Ashish Yaduka

Hi all reading my message.
I am 24 M from Bihar.I am facing a very special problem and request
you for your valuable advice.
I am M.sc in Computers and will be MCA next month. I have got work ex
of almost 4 years and very much interested in doing MBA from abroad.
My GMAT is 630 and TOEFL is 270. Last year I got admission in Case
Western Reserve Univ. Cleveland, OH, USA. The university is #42
worldwide and I also received a scholarship of US$ 12,000 from the
university. But my visa was refused even at trying twice. There were
following reasons I s'pose.
My eldest sister is sattled in USA for last 16 years and is a US
citizen. She was married there and runs perfume business with her
husband. She applied for my father's green card and he got it in 1998.
My mother also has 10 years multiple entry visa to USA. But my parents
have never stayed for more than 2-3 weeks or worked in USA. We have
family business in Bihar and Gujrat and my father manages them.
Moreover he does not have any intension to settle there.
AS I was very keen to do MBA from abroad from my early days, my dad
filed for my immigration to USA in 1998 so that I will have to pay
less fees if I go there. But the immigration for under 21 process has
also slowed down and it may take unpredictable time now. The money
that I was supposed to spend in USA on my education was from Indian
business only and I did not take any support whatsoever from my sister
in USA.
At my first visa interview I was denied saying that I have family
conections in USA and my immigration is filed.
thereafter I learnt that I cant get any visa to USA if I have
immigration petition waiting. So b4 the second interview I wrote
letters to National visa center USA and DElhi consulate for
cancellation of my immigration. But unfortunately visa officer in
Delhi did not even look at the paperes and rejected my visa. I declard
in my DS forms that my dad has green card, my sis is Us citizen and my
immig. is filed. Except the sis in US, I have 1 brother and sister in
India.
After the second rejection, I again wrote to visa authorities for
revoking the cancellation and I receieved a letter confirming the
same. So my imming petition to USA is valid now.
Now there is one more way I need your dilligent advise:
AS H1B visas are dual intent visas, my sister can file for my H1B visa
from USA for working in her perfume business as a software developer
for her. So will this H1B be granted. Moreover in what time will I be
able to convert H1B into F1 if possible or required. Nevertheless,
Will it be possible to convert this F1 into H1B again after my MBA so
that I can work. What time this Green Card affair is supposed to take
and will I get it as I am post 21 now. Please note that my immigration
petition was filed U/S below 21 years dependent.

In case if I cant get visa to USA,I consider Canada as the other
destination. But here people tell me that after having above affairs
with USA, I can never get visa to Canada also. I have not yet applied
to colleges in Canada because I have apprehension about visa to Canada
also.
Please tell me you experienced persons. that should I go for student
visa to Canada or let my sister file for my H1B?
With lots of thanks for reading such a long story. I remain
Ashish

Hnchoksi

    >Subject: student visa peculiar problem
    >From: (Ashish Yaduka)
    >Date: 12/22/03 5:38 AM Eastern Standard Time
    >Message-id: <>
    >Hi all reading my message.
    >I am 24 M from Bihar.I am facing a very special problem and request
    >you for your valuable advice.
    >I am M.sc in Computers and will be MCA next month. I have got work ex
    >of almost 4 years and very much interested in doing MBA from abroad.
    >My GMAT is 630 and TOEFL is 270. Last year I got admission in Case
    >Western Reserve Univ. Cleveland, OH, USA. The university is #42
    >worldwide and I also received a scholarship of US$ 12,000 from the
    >university. But my visa was refused even at trying twice. There were
    >following reasons I s'pose.
    >My eldest sister is sattled in USA for last 16 years and is a US
    >citizen. She was married there and runs perfume business with her
    >husband. She applied for my father's green card and he got it in 1998.

If you are or have shown immigrant intent, you stand a very good chance of
being rejected for a student visa or any other non-immigrant visa.
Unfortunately for you, you have shown in all ways possible that you are an
intending immigrant. Nothing you can do now will change the consular officer's
mind. The only thing you can do is try Canada. Your US application for
immigration will have no bearing on it. You can get your degree from a Canadian
school and then wait for the US papers to be processed.