Community Conference Call, June 10, 2021. Presented by: Rajiv S. Khanna (Every Other Thursday)
Nonimmigrant Visas
Discussion Topics, Thursday, June 10, 2021:
B Visa
Fraud allegations in tourist visa/ESTA entrants converting to green card
Discussing allegations of fraud and consequences when a short-term visa holder tries to convert to green card or another long-term visa from within the US.
Grace Period - Using Tourist Visa After Quitting A Job
Question details
I am here on an H-1B and I am looking at quitting my job very soon to leave the country. I am aware there is no grace period for quitting on an H-1B and I don't have a choice but to work till the last day. I do however have a tourist visa that is valid until 2016. Can I quit my job earlier and still stay a week on the account of the tourist visa to pack up and leave; or would the tourist visa have to be activated only be re-entering?
It has to be "activated." Note that under the circumstances reentry and hence "reactivation" is likely to be difficult.
B-1/B-2 Extension for Autistic Child
Our office was retained to file a B-1/B-2 extension on behalf of a 34-year old male who was diagnosed with autism and requires ongoing supervision and monitoring. He is dependent on his mother, a permanent resident of the US, who is his legal guardian and only source of care. His father is a resident of Botswana. Botswana regulations do not make provisions for a child above the age of 21 to reside in the country as a dependent. Even in the US, regulations do not consider children over the age of 21 to be dependents of their parents.
Infosys With The Largest Immigration Fine
According to "Times of India" :
B Visa Extensions
Question details
Q1.I lost my mother recently and we brought our father soon after that. I have an older brother and both of us stay here in USA. He has a medical condition - semi-paralytic. My father has a B-2 multiple entry visa; arrived here on 27th Jan 2013, I-94 expired on July 26th and visa extension applied on June 14th. How long can he stay here in US until the decision is made? Will his multiple Visa get rejected if his extension is denied?
Q2. What is recommended, he leaves immediately or waits until his extension decision comes?
A1. Normally I don’t recommend applying for extensions of tourist or business visa unless you have a very good reason for it. What happens is technically of course you can stay here while the decision is pending, but no later than the duration you have asked for in the extension application. Let’s say you asked for extension till September. You can stay here till the decision is made, but no later than September. But what happens is when you go for multiple entry visa stamping consulates do not like people getting extensions.
Bangkok’s Local Policy on Issuing B Visas
Question details
1. Describe Bangkok’s local policy on issuing B visas.
2. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudications for pregnant mothers who wish to give birth in the U.S.?
3. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudication for dependent parents?
4. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudication for domestic employees?
5. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudication for cohabitating partners of NIV (nonimmigrant visa applicant) or USC (U.S. citizen)?
1. Bangkok does not have any “policy” on evaluating B-1/B2 visa applications other than the approaches outlined in 9 FAM. Each case is treated individually and is decided based on the personal interview.
Grounds for Rejection for B and F Visa
Question details
I have done my masters in USA and stayed there for 4 years and came back to India. My visa got over on Jan 2013, and I plan to pursue my MBA in USA and went for the visa interview twice it got rejected, and now my friends and family are suggesting me to apply for B-2 visa. What should I do?
The grounds for rejection for B and F visa are usually the "immigrant intent." If indeed that is the reason for your visa rejection, I do not see any difference between B and F applications.
Exploring Other Options During H-1 Transition
Question details
As my husband's H-1 expires, we are moving back to India around August/September. I am exploring options to quit my job (also on H1) in the last 2-3 months, but since this is a short period, I'm looking for the most convenient and economical transition. Can you please advise:
- Convert to H4: What is the expense incurred and how much in advance would I have to apply for this?
- I have a tourist visa that is valid till 2016- can I take advantage of this?
- Is there a grace period after leaving a job here (giving up your H1) that I can take advantage of if I time it properly?
You will need to figure out the filing fees for Form I-539 (used for H-4). You can convert to tourist visa (status) if you leave USA and reenter using the tourist visa. To let you back in or not would be at the discretion of the CBP officer who interviews you.
Guestbook Entry for Hege Willoch, Norway
Name
Hege Willoch
Country
Norway
State
Maryland
We were very impressed with Mr. Khanna's consultation. We found him to be very thorough, knowledgeable, precise and a down to earth professional. He understood the problem quickly and advised on the matter in a non-hurried manner-which we believe is very important to any person seeking his advice. We would highly recommend him for his services. We really appriciated his warm hearted treat, and we felt that both Mrs. Lombardo and Mr. Khanna helped us a lot. Thank you !