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  • cps060
    01-31 04:48 PM
    I am actually looking for a very simple answer : My husband whose EB-2 I-140 had been approved some time back, wants to quit his job & pursue MBA on F-1. Would the I-539 be approved in this case ? Or should he plan for H4.
    BTW , he has no plans to travel out of country so stamping is not an issue.





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  • anurakt
    12-27 02:14 PM
    INFO PROVIDED FOR UK IS INCORRECT.

    Last year my wife (who is on H4) but with a valid US visa stamp on her passport was NOT allowed to board a Continental Airlines flight at Houston airport on her way to India. She was sent home even though she had valid US visa in passport as she did not have UK Transit visa.

    We tried pour level best to convince the ppl at the flight desk but they wouldnt let her check in because of transit visa issues. So please be very careful while transiting through London. We had to pay and reroute via Paris the next day.

    I hope when you say valid visa , you are talking about non-expired visa.
    I think you should sue continental airlines...here is the infor right from the UK consulate website

    Next time take a print out....and go to airport and argue...many a times these airlines people are confused and do not know the current regulations...

    http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagen ame%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage %26cid%3D1006977149962&purpose=Transit&nationality=India&location=United+States

    Info :
    Do I Need A UK Visa


    You asked if a national of India needs a visa to pass through the UK in transit.

    Yes, you need a Direct Airside Transit (DAT) visa, unless you qualify for exemption because you hold one of the following:

    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 in respect of 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 in respect of 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 he 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 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 (e.g. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (e.g. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.

    Transiting to the Republic of Ireland
    Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.

    DATV nationals transiting to Ireland must obtain a visit visa - not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).

    All visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.

    Nationals of certain countries, which includes India - unless exempt as detailed above - must have a DAT visa to transit through the United Kingdom. The visa does not allow entry to the UK: other than to catch a connecting flight; leaving from the same airport on the same day; where you do not need to pass through immigration control to catch the flight. This is called Direct Airside Transit.

    Please read Guidance - Visitors for more information.

    Any dependants under 16 years old, included on your passport, can be included on the same form, but those older will need to fill in separate forms.

    Please make your application to Chicago, Los Angeles, or New York.

    If you are applying to our visa sections in the USA, you can now make your application and pay online though the visa4UK website.





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  • ComputeCompute
    07-22 06:39 PM
    Did Amendment 4319 not pass? So what happened?

    :confused:





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  • coopheal
    03-20 11:31 AM
    I work for a very reputed company. Lawyers filed EB3 because it was easy for them. At that time everything was current and nobody really cared about EB2/EB3.
    Don�t give me moral argument about cutting lines. If someone is qualified for EB2 and position needs EB2 qualified and person is already in process of GC with EB3, he/she has every right to move over to EB2. Don�t even try to equate this with lab subs.
    If desi company�s are misusing it then put proper review/audit for it. That doesn�t mean I cannot join an EB2 job and not switch over. You can say however loud you want � no one would listen and no one should listen to you.
    Hi Coopheal:
    With Due respects to your Seniority and Agony/ Frustration being retrogessed.

    Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..

    If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).

    So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).

    Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.

    This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.

    Thanks,



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  • pmb76
    03-18 06:47 PM
    Now for the rest of this year the EB2 queues for China and India are merged. Visa allocations will be solely based on Priority date. So for example if India has many priority dates that are before China's, India may end up getting more visa allocations. The same holds true if China has earlier priority dates than India does. That's how I inderstood it and I thought I would try to explain it to some who did not. Otherwise sorry for stating the obvious.





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  • jthomas
    06-01 10:31 PM
    I passed that CBP checkpoint twice when I went to San Diego and twice, I wasn't inspected. Both times, I have no immigration documents with me but my CA Driver's License.

    May I ask, do you happen to have out of state licence plate?

    Yes, I live in orange county, CA and used to travel to san diego every weekend. I never carried any immigration document even now in my car.



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  • ajthakur
    07-14 05:47 PM
    Should I send a AC21 letter to USCIS along with my new employment letter?
    Who is the best attorney for such cases?
    Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
    ajthakur,
    Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
    Hope this helps...I am not an attorney, but thought my few cents might help you.





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  • eilsoe
    02-27 11:34 AM
    actually my benches are just a series of boxes rotated into place and grouped =)



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  • nomi
    12-12 12:36 PM
    Hi Logiclife,

    If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.

    But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?

    I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)

    Thank you.

    I agree with you. There is not logic in any of immigration related laws. I think they should re-write all those immigration laws again and all lawmakers should be Immigrant who can understand all the pain we have coz of these immigration laws. I don`t think any law maker knows "what I-485 is"

    Once they approve the 1-140 and that`s it it shuold be all done. AOS
    (Change of Status) is all stupid and meaning less. It just money making games for all Attorneys and law makers. All attorneys supports law makers so they make laws where attorney can have maximum benefits from us. These attorneys don`t do anything either about immigration laws coz this is the only way for them to make money.





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  • gk_2000
    08-11 06:31 PM
    Again, as I mentioned, we are jumping all over the board with different ideas and opinions. This leads to no where. Someone who has good understanding of USCIS / DOS / Govt procedures should come up with an agenda and move forward from there. We'll need to work with IV leadership team too. (At this time, I don't think they are even looking into this effort, as understandably they have other goals in hand). However, we should approach them with concrete plan of action.

    Everyone is willing to Donate $$$. But for what? What are we going to spend that money on?
    We need focused efforts.

    Lets join hands and maybe the OP can take the lead in preparing the agenda / plan of action.

    What say you guys?

    Bottom line: I believe we can do! Of course, we need to procure support from multiple sources like some of the ideas mentioned by the posters CompleteAmerica, Talking to senators on Aug 15th, etc.

    Well the plan for now has to be just brain-storming. So let's compile the best ideas from here and make a list. So let's suggest our ideas and discuss the merits and de-merits of each of them

    We should have some criteria to evaluate the ideas. I propose (in order of importance):

    - Can be done with admin fix
    - Controversy. Would like path of least resistance
    - Addresses EB3 problem

    All are free to develop upon these..



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  • nojoke
    03-01 03:57 AM
    What a lovely change. Every time Obama and his press Secy opens their mouth, markets dive into red. In this country Main Street and Wall Street are in bed with each other :-)
    Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D

    Stop watching faux news.
    Bush has done tax cuts to the investor class and look where it has taken this country.





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  • sanju
    11-11 05:48 PM
    Wise words from a Senior Member!

    But people here are not ready for new ideas. They are dreaming that Obama will install a GC card printer and start printing once he sworn in.

    I presented an idea recently, as a temprory fix in these tough times. All I got was couple funny replys that has nothing to do with my plan. Also I got few red dots as a bonus.

    Many gave up hope I believe.

    Don't worry about the comments and the dots. I agree, things are going to get very tough in coming years.

    And, the work of every president in the modern history has been diagonally opposite to the expectation. Example, conservatives voted for Bush to ban abortion, stop illegal immigration, balance budget etc. On all these issues, he was a major upset to his supporters. Based on what I know (and don't know), I think that the expectations of most people from Obama administration are likely to dash against the rock. Specifically, people on immigration forums like this one, who feels being in the proximity of a miracle will soon realize the dangerously flawed situation. The apathy of this community will consume it. Live and learn....


    .



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  • kopra
    10-20 03:47 PM
    for the records....Obama also voted for the CIR which had EB reforms and he came to senate only recently in 2004

    Obama may be great...but we dont know...At least McCain has helped sponsor or vote in favor of EB bills in the past...So History on EB supports him more than Obama....





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  • f16mav
    03-18 08:35 AM
    I can donate about 30K Continental miles. Please let me know the procedure.

    Thanks,



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  • trueguy
    07-30 12:09 PM
    Add E&Y (Ernst and Young) to the list.





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  • amitpan007
    06-06 04:31 PM
    Hi bodhi_tree and amitpan007,

    Were there any LUD's on your application before the approval?

    Thanks.

    No LUDS since 20-JUL-07 for FP.



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  • Jaime
    09-14 01:06 PM
    We mean EVERYONE!!! DC is not far!!! Let's all go!!!

    What will it take to change your mind????

    If you are within 4-5 hour drive of Washington you shouldn't even be debating whether to go or not. The decision is: YES!!!!!





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  • minimalist
    04-03 09:59 PM
    tens of people who come out and attack them on why they need money all the time. But they still go ahead and do it. The reason being for every 10 who ridicule the idea, there are 20 who support it.
    I really admire the perseverance the core shows in moving forward.

    If everything seems to be tied to donations, this is because everything needs money. You know ,keeping up this website needs money. Lobbying needs a lot of money. The other day, some one pulled the info from a public website and said 500,000$ have been already spent on lobbying. I am sure more than 90% is probably contributed y less than 5% of the members. I am not one of those 5% even remotely.

    Ignore teli and Sanju. You donot need their express approval to move forward. You know why they pick on you ? Because tyou just come and expect to be welcomed as heroes for any idea you have. You need to earn those stripes, then people will follow you.
    Tak one Idea. Do something with it. YOu may not get a positive result in the end , but your effort will be appreciated and people will be more receptive to your next idea.

    o.k. ..I will first tell the issues which are preventing me from doing what you say.
    whenever we/I come with ideas - some members come up with posts to attack and kill the idea. ( teli and sanju ..).

    everything seems to be tied to donations ..but do people even think before parting with their money ?(it is their money and there is a saying for such attitude). some say donate for lobbying ... how much does that cost ? how much is needed ? no info is provided.
    say we are raising 10K every month and say lobbying requires 500 K ...5 - 8 years will go just to reach that amount (by that time, some will say lobbying needs more money ) !!!





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  • walking_dude
    11-03 11:16 AM
    We need more IV members to send FOIA request. Just 100-200 is insufficient. We need at least 1000 FOIA requests in queue to make our case.

    If you haven't, send ASAP. If you have get your friends, relatives, coworkers, neighbors etc to send the requests as well. Anyone can send it, it's not limited to 485 applicants.





    himu73
    07-03 11:31 AM
    If for a moment we say USCIS has really increased the processing rate and more people are getting green cards which we see is the case. It may signal that on Oct 1st,2007 dates will move ahead of what was the scenario in May visa bulletin.

    If we forget the mistake they did in July bulletin and see the brighter side that they process faster, we should hold back our applications now and wait for the scenario on Oct 1st 2007, which would be hopefully a give a good realistic forward movement in dates. Since receipt date is important we should not get emotional and send in the application. This is just a thought.

    Making Current in July was anyway like a lottery which denied all calculations based on pending cases.Before getting into law suits and protests which are also needed we have to take stock of all the implications and whether we really can provide 100% to these efforts.

    From the posts coming since yesterday, most of the members are agitated and it seems we fail to realize that this event itself was a miscalculation and all of us were trying to get benefit of it considering the long waits we have endured for just getting a chance to file AOS.

    We also knew that even if the applications are accepted there was no way we can get our green cards for a long time. AC21 and EAD for spouse was the main aim of many applicants.


    This is really a sad story of people who have sacrificed career prospects, faced family separation, made important decisions like marraige.

    Hope this post makes sense and we take a step back and reconsider our actions. This is not out of fear but past experience of lawsuits explained in other posts.

    Lets contribute... We have big day ahead of us..





    hopefulgc
    03-16 10:04 PM
    awesome parallel... very clear thinking.

    It's like asking Martin Luther King a few decades ago "Slavery has been there for centuries, why do you need equality now?". Your tone is exactly like that. It's just an analogy, we have definitely not suffered as much, but I am just trying to tell you that a wrong should not be prolonged, it needs to be corrected.



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