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Everything posted by xTDx

  1. xTDx

    H4 with DUI

    Yes. Carry all court related docs. Certified will be better. If you do not carry the docs the admin processing might take even longer.
  2. xTDx

    Second Inspection

    Probably CBP officer overlooked it. You may be subject to secondary inspection next time you enter US or may be not depending upon the officer.
  3. xTDx

    Abandoned wife trying to get F1 visa approved

    If your husband has abandoned you ,then you should file for divorce. Would one believe you or a document that says divorce filing is in process ? Until you are divorced or have the process going, it may be difficult to get F1 visa. He being in US on H1b with 140 approved makes things worse for you. On the topic of DS-160 and any follow up questions by consulate, you only tell them what is true. Doesn't matter however weird or ugly the truth is. Anything else will cause serious problems for your study plans in US.
  4. There is nothing you can do except wait. It is possible that consulate has sent your petition back to USCIS for review . Not to scare you but it is possible that they may take months to make a decision. Keep us posted. Execute plan B. May be change employers if you can.
  5. xTDx

    h4 221g chennai

    221g Admin Processing is a black hole. There is very less you can do beside waiting for consulate to make a decision. Contacting your local senator/s and have them send a congressional enquiry may help as an officer from consulate might have to review the case and respond to the enquiry but it may all be a futile attempt. Out of curiosity, what are your case details ? For example your education , work history , any criminal matters , primary h1b job details etc , any travel to problematic countries , common muslim names etc?
  6. xTDx

    F1 visa rejected

    Your OPT and employment in US is the reason. OPT or employment should not be the primary basis of a F1 visa. You should have consulted with an immigration attorney before you left US. You can apply again and if you ask me, you should, however, it may be denied again. Well if your only purpose is to continue work on your OPT then there is no other documentation you can provide. Not a bad idea to consulted with an immigration attorney now.
  7. xTDx

    Extending the stay while on Visitors Visa

    They should file form i539 - http://www.uscis.gov/files/form/i-539.pdf . There is no group or family application in i539. It is an individual application. Any applicable fee is for individual filing. Rest is pretty straightforward. One can only stay in US as per the dates stamped on the passport unless an extension of status application via form i539 is timely filed. Not a bad idea to consult with an immigration attorney.
  8. xTDx

    F1 was rejected and F2 got cancelled

    The only way I see at this time is to apply for F2. There are a lot of moving parts here. You yourself are on OPT and working, as said before this sets a precedent that your husband is on a similar path to immigrate to US, however lengthy it may be. This is why you must consult with immigration attorneys for guidance on your plan.
  9. No need to worry. Quite probably the admin processing is not about your masters degree as they would have asked you related questions or asked you to submit documents. There is nothing you can do beside waiting for them to make a decision. Worrying for something that is not in your control at this time is a futile exercise.
  10. That's not your job . That's your employers and their attorneys job. Unfortunately no one here will be able to tell you that simply because we do not know about the job and its details. Even if we do , we would not suggest you anything because that wrong and it is inappropriate to say the least. Looks like your employer is a consultancy company and the only suggestion to you is to stay away from such employers.
  11. She is planning to study full time, or part time? She can study part time on F2 without doing anything. If She leaves, she would have to get a F2 stamp to come back to US. If full time , she needs to be on F1 and an i120 issued for her. Also she would have to request Change of Status from F2 to F1 if present in US or she can apply for F1 from India using that i120. VIsa stamp is just for entering the US. Once you are in US, your current status and relative i94 defines your stay duration and limits. For 2, as I said before, she doesn't have F2 visa stamp so use L2 details.
  12. xTDx

    H1 Transfer during F1 Cap gap

    As said before, you can't get H1b transferred to a new employer in this case. You should consult expert immigration attorneys to get your case reviewed in depth for best strategies available to you at this time. There may(Huge maybe) be a chance to revert back to F1/OPT.
  13. xTDx

    H1B Extension / H1B Amendment

    Yes, amendments can be filed anytime and your employer can request i94 extension at the same time. This is actually the right way to do it. i.e if amendment is being filed, request extension as well to reduce cost and paperwork.
  14. xTDx

    F1 Status and perm processing

    They can. However it is very risky. F1 has no dual intent of non-immigration and immigration like H1b classification does. If you were born in one of the backlogged countries like China and India, you will have to wait for decades to get your GC in EB2/EB3 categories.And if you leave USA to visit family or friends, you will not get a F1 or Visitor visa approved for you because of immigration petitions filed on your behalf under GC process. You should get your options and case reviewed in depth by competent immigration attorneys before you take any immigration decision.
  15. xTDx

    Which state of residence to pick

    As per DHS statements : Nonimmigrant. An alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. Don't you have a family home or some family in your home country ? Your state of residence is where your permanent residence is.
  16. xTDx

    H1B - Status Question - URGENT

    The answer mostly depends upon why H1b was revoked in June 2019 ? If your H1b is revoked, you should leave asap as you may be out of status already. You should consult all this with an immigration attorney and get your case reviewed in depth. With the facts provided, you seem out of status already.
  17. If the employer is a for profit organization, the L1 to H1 COS will not work if you never had H1b status i.e counted towards the H1b Cap. (worked for an employer and got paid while maintaining H1b status in USA). Your employer can file a cap-subject petition next year.
  18. No need to urgently make any passport modifications. You can get your passport corrected when you get it renewed the next time. As long as her name is correct in her documents , it should all be okay. One is not required to update/add spouse's name in their passport immediately and it can be done at the time of renewal.
  19. xTDx

    H1b rfe regarding i94

    Your latest i94 available online(based on most recent entry) is the valid one. Work with your attorneys to respond to the RFE with latest i94 .
  20. xTDx

    h1b late application (I797 and I94 same date)

    From the facts presented you seemed to be out of status. Consult with your employer and their immigration attorneys and plan to leave asap. Search for 3 year and 10 year bars due to illegal stay in USA. That is why it is of paramount importance that the extension petitions are filed in a timely manner. Always consult immigration attorneys before you make a decision based on a forum or an internet blog.
  21. You would be better off working this out with an immigration attorney. Please consult one.
  22. NO issues. One can file multiple H4-EAD applications , especially when the previous ones are pending adjudication.
  23. Yes. And they should take an action. It is law of the land to follow all immigration laws. False paperwork if caught can , will and should revoke all immigration benefits. I would definitely care if my nanny falsified paperwork to be a nanny.
  24. xTDx

    Desi employer notice

    Consult with labor/immigration attorneys. Nobody here can review and suggest about your desi employer contract.
  25. xTDx

    Dependent(H4) Out of Status

    She should exactly do that. Add "ASAP" to your plan. It is always suggested to get your case review in depth with a competent immigration attorney for all possible strategies.