Apply for Tourist Visa before or after applying for CR1 visa?

[edman007 0]

50 minutes ago, mtempelaar said:

I'm currently experiencing a 60+% rejection rate for renewal of H1Bs for my team members, and many contracting companies didn't know how to get past new USCIS guidelines for a while (more detailed justifications, extra paperwork/RFEs), but this would be good to understand from the OP in case it's something odd that needs to be resolved.

I worked for a major tech company. It was great. H1b was rejected because USCIS thought that my education did not match my job duties. Which is kinda stupid because I had got 3 H1b visa petitions approved in last 10 years and also had an approved I- 140 (GC petition by US employer). Obviously, this new H1b petition was under new president's administration and they have made it extremely difficult for people to qualify for H1b now. Going by the logic that USCIS gave me, Sundar Pichai, CEO of Google would have never got H1b visa approved. He did not have Computer Science degree and still worked as software product manager in the begining at Google. 

 

Anyways, I am working on developing an online business right now and want to focus on my marriage. Glad I am out of H1b visa BS which is so frustrating. 

Edited January 27, 2019 by edman007

[JFH 12,189]

1 minute ago, edman007 said:

I worked for a major tech company. It was great. H1b was rejected because USCIS thought that my education did not match my job duties. Which is kinda stupid because I had got 3 H1b visa petitions approved in last 10 years and also had an approved I- 140 (GC petition by US employer). Obviously, this new H1b petition was under new president's administration and they have made it extremely difficult for people to qualify for H1b now. Going by the logic that USCIS gave me, Sundar Pichai, CEO of Google who started off as a software product manager would have never got H1b approved. 

 

Anyways, I am working on developing an online business right now and want to focus on my marriage. Glad I am out of H1b visa BS which is so frustrating. 

Make sure you don’t work in your “online business” during your visit with your wife. B-2 visas are for touristic visits only. No work whatsoever. 

[Crazy Cat 39,218]

1 minute ago, edman007 said:

Obviously, this new H1b petition was under new president's administration and they have made it extremely difficult for people to qualify for H1b now.

It won't be President's Trump's fault if your B2 visa is denied (I guess everything is Trump's fault)........Your strong ties to the US will be the issue.

[edman007 0]

Just now, JFH said:

Make sure you don’t work in your “online business” during your visit with your wife. B-2 visas are for touristic visits only. No work whatsoever. 

Yes. Good point. Thank you!

Just now, missileman said:

It won't be President's Trump's fault if your B2 visa is denied (I guess everything is Trump's fault)........Your strong ties to the US will be the issue.

I agree. It will not be his fault

[aaron2020 11,651]

2 minutes ago, missileman said:

It won't be President's Trump's fault if your B2 visa is denied (I guess everything is Trump's fault)........Your strong ties to the US will be the issue.

He wasn't talking about the denial of the B2 as Trump's fault.  He was talking about Trump changing the rules for H1-B.  Totally different matters.

[WeGuyGal 1,052]

19 minutes ago, edman007 said:

I worked for a major tech company. It was great. H1b was rejected because USCIS thought that my education did not match my job duties. Which is kinda stupid because I had got 3 H1b visa petitions approved in last 10 years and also had an approved I- 140 (GC petition by US employer). Obviously, this new H1b petition was under new president's administration and they have made it extremely difficult for people to qualify for H1b now. Going by the logic that USCIS gave me, Sundar Pichai, CEO of Google would have never got H1b visa approved. He did not have Computer Science degree and still worked as software product manager in the begining at Google. 

 

Anyways, I am working on developing an online business right now and want to focus on my marriage. Glad I am out of H1b visa BS which is so frustrating. 

It's not just one case of H1Bs being made extremely difficult. The H1B denials have to do with fraud. Plenty of genuine applicants get H1Bs approved. But there are just as many Indian nationals and desi (Indian) consultancies involved in shady practices, and USCIS is more eagle-eyed about specialty occupation, etc. 

 

Google, or any other CEO's case has nothing to do with your case. Based on my experience with H1Bs cases around my workplace, Mr Pichai did not work in an environment with as significant H1b fraud as there is now. 

[aaron2020 11,651]

Just now, WeGuyGal said:

It's not just one case of H1Bs being made extremely difficult. The H1B denials have to do with fraud. Plenty of genuine applicants get H1Bs approved. But there are just as many Indian nationals and desi (Indian) consultancies involved in shady practices, and USCIS is more eagle-eyed about specialty occupation, etc. 

 

Google, or any other CEO's case has nothing to do with your case. Based on my experience with H1Bs cases around my workplace, Mr Pichai did not work in an environment with as significant H1b fraud as there is now. 

Completely irrelevant to the OP's problem and just a derailment of this thread.  

[SalishSea 16,770]

My guess is that the CO will assume you will stay and adjust status, thereby "jumping the queue" and saving a year.  

 

Wife, car, home......why would you return to India?

[millefleur 5,035]

My husband applied for a US tourist visa when we were technically only just engaged and not even married yet. I was living in his country at the time and we had planned just for a trip to visit my parents in the US. At that time, we had zero plans to move to the US. He was denied a B2, (probably) because of his relationship with me, a USC.

 

So, basically, when you tell the CO that your wife lives in the US and is a USC, there is a huge chance of refusal. But if you've got the extra cash to spare and want to find out, just apply and see what happens. Just be realistic about your chances and prepare to go the CR-1 spousal visa route.

Edited January 28, 2019 by millefleur

[SusieQQQ 11,584]

49 minutes ago, millefleur said:

if you tell the CO that your wife lives in the US and is a USC, 

There’s no “if”, the DS160 asks questions both about spouse and about who the contact person in the US is...

 

[millefleur 5,035]

1 minute ago, SusieQQQ said:

There’s no “if”, the DS160 asks questions both about spouse and about who the contact person in the US is...

Right, sorry poor choice of words. Meant to say "when".

[WeGuyGal 1,052]

Since you're already married as of last month, suggest initiating the CR-1 asap. What's the USC spouse waiting for? 

 

You could try the b2 route as well, but having already stated going the spousal visa route through Consular Processing, no point waiting. 

[millefleur 5,035]

7 minutes ago, WeGuyGal said:

Since you're already married as of last month, suggest initiating the CR-1 asap. What's the USC spouse waiting for? 

 

You could try the b2 route as well, but having already stated going the spousal visa route through Consular Processing, no point waiting. 

I agree. If you've already made up your mind to eventually file for the CR-1, why wait and bother with a tourist visa?

[JFH 12,189]

11 hours ago, millefleur said:

I agree. If you've already made up your mind to eventually file for the CR-1, why wait and bother with a tourist visa?

Agree! Especially as the processing time doesn’t seem to be getting any shorter. Get the USC to file the petition now and you might have your visa in hand by spring 2020.

Edited January 28, 2019 by JFH

[edman007 0]

Guys, happy to report that I got the tourist visa. I now plan on flying to US and stay there for few months.  

 

However,  I got question around when to return to India from US based on the NOA2 approval timeline. It appears I will get my NOA2 approval in October. So, does that mean I should be back in India around October November to work on the subsequent CR1 requirements? I believe I will be required in India for medical appointment,  police verification and interview art US consulate only.  So, with NOA 2 approval being in October, when should I expect to be in India to work on above mentioned requirements?