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Provence

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Everything posted by Provence

  1. Provence

    H1B - Canada PR

    No. H4 becomes invalid as soon as the H1b gets terminated (by quitting). Moreover, doesn't Canada have residency requirements for PRs that inhibit long-term stay outside Canada?
  2. No An employer is required by law to notify USCIS that you're no longer an employee and the H1b petition's been rescinded. They have to file and pay for a new petition to hire you.
  3. Provence

    GC for Mother -Travel to India

    She ought to file/apply from India for an IR-5 visa under consular processing, not from the US while on a B2 visa. B2 visas are intended for short visits to the US followed by a return ticket home. As a US permanent resident (GC holder) she is required to make the US her home by filing US tax returns as applicable, and spending the majority of her time physically in the US.
  4. Well, US jobs are first and foremost for US citizens. If those positions cannot be filled by USCs (or LPRs), then and only then are US employers authorized to seek and employ foreign workers. Hence the hassle of going the H1 processing hoops. The current issues with H1Bs are a buildup in recent years of fraud and shady practices.. many by desi consultancies, and a desire by foreign nationals to remain in the US by any means necessary. Btw, it's not just a US thing. All countries, including India, have restrictions for foreign workers. Jobs must first be filled by local citizens.
  5. Provence

    H1 to H4 ???

    Higher potential for H4 EADs to be phased out this time around.
  6. Provence

    Overstay by 1 day of I-94 / visitor visa B2

    Sounds like it runs in the family in @kumar415 case. Parents pushing the 6-month admission or overstaying, inlaws staying past i94 couple years back. Sure, abuse the privilege, then run to forums when privilege is rescinded.
  7. Provence

    Travel and Stay in India on a US Passport

    Didn't someone apply for an OCI earlier this year?
  8. Provence

    H1B - Canada PR

    What would a visitor visa be used for? B2 requires non-immigrant intent, not possible with an approved i140.
  9. We see this come up every once in a while. Discrepancies between birth certificates and other documents. Folks often don't bother to correct discrepancies.. usually because it's a hassle, and they don't want to delay a US visa. But as soon as a green card comes into play where everything needs to be submitted, those discrepancies become obvious. Begs the question.. why wasn't the name issue fixed previously? Why the sudden concern now?
  10. Provence

    Parents B2 Visa Refused

    Let's see.. Parents saw the grandson just a month or so ago, and approaching peak business season that you say requires their daily attention. Yet they want to leave all that behind and travel to the US? Funny things happen in hyderabad consulate from what I've heard. Does make one wonder about the real reason for the trip.
  11. Provence

    RFE received during H1b Transfer

    You don't respond to a RFE. H1b issues are addressed to the employer that sponsors the petition. Their attorney responds to the RFE, that's what attorneys are paid to do by matching employee qualifications to job requirements.
  12. Provence

    Lost Passport with H4 visa

    File a police report, notify the visa-issuing embassy/consulate, and apply for a new passport.
  13. You can apply 3 years after becoming an LPR provided you continue to live in marital union to the USC spouse. Whose account is this? The husband is claimed as a USC here, but wife's a USC in another thread 2 years ago. Why the discrepancy!
  14. Provence

    Parents B2 Visa Refused

    A 214b rejection means the CO isn't convinced of their ties to their country. Sending them again isn't going to change that. Didn't they see their grandson during your India visit last month?
  15. Provence

    221G white Slip for Minor

    Admin processing takes as long as it takes. It's only been a week!
  16. Provence

    I 94 expired due to passport expiration.

    Umm.. start off by renewing her passport early next year.
  17. Your company's attorneys are best equipped to deal with RFEs. That's what they're paid to do!
  18. Provence

    Need urgent help

    Those are good questions to ask the company attorney.
  19. Provence

    H4 to B2 visa

    Anyone can apply for a b2 visa, the parents, sister. Unless there is a distinct "Separated" option for marital status, she is legally married and should chose that option if not divorced the day of ds160 submission.
  20. So you still want her in the US longer than she was allowed? That too after her having spent 5 months, then 7 more months? She's not visiting, she is living in the US and working as a babysitter, which is abuse of her b2 visa. She is lucky she didn't get deported right from the airport and visa cancelled. She should leave the US after 2 months and forget a next visit for a year or two. You can find a daycare/babysitter.
  21. Changeability is based on the principal or spouse, and based on their country of birth.
  22. I've never heard of immigration from one US domestic point to another, incl PR/VI.
  23. Provence

    RFE after H1B transfer approval!

    The employer/attorney respond to the RFE.
  24. Provence

    H1B: Extension denials

    Wait.. you have Canadian work permit but you want to work in the US?
  25. I recall a very similar question on this forum a few months ago. Perhaps a copy and paste a second time around? Forget an F2 visa. And forget trying again, guaranteed another Rs30,000 down the drain. Her promise to return to India is hollow; she'd be more likely to COS to F1/H. Wait, doesn't TCS have offices in the US?
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