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  • gc_on_demand
    09-10 03:11 PM
    If person is working for same company after MS then he/she cannot use experience for GC for same company. One of my friend got GC who was working for same company since he graduated and got GC under EB2. He had 4 years of exp after MS when he applied but could not show





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  • mallikonnet
    07-06 10:41 AM
    Jayant,

    Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.

    Once again thanks for the advice. Let me rephrase my question:

    (a) At this point can I file for PERM processing (five months left on H1)?

    (b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?

    (c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?

    At this point, I am loooking for extension of one year. Is there any way I can do this?

    Thanks a lot again,
    Savitri Bhave

    hi you waited too long to file PERM. To apply for PERM lawyer need considerable time for advertising and other stuff. I would recommend to meet a lawyer since 5 months is too short for both advertising and filing. if your PERM pending more than 365 days then you will be able to extend H1B visa. Even if you were able to file PERM there is no premium I-140 right now

    Another option is to go back to china for 1 year and then coming back again on another 6 year H1B visa term(3 years at a time)

    best thing is to consult your company lawyer

    goodluck





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  • gotgc?
    02-03 10:45 AM
    Hi All,

    I am planning to travel to India via London, UK. I am trying to see if it requires a transit Visa.

    I am on H1B/AOS status but without valid visa stamp and travelling with Advance Parole. I have checked the UK Consulate page UK Border Agency | Who is exempt from having to hold a direct airside transit visa? (http://www.ukba.homeoffice.gov.uk/travellingtotheuk/transitthroughtheuk/transitdocuments/exempt/) it mentions that Indian passport holders needs a transit visa but with following exemptions;

    one of them is a a valid Canadian Permanent Resident Card issued on or after 28th June 2002; Since I hold canadian permanent resident card, is it ok I can travel without UK transit Visa through UK? Based on this page, I thought so, but my travel agent said to double check eventhough I have a canadian permanent resident card, I am travelling to and from USA. Has any one done this before - travelled with canadian PR to/from USA through UK? Whom should I confirm with?

    Passengers exempt from the DATV requirement

    Holders of certain documents are, regardless of nationality, exempt from the requirement to hold a Direct Airside Transit Visa when transiting the UK.

    A transit passenger is not required to hold a transit visa if he holds, or a person with whom he arrives in the United Kingdom holds on his behalf:

    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country for which the visa is held;
    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country for which the visa is held to another country or territory;
    a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which they last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
    a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
    a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
    a valid common format Category D visa for entry to an EEA State;
    a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
    a diplomatic or service passport issued by the People�s Republic of China; or
    a diplomatic or official passport issued by India; or
    a diplomatic or official passport issued by Vietnam.
    Notes:

    A valid U.S. immigrant visa packet (form 155A/155B) is a valid visa for DATV exemption purposes.
    An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
    Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998; or a U.S Visa Foil endorsed, "NOT A VISA. FOIL PREPARED AT DHS REQUEST" does NOT qualify for exemption from the DAT visa requirement.
    Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (for example, a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (for example, Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.





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  • Savi
    07-07 09:47 PM
    And here is the answer (unless I haven't digged back far enough!)

    http://immigrationvoice.org/forum/showthread.php?t=5990


    BTW, I am curious as to who first proposed this idea.



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  • optimist578
    12-28 09:51 AM
    To my understanding, if a person holding EAD is allowed to change jobs, he is not really tied to any particular employer. But the job description according to the I-485 form should hold true to anything you do till it is approved.
    I am not sure if you can take a leave of absence, though. My hunch, would be 'no'. I am also in a similar situation and looking for some advice. Let me know, if you find an answer.

    Thank You.

    All the gurus on this forum,
    I have this questions and I have feeling some of you are considering doijng this;;;;

    My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
    As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
    IF my employer gives me Pesonal Leave of Abscene for one year....without pay
    can I take off for studies without impacting the GCprocess?

    Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..

    I would love to connect to anyone who is similar situation......

    PLEASE respond
    :(





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  • justin150377
    07-17 02:20 PM
    Screw Murthy !!! I have never seen him picking up any good news.

    Murthy is a she...and I would but I'm not single. ;)



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  • knowDOL
    05-26 07:32 AM
    I think we shou;d draft a Thank you webfax so all memberrs can send it.





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  • insbaby
    04-08 12:40 PM
    Its time to file for my EAD. I was wondering what option people prefer most these days. Online or Paper?
    Please vote.

    Paper is at least $150 more (lawyer fee), but saves your visit to INS office for finger printing.



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  • howzatt
    08-15 11:53 AM
    Instead of opening a new thread, I am posting my question here cause this is related to my attorney mess.

    My attorney was telling me that he filed my case with NSC on july 2nd and instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.

    Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.


    Any, suggestions.

    Check this thread, you might find some answers:
    http://immigrationvoice.org/forum/showthread.php?t=12320





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  • chanduv23
    09-14 03:31 PM
    Some song is playing now



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  • gc_dedo
    06-14 05:47 PM
    Refer this:
    Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)

    I am also not sure why the need for Consular Processing.
    Why cant CIS update existing EB3 485 to new approved EB2 140.





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  • royus77
    06-18 12:39 PM
    babu123
    When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..


    Make sure that your co-worker is the one who you reported rather than a peer .It will fetch a lot .



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  • backtoschool
    01-08 04:36 PM
    [QUOTE=mharik]Hi ,

    Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????


    ANYONE????





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  • wandmaker
    10-24 02:46 PM
    Some one left me this comment with disapproval :)

    http://immigrationvoice.org/forum/images/reputation/reputation_neg.gifone-way ticket (http://immigrationvoice.org/forum/showthread.php?p=298791#post298791)10-24-2008 10:56 AMYou donot know any thing
    http://immigrationvoice.org/forum/images/reputation/reputation_neg.gifone-way ticket (http://immigrationvoice.org/forum/showthread.php?p=298797#post298797)10-24-2008 10:15 AM.

    Whomsover it may be - I beleive, it is slow day (/ no work ) at work for you!



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  • conchshell
    07-12 02:51 PM
    RNGC, nice writeup but if (yes if) we want to take the lawsuite route, first we need to identify all those grounds on which we can file the law suite. Afterwards we need to get those grounds validated by an attorney who specializes in filing these types of law suite (not the usual immigration attorneys). Usually a law suite is considered a last resort, but there is no harm in preparing for it. Why don't you take a leadership role on this front?





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  • waitnwatch
    05-17 11:39 PM
    The original language that was in CIR would exempt from the quota STEM graduates who have worked for 3 years, under the F 4 provision. More importantly, it allows for self petitioning and adjustment of status following a $2000 fee. If this amendment passes, all that would be gone, and simply replaced with the exemption that was already in the original bill. Again I'm puzzled: why are we supporting this amendment?

    I think you are getting slightly confused here. The thing under discussion in this thread has always existed as a clause in the bill and is nothing new. The F4 is a separate provision which was struck down today. The 3 year for STEM provision still exists separate. Please have a look at the details of the bill. It should be available somewhere on this website.



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  • whiz
    11-19 06:14 PM
    Depends on a lot of factors. My Sister in law, who in 24 yrs, working in India (for less than a year) and applied for Visitors visa and got it. There could be several factors that helped her.

    1. She is coming for her sister's graduation.
    2. She went for VISA stamping with her parents. (not sure if helped but I think it did)
    3. She is non-IT and had her paychecks.
    4 Consulate?? (she went to Hyderabad consulate).

    My advice. There is luck factor. Get your documentation right and hope for the best.





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  • gcformeornot
    06-06 06:55 PM
    Job should be same or similar responsibilities and salary

    salary is not requirement. It can not be less off course. It can be equal or more than LC.
    Currently only 2 requirements
    140 Approved and 485 pending more than 180 days.
    Job should be same or similar title. Yes title only job duties do not matter.

    This is per my lawyer.





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  • tonyHK12
    12-03 05:24 PM
    A more aggressive statement (for selling) not too far from the truth...

    There are 400-500,000 waiting in EB queues. Most of them would prefer to leave the country, than wait for 10-20 (30?) years for a green card.
    Also at least 65,000 workers come in every year. We will also lose most of this every year unless GC is fixed.

    (I am not talking about those who want to stay for 2-4 years only and go back)





    aristotle
    02-08 12:46 PM
    You can say to your current employer that you want to try out something new, but if it doesn't work out you want to have the option of coming back.

    If they like you enough, they will consider it. How long to leave it active is another question. Lets say you were able to port the PD to your new I140. If the old employer then revokes the I140, are you still ok with the old PD?





    solaris27
    03-13 08:32 AM
    no its not true . I have Canada PR and to get citizenship u need to be in Canada for 3 years .

    http://www.freewebdirectoryweb.com/