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Noah Lott

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Everything posted by Noah Lott

  1. Noah Lott

    f1 CPT i20 with COS for h1b pending

    Since F1/F2 visas are subject to the applicants overcoming 214b, (returning to their home), what will you/she tell the CO about that, since an H1b is in the wings?
  2. Isn't anyone paying the least bit attention to the numerous posts on this site whose topic is sponsorship of B2 visas? THERE IS NO SUCH THING AS SPONSORSHIP FOR B2 VISA APPLICANTS....NONE...ZERO...NADA....NO WAY JOSE.. This fact has been repeated on this site about 4300 times...and yet still people do not get it...no one sponsors B2 visas...such an action is not ever mentioned in the laws that govern visa adjudication...COs do not interview third parties nor their bank accounts... The minor name misspelling is meaningless
  3. Noah Lott

    H1B revocation

    you will likely need a new petition, with a bona fide employer and a bona fide job
  4. Noah Lott

    B2 Sponsorship

    And to the disbelievers....if I, a retired CO, knew the absolute 100% guaranteed way of getting a B2 visa, I could open an office as some sort of 'visa consultant' (needing no license to practice) and sell that path to visa issuance for bucketloads....but ..even if I knew what that path was, I would not do it, as that would violate my own ethics...so, if I cannot offer a sure fire method of getting a tourist visa, others with ZERO interviewing experience cannot possibly offer anything better. I can, however, offer suggestions on what not to do....
  5. Noah Lott

    B2 Sponsorship

    The 'fact' remains that you have never interviewed anyone and thus your 'insight' is based only on hearsay or some story told by one successful applicant. There are no proven shortcuts to getting a B2 visa; there are many proven shortcuts that will result in a denial.
  6. Noah Lott

    J1 visa

    You can apply, but you may be told to return to India where the COs are better placed to determine how strong your ties are to India.
  7. Noah Lott

    B2 Sponsorship

    Some may think that I have 'sermonized'....what I have offered is the perspective from someone (me) along with numerous CO colleagues based on years of experience and tens of thousands of interviews, instead of hearsay and opinions based on rumors. The INA is very specific when it comes to the adjudication of visas...in the case of B2 visas, 'every applicant seeking a non-immigrant visa [subject to 214b and some other legalese) is presumed to be an intending immigrant and therefore ineligible to receive such a visa until such time as they convince a consular officer that they fully intend to abide by the terms of said visa status.'...there is no mention in the law that COs should dole out tourist visas merely to promote tourism...while the Foreign Affairs Manual (FAM) tries to water down the laws in many places, when it comes down to crunch time (decision time), a CO who follows the law cannot be legally nor ethically challenged....visas granted based on sympathy factors are often a mistake and a good CO should not buy into to some weepy tale about relatives or friends living in the US in some dire condition that for some reason should result in an unqualified applicant getting a tourist visa....in my own observation over many years, the vast majority of people who were erroneously granted a B2 visa based on some tall tale of woe disappeared promptly into the United States. I had a case in which the applicant claimed she needed a certain medical procedure allegedly unavailable in her own country - her USC sister was at her side, making all sort of promises....I discovered that the medical procedure was available in her own country and denied the visa based on a number of factors....the consul general got a bunch of phone calls from the USC sister and others, and overruled my decision over my strenuous objections...the end result .... she (the applicant) vanished and US taxpayers got a bill for $175,000! I encountered other applicants who had to jump through many hoops before ever getting a B2 visa for medical reasons (one big factor in those types of adjudication is strong evidence that the US taxpayer will not be shelling out a nickel for medical services, and all that had been offered in the above case was some silly promise by the USC sister)....after this faux pas, I was not challenged again and instead I was put in charge of adjudicating difficult cases because of my extremely meticulous approach to such cases... And just because somebody wants to go to Disneyworld or prowl our shopping malls is not sufficient reason to dole out a B2 visa to an otherwise unqualified applicant, no matter what others lacking CO experience tell you. The applicant (and only the applicant!) is the one who must convince a CO that they are eligible to be granted a B2 visa...no one else, regardless of their self importance, position on the economic scale or their occupation (including all politicians and immigration attorneys!) is or should be involved in the CO's decision...good CO's tune out all of the excess noise created by interested third parties, because most of it is exactly that...noise. 'Eye contact' and 'confidence' may help, but those actions or traits are far from the be all and end all of a successful visa interview. Way far. And besides, applicants who try to 'act' their way through an interview are (or were ) extremely transparent (to me) as I often watched the waiting applicants in line while interviewing or typing notes into the database and could often see the sudden transformation and attempts to win me over based on phony body language and memorized answers....you can easily guess how rare those folks were successful. Just be yourself, answer truthfully and you will have your best chance of getting a B2 visa...no guarantees, because there are many factors that go into a CO's final decision..but you do not want to labeled as some sort of low level scam artist trying to smooth talk your way into a visa, because my (or a colleague's) notes in the database will follow you (or followed you) for a long time...and please....please do not buy fake documents (nor create your own) from some silly vendor three blocks from our embassy, because the only person will be fooled by such nonsense is you, the purchaser. And there are no refunds if you are unsuccessful in getting a visa after having presented those phony papers. You can be and likely will be found ineligible to receive a visa of any type for the rest of your life. Think about that...is it going to be worth it? I had no qualms about making such a determination, no matter how stupid looking those fake papers were...and I had lots of ways of determining the legitimacy of documents shoved through the window at me...and I was never in a rush to make a positive decision....so don't do it....
  8. Noah Lott

    RFE for OPT STEM Extension

    Best to follow the instructions and our laws and ask your DSO for guidance since none of us know what you studied nor what the job is that you are seeking...
  9. Noah Lott

    B2 Sponsorship

    Most COs are supposed to follow the law, not default to supporting tourism. Bona fide applicants should be issued; questionable or mala fide ones should not. COs should not fall prey to emotional adjudication, as that route can lead to poor decision making. Certainly trying to play word games will often backfire, so do supply concise, truthful answers and do not try to evade questions, as that will come across as trying to hide something...and COs do not have the luxury of time to hold the hand of every applicant who tries some evasive answer, then tries to correct it with a new answer or explanation, so yes, be concise, but more importantly, be TRUTHFUL, because if you are not, a good CO will detect this and that will be it for that day. As a reminder, please understand that no third party can positively influence the outcome of a B2 interview, no letter nor document can transform a weak or bad case into a good one, and COs do not (by and large) care why one is GOING to the US, but rather why that person will DEPART the US after a visit of appropriate duration and not engage in unauthorized employment while in valid B2 status. The bold portion of this posting is critical. Ignore it, and an unsuccessful interview will be the norm. Think some congressman or senator or immigration attorney can help? Nope. Our legislators have no legal authority nor power over the consular officers, and neither do immigration attorneys...all have opinions, which have no value. COs are instructed and empowered to make their decisions based on their own judgment and evaluation of an applicant, not by the promises or 'feel good' statements made by someone else. Any CO who does otherwise should resign.
  10. Noah Lott

    B2 Sponsorship

    and writing a letter saying you will pay for their airfare, etc, is NOT really sponsoring anything...and COs really don't care much about who pays for airline tickets.
  11. Noah Lott

    B2 Sponsorship

    I guess no one reads any of the posts on this site...please read mine under the one you (OP) started..but..for those who just don't understand....THERE IS NO SUCH THING AS SPONSORSHIP FOR B2 APPLICANTS...no third party's bank account, house size. promises or model of car will make ANY positive difference in the outcome of another person's B2 interview....NONE>>..for the most part, the situation of some relative or 'friend' living in the US is NOT RELEVANT to the adjudication of a B2 visa application. There might be a few exceptions, usually if a relative had lied or scammed their way to the US...that could be another hurdle for any remaining relatives to overcome, as the presumption by a CO might be that the next relative will try the same...
  12. I believe that my response was reasonably diplomatic and spot on as far as accuracy goes....for some reason, a lot of cultures believe and/or place entirely too much faith in documents...but the truth is, documents are often viewed with suspicion (because so many are fraudulent), in general they prove little in the way of 'intent' of any applicant, cannot prevent a B2 holder from working illegally nor force them to leave the country following a visit...recommendation letters are the most useless of all, since any promises or observations made by the author have no place in a visa interview...(by law). But still, a lot of people think that some magic paper will transform a bad case into a good one or somehow fool an experienced CO....doubtful.
  13. you can send them anything you want and whatever you send will make NO positive difference on the outcome of their interview..none...zero...nada....I've lost count of the number of times anyone has told the audience that there is no such thing as sponsorship for B2 applicants, that invitation letters are worthless and no piece of paper yet devised by mankind can make a weak visa case strong...as a former CO, I can tell you that papers have no positive value during a B2 interview, that COs do not interview documents, no matter how many times they may have been notarized, and letters from anyone cannot positively influence a CO's decision, whether written by a member of Congress, an immigration attorney or the local dog catcher...B2 visa applicants qualify based on the merits of their own situation, not by invitations or promises made by interested third parties...period.
  14. Noah Lott

    I-134 for B2 Visa - Employer's Address

    there is NO such thing as sponsorship for B2 applicants....an I-134 is totally useless, legally unenforceable and not needed nor required by B2 applicants...COs do not care about YOUR job, YOUR bank account, YOUR car or house...they are only interested in the reasons an applicant has (or not) to overcome the presumption of immigrant intent....and an I-134 cannot and does not do this...ever.....a total waste of time and effort....your in-laws (and anyone else) must qualify on the strength of THEIR OWN situation, not yours....you cannot be legally 'responsible' for them nor their actions, you have NO legal authority over them and cannot make them comply with US laws or regulations
  15. Noah Lott

    Reappearing for B Visa within 3 months

    Basically you were going to work....not allowed with a B1 (except domestic employees and certain B1 in lieu of H...which this is not...and now, 'suddenly' and miraculously, your employer has decided you need 'training', but only in the US...sure....this next interview should last about 9 seconds, as the true motive of going to work is still there, just hidden by the 'training' request....I've never understood why so many employees of foreign companies always 'need' training in the US...in today's world of instant communications, having someone travel to watch a Power Point presentation is just silly...and this new request will look even more questionable than the first....
  16. Noah Lott

    Need RFE Response Advice

    Well, I would start by telling the truth ....rather than try to find or ask for shady alternatives...either you have the right degree or you don't, and the position/job is really one that requires some qualifications that you don't have or else why the RFE? Are you 'working' for some cousin's business, who then wrote a phony job description that has been identified as such by USCIS? Remember...shady= shady, no matter how you try to disguise it.
  17. Noah Lott

    Mother with US Green card entering from Canada

    the GC is expired, so air travel is out,
  18. Noah Lott

    F1 visa for second masters

    Hard to say....no doubt the CO will want to hear about your plans after studying, assuming you have applied at a good university and not some online diploma mill.
  19. Noah Lott

    Visitor Visa travel gap

    'was planning to call them back to help us out"....that is not the same as 'spending time together' following the rules means not providing child care nor 'helping out' ...it was you who used the phrase 'helping us out' which does not mean taking pictures or watching TV..it means exactly as stated....parents who are green card holders (the ones who visit on week ends) can do what they want; parents holding B2 visas are not allowed to provide child care,
  20. Noah Lott

    Visitor Visa travel gap

    "helping out" is consider work (I believe you really mean babysitting, but you believe that everyone is too naive to know this...but I promise you, the COs do and so will CBP)..and work is not allowed for B2 visa holders....when your parents show up again to 'see the sites' (which is nonsense), it is quite likely that they will (a) have their visas revoked, (b) be sent back home and (c)wont't get another one for about 5-10 years....is this really worth free child care? Why is it OK to violate our laws, in your opinion? Child care is considered work, and it does NOT matter whether or not said child care is being performed for relatives or not...if you do not believe this, then have your parents show up at a POE within a week or two and tell CBP why they are back so soon...please....try it....if you wish to be honest, that is. We both know that another 'visit' will not be for 'a couple of months' because your kids have not aged into teenagers in the last few weeks... Folks, this sort of thing, lying to COs about the true purpose of a visit as well as lying to the border folks upon arrival, is the major reason so many people have difficulty getting tourist visas
  21. Noah Lott

    Extending B2 visa

    The above statement is worth a second look...there is little tolerance for expanding the visa privilege and as I mentioned above, if lost, it will be a long long long time before they get another one...is it really worth some cheap babysitting in exchange for the loss of the visa privilege? Something to ponder.
  22. Noah Lott

    Extending B2 visa

    It depends on the reason, mere 'tourism' not being one....nor child care...and, if this is the first trip following visa issuance, it is doubtful that the visa holders told the COs they were going to camp out in the US for months and months...and if and when they (COs) find out, those visas could be cancelled and not issued again for years, since COs do not appreciate being lied to....and please, none of this phony 'mind change' stuff....no one can dramatically change realistic plans unless they planned in advance to stay far longer than they told the CO, while babysitting most of that time versus 'seeing the sites'...
  23. Noah Lott

    Can H1B guy Marrying to B1/B2 without any future affect..?

    When she applies for a B2 (You do not apply for here nor do you .bring' her)...she must answer the question on the DS 160 on back where it asked about relatives in the US and in what status...you are (apparently) her fiance, not some 'friend'...and she needs to list your current status as H1B...failure to do this could result in big problems later...she may not get the B2, so then, you can return to India,marry and have her apply for the H4...all above board, presuming you are not working as some off site consultant in some shady company..
  24. Noah Lott

    Reason for job termination in H1-B Visa interview

    well, what exactly does 'inappropriate payments' mean? Did you give too much change to a friend or relative? Did you pocket some cash? Sounds like whatever happened was a display of dishonesty
  25. Noah Lott

    Regarding Ph.D