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Will you be able to assist on F1 visa stamping refused in…

Hi Pearl, will you...

Hi Pearl, will you be able to assist on F1 visa stamping refused in India New Delhi consulate?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I am on H1B and no pending applications with USCIS but the case which I am talking to is for my wife

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Before connecting I would like to know whether your office have dealt similar cases in past and what are your charges?

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Answered in 5 minutes by:
11/17/2017
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,856
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Why was she denied F-1 visa stamping? Has your employer filed for you to get a green card? If they have, then I am going to have bad news for you.

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Customer reply replied 9 months ago
Below is the official reason from consulate office:
214(b)
This decision can not be appealed. However You may reapply at anytime. If you choose to reapply you should be prepared to demonstrate that your circumstances have changed.
Customer reply replied 9 months ago
officer refused it under 214(b) section saying you do not intend to return back to India since your husband works there in USA.
Customer reply replied 9 months ago
My employer has not filed green card yet for me.
Customer reply replied 9 months ago
are you there? or we got disconnected?

Yes, I am here. We help multiple customers at the same time. Thank you for your patience. They basically think that she has immigrant intent. Will you be seeking a green card? And why doesn't she just apply for an H-4?

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Customer reply replied 9 months ago
she was on H4 but she wanted to study so she went to F1 route and build her experience while being with me in USA
Customer reply replied 9 months ago
my employer is planning to apply for my Green Card next year Q1

Well, you understand that she is allowed to study in the U.S. while on H-4 status?

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Customer reply replied 9 months ago
I am aware but on H4 she was not able to get practical job training in her field of study

Well, have her apply for an H-4 to be able to come back. Then when she is here in the U.S., she can try to do a change of status from H-4 to F-1, but she has to do that before your employer files an I-140 for you.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,856
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
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Guillermo Senmartin, Immigration Attorney
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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