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Everything posted by Provence

  1. The processing time is the same for all F2A applicants, not just your wife. She has to wait like everyone else. Unfortunately, no other options to get a green card. You would be well served to communicate the processing wait times with your soon to be wife prior to the wedding to help her understand the process. Communications is key in any relationship.
  2. The visa process can seem a bit unfair at times, but blame those from your country who don't return home after entering the US on a b2 visa. COs can't read minds; the so-called fake candidates make it real hard for genuine applicants. The parents should wait until next year to reapply. And stay away from agents, many of whom tend to promise the moon when in fact they can't influence a b2 adjudication one iota. The b2 process is fairly straightforward for anyone with a command of basic english.
  3. Provence

    "Other names used" in i-765

    There is a Other Names Used field in the ds160. Were you truthful on that when applying for the F1?
  4. Provence

    Green Card and Extended Travel Abroad

    I'm not a lawyer A green card requires living in the US among other obligations. LPRs need to spend a majority of their time in the US, and may take short trips outside. And fyi, their new home country would be the US, irrespective of their passport. How anyone receives their green card family- or employment- based, is irrelevant. The rule applies to all LPRs equally.
  5. Provence

    H1B Work Location

    No you're not, your employer is filing a petition. Agree with the post above.
  6. Provence

    Us B1 B2 visa rejected , need help for 2nd time

    LOL, 15 days to visit all those cities? You run an investment advisory firm and claim an MBA, yet use an ethics-challenged agent to fill out the application? Sure, you can apply if you want to donate 35k rupees again. Any different answers the next time around will only raise further suspicions.
  7. Provence

    H1b Transfer after 60 day grace period

    What's wrong with his advice to have OP contact the company being transferred to? All companies participating in the H1b program are expected to have legal counsel. Besides, you did something similar by posting in a thread a year back here.
  8. Provence

    Abandoned dependent spouse

    This is a family issue in India. She could contact her inlaws or reach out to the police and/or look into 498A if she senses abandonment by the husband. Something for a lawyer. If you (OP) are in the US, you could try reaching out to the hubby to help your dear friend.
  9. Provence

    B1/B2 visa has been denied twice. Applying for the third time.

    With two denials, there is no such thing that increases their chances or decreases their chance of rejection. Their previous ds160s and interview responses are available to the CO at the next interview (all previous applicant data is stored in the System). Any different response has to be factual if there was any material change in circumstance. If still denied, they could wait to celebrate once you return to India for good after graduating in a couple of months. Hopefully you'll have lined up or working towards a job in India.
  10. Provence

    B1/B2 visa has been denied twice. Applying for the third time.

    To reiterate, there is no sponsorship for visitor visas. You can pay for them, but that's not sponsorship. An I-134 for tourist visas is not legally enforceable as it is for immigrant visas, and thus worthless. COs don't look at I-134s. Applying through travel agents, many of whom tend to be scrupulous, is a flag. The ds160 is a straightforward application. The two denials suggest the CO wasn't convinced of the applicants' ties to home. And unless something materially changed, they're looking at another denial. But, stranger things have happened.
  11. Provence

    Tourist Visa Application while H1b in progress

    You don't have to convince us.. convince a CO of your intent to exit the US on a B1/b2. What permanent job outside the US? You stated having an HNSC pending. I'm not aware of any applicant with a denied extension, a H1b in the pipeline, and a US-based spouse returning home following a B admission. You're looking at a 214b denial, but no one stops you from trying your luck.
  12. Provence

    OPT Denial !!!! What are the options for me now ?

    With a denial, suggest leaving the US asap. You cannot change status if you're not in status. Exit the US, and if you wish to return, apply for an appropriate visa at a US consulate overseas to join a US-based spouse.
  13. Advice: exit the US asap as you are out of status.
  14. No one is forcing anyone to be in the US. As someone noted in your parallel thread, it is your personal decision. You could return to Hyderabad if you're homesick; as an Indian national, and this might come as a surprise, you have permission to work in India full time without worrying about visas or priority dates.
  15. Provence

    Tourist Visa Application while H1b in progress

    So you want the CO to believe you be granted a B2 visa and you will return to your country with your belongings? Ha and ha! Client meetings eh? When in fact all you would do is COS to an H1b.
  16. Provence

    MTR for H4 to F1 I539 denial

    He leaves the US and applies for an F1 in India, as an Indian national. And assuming he applies to a non-profit, public university.
  17. Provence

    Travel to US while B2 Change of Status application is submitted

    Sorry for your loss. Your COS was void the day you exited the US. Since you're no longer in the US, there is no status to change. A b2 attempt just to stay in the US is considered frivolous, and borderline fraudulent. And unfortunately, without a job, you have no right to be in the US. You decide what you intend to do next. If you really wish to study in a decent school in the US, you could apply for an F1 visa. Getting into a decent university is a months-long process and can't be done on a whim. And without a job, you can't return to the US. Perhaps a job in India where you have permission to work without any need for a visa?
  18. Provence

    MTR for H4 to F1 I539 denial

    MTR is when either USCIS made a mistake or you forgot to include something relevant. Exiting the US invalidated the COS; MTR in this case would be is a slam dunk no-no.
  19. Provence

    Tourist Visa Application while H1b in progress

    Can apply for a tourist visa at ANY time; handled by DoS. Has nothing to do with an H1b petition; handled by USCIS. Urgency for a tourist visa comes off as fishy. Noah has a point.
  20. Provence

    F2 Visa Rejected

    214b means the CO wasn't convinced of the applicant's non-immigrant intent. She now waits for your student visa status to end and you return to your home country. 214Bs are extremely hard to overcome.
  21. If you can't find a good employer, you have no choice but to exit the US; simple as that. Stay away from such a shady excuse of an employer. And you failed to inform us about the university when asked last year.
  22. What happened to this? You are out of status. You have to be in status to change status, and you are not in status. Exit the US.
  23. Provence

    Employer asking to sign a loan document to pay for PERM (Stage 1)

    So you know what the employer is doing in ILLEGAL. Leave this company and report their fraudulent practice(s) to DoL.
  24. An I-130 under Consular Processing can be filed anytime upon eligibility, can be done while beneficiary is overseas.
  25. Provence

    H1B amendment to correct a job title.

    You can't control a denial. If the employer/attorney/HR all say an amendment is required, then that's what should be done. USCIS adjudicates the rest.