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Everything posted by Provence

  1. Employer A petition should no longer be valid. When you quit, they are required by law to inform USCIS that you no longer work with them and cancel the petition. If they want to hire you back, they should re-file, and pay for, a new petition.
  2. Your company, or their attorneys should be responding to RFEs, not you. H1b is an employer's petition and dealing with USCIS is their responsibility.
  3. Provence

    Food stamp - Green card denial/deportation

    Nothing about deportations in the original post. Nor am I aware of any otherwise legal residents and non criminals being deported for using public aid.
  4. What part of applying via Consular Processing, or B2 visa fraud did you not understand from previous posts?
  5. Provence

    Emp B - Perm process - Need help!

    Misrepresentation is never a good idea. Truth and ethics matter, irrespective of effects on a visa or US immigration benefit.
  6. Incorrect, error-laden documents have nothing to do with environment. Any document containing errors ie "the year on my birth certificate is wrong", has to be fixed to match supplemental documents. Absolutely zero to do with any type of environment. Quite simply, the Indian government insists on error-free docs, and so does the US and the world.
  7. Provence

    Apply N-600 for legally adopted child

    You'd be better served talking to a handful of qualified immigration attorneys familiar with international adoptions. This is not a DIY project. Googling and research would be a good start. Adoption is one aspect, US immigration is another.
  8. Provence

    Food stamp - Green card denial/deportation

    Try not going about spreading falsifications. No one is deporting foreigners for using public aid. The current administration has merely proposed scrutinizing past uses of govt benefits while reviewing immigration adjudications.
  9. Once married (as you are), you cannot have another marriage. A marriage has to be registered in the jurisdiction it took place in. You'd have to be present in that jurisdiction, and with evidence of of the date and location of your current marriage, have it registered with that particular municipality.
  10. Begs the question, why wasn't the error fixed immediately? The birth certificate needs to be fixed with the correct data, followed by whatever other documents that display any incorrect information. All documents submitted to USCIS, etc have to match. Also, did the previous PERM thru H1b not materialize?
  11. You don't provide anything. The employer and/or their attorneys respond to the RFE.
  12. Provence

    Specialty Occupation - RFE

    Nothing safe anymore. Everything is getting more scrutiny than ever before, can thank previous abuse, shady consultants, etc for that.
  13. Provence

    Change of Status to H1B

    If unable to procure appropriate documentation, stay back and work in India. Once established ties to your home country a few years from now, you may chose to apply for a B2 visa if you intend to visit. And then return back to India.
  14. Provence

    H1B Transfer/ Extension

    The employer is required by law to inform USCIS of an H1b termination and rescind the petition. Do not dole out advice that borders on illegality. The employer should file (and pay for) a new petition.
  15. Provence

    Steps after loosing job on H1B

    Best to leave the US if an H1b job is lost with no alternatives in the 60 day window thereafter. Attempts to COS are almost always frivolous; unless you really intend to study, which going by your posts, is not your real intent.
  16. Provence

    DS160 Employment History - Employment Gap

    As a member noted above, you must be truthful when filling up the ds160. COs have the latitude to look as far back on your visa history as they need to when making decisions. The fear of a 221g shouldn't preclude you from being truthful. The ds160 is signed under penalty of perjury.
  17. Isn't there a post about India travel plans come January? She could travel to the US on a B visa and informs the CBP officer of her plans to marry you. She then returns to India and applies for an H4 visa to reenter the US. Thus, no; no change of status in the US. Entering on a B-visa to change status is Fraud, as noted above.
  18. Provence

    Parents B2 Visa Refused

    "..All most people want is to be able to see family. " Something OP stated he has already done a month prior.
  19. Provence

    DUI and h1b extension 2018

    Decide what's more important to you.. a visa or a spouse. Most of us would choose a spouse, and go get married. The rest.. check with the US embassy that issued the F1 if your visa is still valid. Usually DUI issues could be overcome, but worse case of a denied visa, get a job in India where you have employment authorization. Also, avoid multiple posts on one topic. It's viewed as spamming.
  20. Provence

    Parents B2 Visa Refused

    COs don't merely look at the length of time 'being with family', etc. They view an applicant's credibility. We'd rather offer straightforward advice on how a CO might perceive an applicant based on the ds160 and interview, than sugarcoat it. As the saying goes, don't get in the kitchen if you can't stand the heat. No one except the applicant knows what questioning transpired at the embassy. Maybe they were asked about their previous flying experience, or they weren't. Who are we to do a CO's job. As a former CO noted above, past B2 abuses and overstays, and US laws governing NIVs authorize a CO discretion in their line of questioning.
  21. Last I checked, international students are required to maintain an intent to return as a condition of their visa/status, and expected to leave to their home country once studies conclude. A US employer may seek to employ an international student if a H1b job exists, and while those qualified are privileged to do so, the remaining ones with a desire to stay in the US end up being scooped/exploited by shady consultancies or seek "another Masters, or change to b1/b2" rather than returning home. A majority try everything not to return home. The practices they employ usually end up with RFEs, etc.
  22. Provence

    H1B stamping Canada and India

    Safe for what?
  23. Provence

    Attending a 19 week non-academic course on a B1/B2 visa

    Plus, assuming you're currently not in the US, CBP could wonder about your ties and how you'd manage 19+ weeks off from whatever you do in your home country.
  24. Provence

    Attending a 19 week non-academic course on a B1/B2 visa

    It's a legally grey area. Here are some examples of activities permitted with a visitor visa: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html Business (B-1) Consult with business associates Attend a scientific, educational, professional, or business convention or conference Settle an estate Negotiate a contract Tourism (B-2) Tourism Vacation (holiday) Visit with friends or relatives Medical treatment Participation in social events hosted by fraternal, social, or service organizations Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)
  25. Provence

    H1b Cap Gap and employee termination

    She will, unfortunately, be out of status beginning Oct 1. The company is required by law to inform USCIS that she is no longer an employee and her H1 petition would be rescinded. She should exit the US.