the merits/ties, etc of the applicant, not some third party. Your job, bank account, model of car or your I 94 is NOT UNDER CONSIDERATION....PERIOD. The CO is there to determine their bona fides, not yours. What matters is their ability to establish their credibility without regard to some third party, whether relative or not.