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Everything posted by Provence

  1. Provence

    I485 RFE even when my PD wasn't current

    The delay in processing and the wait times have nothing to do with nationalities. Nor is it discrimination.
  2. Provence

    DS-117 rejected, what are the options?

    Well, cheaper treatments in India. I've heard of folks 'sending' newborns/toddlers to India to be raised there because of US costs. This seems another one of those scenarios. Of course OP has to re-petition the wife, and looking at about a couple of years processing.
  3. Provence

    Medicaid and citizenship

    What does "cannot leave him alone in India" mean? As a green card holder, he presumably lives in the US. If the State deems it necessary, they could come after the AoS sponsor and bill him for for expenses incurred by the taxpayers.
  4. B2 visas do not require sponsorship. All the financial/employment stuff you sent was never looked at, wasting hours of your time. COs don't care why she wants to come to the US; they care about ties that make her exit the US. There are numerous threads on this forum that argue a 214b is very hard to overcome. She (not you) can apply as many times as she likes.
  5. This needs to be directed to your employer's Attorney who submitted the Extension documentation. Attorney would respond to the NOIR with your travel evidence, or lack thereof.
  6. All H1B workers are expected to maintain a primary residence outside the US at all times. H1/H4 are non-immigrant visas. The spike in RFEs and elevated scrutiny have a set of reasonings behind them. The spike in H1b abuse.. padded resumes, fake experiences, shady employers.. all have combined to raise USCIS' suspicions. It's just not me saying it, it's well documented in Indian newspapers where 70% of H1 visas are approved. USCIS has caught up to the abuse over the years.
  7. Provence

    F2 Visa Rejected

    214B, rather than an escape route, is in fact a section of the law all COs must refer to while adjudicating NIVs. Nothing escape routing an F2 applicant's intent when the F1 sponsor's intent is unknown. Once F1 status ends, OP can return home to Hyderabad and be reunited with spouse.
  8. Provence

    I did not update client information in I983 for STEM OPT

    You admit to lying to gain an immigration benefit.
  9. Once you leave the current employer, that employer has to inform USCIS you're no longer employed there and revoke the H1b. If you decide to return to that previous employer, they would have to refile (and repay) for a new petition.
  10. Provence

    H1B visa Divorce

    What kind of case did she file? You ought to return to India to fight the charges in an Indian court by involving either a Family lawyer or Divorce lawyer depending on the next set of steps. If she filed a 498A -type case, your passport could be impounded by the Indian Consulate in the US. The Indian Government has been cracking down on NRIs with cases pending in India.
  11. Provence

    F2 Visa Rejected

    Noah is to the point.
  12. Provence

    Travel on F1 OPT status

    What do you need help with? The lawyer's statement is quite clear, in fact emphatic, on where they stand on your travel issue. If you have a job lined up in India with no intention to come back to the US, then you're obviously free to travel.
  13. Provence

    B2 tourist visa for sister and brother in law

    Why is this a question? Those intending to travel ought to apply
  14. Provence

    F2 Visa Rejected 2 times

    Sounds like the CO isn't convinced your wife will return home following an F2 admission. Both F1 and F2 require non-immigrant intent. With no visa to enter the US, your wife has to wait it out following the denials. Once your F1 status ends, you can return to your country and be united with your wife.
  15. Provence

    F2 Visa Rejected

    Well, as your wife's visa has been rejected, she has no option other than to wait for you to return to India permanently once your F1 status ends.
  16. Provence

    Stay period for B-2 visa holder

    She should heed the CBP officer's advice and visit for a month or so and not live in the US for 4 months or so. You can be certain the CBP officer made a note of his warning in your mother's visa file. That becomes a part of her record, and future entries are liable to be curtailed or denied.
  17. Provence

    I-94 Expiry Date

    Sure they can stay as long as they want. If whatever they wanted to get done in 180 days cant be done, then 181 days it is.. provided they have no plans to visit any time soon and are willing to reapply for slim-odds visa.
  18. What do you think that means?
  19. Why haven't you applied yet? You're eligible to do so today. Green Card holders can petition a spouse by filing the i130.
  20. OP- Suggest that you avoid posting multiple duplicitous threads on a topic.
  21. Provence

    Green Card Process

    An H1b visa allows you to work in a temporary capacity for up to 6 years. Once that temporary job ends, there is no stipulation that you have to have a green card. If you can't find any suitable job, you cannot stay in the US and would have no choice but to leave the US and work in your home country. Presumably there are employment opportunities in your home country after a H1b stint in the US.
  22. Provence

    H1B RFE

    The company Attorney deals with RFEs and submits documents. They should know what needs to be sent to USCIS; it is what they're paid to do.
  23. Provence

    COE with valid H1 and premium processing

    Once you leave the current Employer, they have to inform USCIS and revoke your H1b. You have to communicate your change of employment to them. That's the law!
  24. Provence

    H1B Masters Quota Issues

    The employer holds and owns the H1b petition. If you don't like the way they do things, no one is forcing you to stick with them.