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Everything posted by Provence

  1. Provence

    H1B pending on 221g - Conversion to H4

    By law, you are eligible for a derivative H4 on the back of your spouse's valid H1b status and legal employment. However, the 221g does complicate things. Any CO would assume you'd use an approved H4 as a backdoor entry and seek to change status to H1b after admission. H4 would likely land in AP too, but the only way to find out is to apply.
  2. Provence

    visitors visa extension

    They're better off exiting the US prior to i94 expiration. Anything beyond 6 months could be construed as living in the US, something disallowed on a B2; and indepth questioning at subsequent POEs. Extension requests carry risks, with a denial leading to any combination of accrued overstays, denied future entries, or visa cancellation. Scrutiny is at an all time high. What was the reason for the request?
  3. Consular Processing in Mumbai is the only option; i485 was deemed abandoned when they left the US without AP. A b2 should not be used to AOS. Many Indian nationals exploit that shortcut, but a B2 is for short visits. IR5 visas should be the only option.
  4. Provence

    Secondary inspection

    Since when is a Domestic Violence arrest, causing bodily harm to a spouse, a petty offense? Perhaps an immigration lawyer you were advised to consult answer the CBP inspection query.
  5. Provence

    Travel outside USA, H1B visa expires 09/22/2018

    Why would the answer be any different if the question is the same as in yuor previous post a mere 3 months ago?
  6. Provence

    H1b 1st extension stamping

    No one on this or any other forum could predict what could happen during the visa process. 221Gs have become more prevalent of late, with a crackdown on fraudulent practices among Indian H1B attempts and shady US employers. Where you will end up depends, for the most part, on the strength of your verifiable documents/resume relative to the H1b job. Your response to the previous 221Gs would also be reviewed as COs make their decision.
  7. Provence

    L1B to L1A COS Premium Processing

    Highly unlikely for a 4-year inactive member to reply to a zombie thread.
  8. Provence

    H1B Inhouse Full Time RFE

    You don't submit; the company or the legal team submits. It's an employer's petition.
  9. Provence

    Automatic revalidation recently?

    Please avoid multiple posts/threads on one issue. That is considered spamming and not looked at favorably.
  10. Provence

    H4 ) to F1

    i140 approved.. whole family in the US waiting for an eventual green card; and child has no intention of being in the US? Try convincing a CO. I'd say any CO would be hard pressed to issue an F1, but never know until trying.
  11. Provence

    Visitor Visa short stay and come back in 1 month

    Could be misuse/abuse of the b2 visa, something funny going on with long US stays. Then there's this post from last year http://forum.murthy.com/topic/109711-extension-of-stay-for-visitor-visa-for-parents/?tab=comments#comment-419916
  12. Provence

    Bank accounts in USA if H-1B extension denied

    Well if the plan is to exit the US for good, makes sense to empty out and close the account.
  13. Provence

    H1B stamping denied multiple convictions

    Admin processing is open-ended, which translates to no end date. It could be weeks or months, or in rare cases, years. DUI conviction and domestic battery are significant CIMT issues. It's not outside the realm of possibilities that your visa could be denied with a bar. You could seek work in your home country India (if that's your nationality).
  14. Provence

    travel to UK with dismissed case in USA

    The US has close cooperation with certain countries, and one could assume the UK is one of them. Whether or not a shoplifting charge that you were fingerprinted for becomes an issue isn't clear. Did you disclose the arrest on your H4 and UK visa appl?
  15. Provence

    My rights at Port entry with arrest record

    CBP has the discretion to ask questions during POE inspection. Only US Citizens are guaranteed entry, but even they get questioned and have their belongings/social media searched. Anyone seeking entry is liable to be turned away if CBP finds them uncooperative and suspicious, and being evasive. Best to be truthful about your past if anything comes up at POE, as opposed to lying or staying silent which could lead to a denied entry and/or a misrep bar.
  16. Provence

    H1b 6 yrs going to complete,I-140 denied..what to do?

    Based on your previous posts, sounds like a shady employer with an incomplete/invalid i140 petition. You're better off either finding a reputable employer, or exiting the US to seek alternative opportunities.
  17. Provence

    H4 to H1 Conversion

    If the private consultant is a reputable firm with an available H1b job, they should be able to respond to the RFE; the rest should be moot.
  18. Not every American hates immigrants or non-american people. There are a vocal few who do, but a majority approves of legal processes. But most Americans do not appreciate immigrants/visa holders violating US laws with fake H1 resumes, B2 overstays, illegal use of taxpayer assistance, etc. Think of it as the current admin in India for example, which took it's win as a mandate to toughen up laws against illegal migrants. We don't see many complaints against that person or team.
  19. Provence

    Parents Visitor Visa rejection with 214(b)

    That discretion you speak of is referred to as a consular officer or a CBP officer. If merited, it's that discretion, for example, that allows a CO to approve a visa for a young, single, jobless applicant who might otherwise not have qualified for a B2. A visa is a privilege.. and there's nothing stopping an individual from traveling to India to see family.
  20. Provence

    H1B RFE, not sure about the RFE reason

    Company lawyers should be responding to the RFE.
  21. Provence

    H1B Stamping and House In USA

    Always respond to the VOs questions truthfully, regardless of it's impact on your visa. Always the truth, no lies to the US govt. H1b is in fact dual intent.
  22. Provence

    H1b Interview Question

    Reply with the truth. Is what you're doing illegal relative to the terms of your visa?