imh1b
11-16 04:25 PM
To the original poster of this thread: Why don't you go to court first.
I am sure after few days of visa bulletin, his anger will fizzle out and all these people talking about action will disappear.
Has the lawsuit been filed yet?
Someone please post updates on the lawsuit.
I am sure after few days of visa bulletin, his anger will fizzle out and all these people talking about action will disappear.
Has the lawsuit been filed yet?
Someone please post updates on the lawsuit.
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rockstart
09-27 03:18 PM
I think this is pure ignorence on part of the reporter. Most Americans are not aware of either H1 or GC all they know is legal & Illegal immigrant. they dont understand the finer details of the system.
jkays94
07-10 02:39 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
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gc28262
04-10 11:14 AM
Time and again I am telling. EB 3 problem is due to 245(i) cases. Once 245(i) primaries are over, their dependent will come into the picture, who are waiting back home. All 245(i) cases have PD before April 2001. For time being, EB3 I or Mexico move beyond April 01 but again retrogress back to the April 01 when cases are accumulate at CP. This is the reason why EB3 I and Mexico is not moving since last many years.
If some one is not convince with me, request under FOIA
1. How many cases filed under 245(i) in India, Mexico, and ROW
2. How many cases filed under I 824 Follow to Join since 2007?
I agree with your observations except the point that it will retrogress again to 2001.
As dates have moved beyond April 2001, I don't believe there will be any more 245(i) s coming into the queue. Dependents of 245(i) applicants would have a PD of Apr 2001 or before. They already got their GCs by now. 245(i) applicants would have filed for their dependents already. If these 245(i) applicants file for relatives, they WON'T have 2001 PD.
Please correct me if I am wrong.
If some one is not convince with me, request under FOIA
1. How many cases filed under 245(i) in India, Mexico, and ROW
2. How many cases filed under I 824 Follow to Join since 2007?
I agree with your observations except the point that it will retrogress again to 2001.
As dates have moved beyond April 2001, I don't believe there will be any more 245(i) s coming into the queue. Dependents of 245(i) applicants would have a PD of Apr 2001 or before. They already got their GCs by now. 245(i) applicants would have filed for their dependents already. If these 245(i) applicants file for relatives, they WON'T have 2001 PD.
Please correct me if I am wrong.
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Jaime
09-10 12:41 PM
You are reminded often that you are a second class citizen - There is so much of this...where to start? How about renewing a driver's license? Cannot do it unless you bring your immigration papers with you, and then you are given a driver license only for the duration of your current visa extension, and that is if you're lucky, as it often just gets denied.
my2239
06-11 08:38 AM
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Thank you for creating the easy to use interface
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reddog
04-08 11:19 AM
Pending clearance on rumors, if POE called employer, it is likely that employer(s) may answer about US Citzen hiring to yes, but it is very "generic". The "generic" information my be mis using by POE either intentional or unintentional . It is better off giving heads up to company HR department about these enquiries (if they are not rumors) and brainstrom them about procedure and time lines to hire US citizen and impact on business if non immigration is not available immediately. Otherwise, employer may say yes to hire US citizen "in general".
The 'head up' part is a good suggestion. However, if this rumor has any substance, it is highly unjust. And we trying to get around these unjust practices can only make matters worse.
Tomorrow, media can pick up this story saying, the IO did call the companys HR, in the middle of the night and the HR said it needed the H1B guy, whose papers were filed on a job requirement 2 years back. And some poiclitical nut on a news channel might promote it as a 'employer-employee' nexus.
Said that, lets believe that this might have happened, where a IO could have called the company and the company could have said something adverse to the non-immigrants status. But he being deported for that? Unless there was something else involved, the matter would defintely be with some immigration lawyer in the country.
On the IV side, core has already taken an initiative on helping people facing these unjust difficulties (extremely appreciable task).
Core should make it a permanent red-lettered sticky on the front page for people in a EB based immigration limbo to seek help.
The 'head up' part is a good suggestion. However, if this rumor has any substance, it is highly unjust. And we trying to get around these unjust practices can only make matters worse.
Tomorrow, media can pick up this story saying, the IO did call the companys HR, in the middle of the night and the HR said it needed the H1B guy, whose papers were filed on a job requirement 2 years back. And some poiclitical nut on a news channel might promote it as a 'employer-employee' nexus.
Said that, lets believe that this might have happened, where a IO could have called the company and the company could have said something adverse to the non-immigrants status. But he being deported for that? Unless there was something else involved, the matter would defintely be with some immigration lawyer in the country.
On the IV side, core has already taken an initiative on helping people facing these unjust difficulties (extremely appreciable task).
Core should make it a permanent red-lettered sticky on the front page for people in a EB based immigration limbo to seek help.
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sanju
06-13 12:03 PM
I think Administrator should put a stop this IDIOT. Every now and then some arrogant idiot shows up from somewhere, and tries to hijack the forum for that day. This guy polky doesn't care if people on this forum are all LEGALS. This maniac is brainwashed and should be banned immediately. Otherwise, he will waste rest of his day preaching about "ILLEGAL IMMIGRATION" even though no one on this forum is ILLEGAL.
hey polky,
will you leave yourself or do you want Administrators to ban you from this forum??? I would suggest that you take easy on yourself.
......WE ARE OPPOSED AROUND THE WORLD BY A MONOLITHIC AND RUTHLESS CONSPIRACY THAT RELIES PRIMARILY ON COVERT MEANS FOR EXPANDING ITS SPHERE OF INFLUENCE...ON INFILTRATION INSTEAD OF INVASION...ON SUBVERSION INSTEAD OF ELECTIONS...ON INTIMIDATION INSTEAD OF FREE CHOICE...IT IS A SYSTEM WHICH HAS CONSCRIPTED VAST HUMAN AND MATERIAL RESOURCES INTO THEE BUILDING OF A TIGHTLY KNIT HIGHLY EFFICIENT MACHINE THAT COMBINES MILITARY DIPLOMATIC INTELLIGENT ECONOMIC, SCIENTIFIC, AND POLITICAL OPERATIONS. ITS PREPARATIONS ARE CONCEALED NOT PUBLISHED. ITS MISTAKES ARE BURIED, NOT HEADLINED. ITS DISSENTERS ARE SILENCED. NOT PRAISED. NO EXPENDITURE IS QUESTIONED. NO SECRET IS REVEALED. THAT IS WHY THE ATHENIAN LAWMAKER SOLO DECREED IT A CRIME FOR ANY CITIZEN TO SHRINK FROM CONTROVERSY. I AM ASKING YOUR HELP IN THE TREMENDOUS TASK OF INFORMING AND ALERTING THE AMERICAN PEOPLE. CONFIDENT THAT WITH YOUR HELP MAN WILL BE WHAT HE WAS BORN TO BE...FREE AND INDEPENDENT" John F Kennedy
http://video.google.com/videoplay?docid=8450558837192717138&hl=en
hey polky,
will you leave yourself or do you want Administrators to ban you from this forum??? I would suggest that you take easy on yourself.
......WE ARE OPPOSED AROUND THE WORLD BY A MONOLITHIC AND RUTHLESS CONSPIRACY THAT RELIES PRIMARILY ON COVERT MEANS FOR EXPANDING ITS SPHERE OF INFLUENCE...ON INFILTRATION INSTEAD OF INVASION...ON SUBVERSION INSTEAD OF ELECTIONS...ON INTIMIDATION INSTEAD OF FREE CHOICE...IT IS A SYSTEM WHICH HAS CONSCRIPTED VAST HUMAN AND MATERIAL RESOURCES INTO THEE BUILDING OF A TIGHTLY KNIT HIGHLY EFFICIENT MACHINE THAT COMBINES MILITARY DIPLOMATIC INTELLIGENT ECONOMIC, SCIENTIFIC, AND POLITICAL OPERATIONS. ITS PREPARATIONS ARE CONCEALED NOT PUBLISHED. ITS MISTAKES ARE BURIED, NOT HEADLINED. ITS DISSENTERS ARE SILENCED. NOT PRAISED. NO EXPENDITURE IS QUESTIONED. NO SECRET IS REVEALED. THAT IS WHY THE ATHENIAN LAWMAKER SOLO DECREED IT A CRIME FOR ANY CITIZEN TO SHRINK FROM CONTROVERSY. I AM ASKING YOUR HELP IN THE TREMENDOUS TASK OF INFORMING AND ALERTING THE AMERICAN PEOPLE. CONFIDENT THAT WITH YOUR HELP MAN WILL BE WHAT HE WAS BORN TO BE...FREE AND INDEPENDENT" John F Kennedy
http://video.google.com/videoplay?docid=8450558837192717138&hl=en
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venky321
08-22 09:36 AM
Seriously, why are you giving OP such a hard time? She only came here looking for help.
I am not sure if she is illegal or not, but atleast you could have told her that politely instead of taunting her with it.
OP, just so you know, the majority of the posters here have to endure long long waits for their US green cards, greater than 10 years sometimes. Because of that they tend to become hyper sensitive when it comes to immigration matters, especially when they think someone is stepping out of line and trying to manipulate the system. Dont mean to imply at all , thats what you are doing.
Your case is too complicated and I haven't come across such a scenario; I'd suggest talking to an attorney; while it might be expensive, some attorneys might be willing to talk to you free for a few minutes, for a basic consultation. Atleast you may find out if you are legal or not.
I am not sure if she is illegal or not, but atleast you could have told her that politely instead of taunting her with it.
OP, just so you know, the majority of the posters here have to endure long long waits for their US green cards, greater than 10 years sometimes. Because of that they tend to become hyper sensitive when it comes to immigration matters, especially when they think someone is stepping out of line and trying to manipulate the system. Dont mean to imply at all , thats what you are doing.
Your case is too complicated and I haven't come across such a scenario; I'd suggest talking to an attorney; while it might be expensive, some attorneys might be willing to talk to you free for a few minutes, for a basic consultation. Atleast you may find out if you are legal or not.
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pappu
12-27 10:02 PM
http://en.wikipedia.org/wiki/United_States_Permanent_Resident_Card#Other_Immigr ation_Sites
for some reason these people delete our links whenever we put it. In the past I spent a lot of time to go on each of these diff pages related to immigration, greencard, indian americans , chineese americans etc and inserted IV links in their content as well as external links but everytime the editors have deleted them. Dont know why? maybe I dont know much about wikipedia and how it works.
thanks for the initiative, go_gc_way. and thanks to all those that helped in this effort. Pls. continue to help spread the message on various sites.
for some reason these people delete our links whenever we put it. In the past I spent a lot of time to go on each of these diff pages related to immigration, greencard, indian americans , chineese americans etc and inserted IV links in their content as well as external links but everytime the editors have deleted them. Dont know why? maybe I dont know much about wikipedia and how it works.
thanks for the initiative, go_gc_way. and thanks to all those that helped in this effort. Pls. continue to help spread the message on various sites.
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GCard_Dream
12-13 11:46 AM
I should have known this. The procedure is right on the IV home page. Does anyone know when the next conference call is?
How to submit your questions:
Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Email with Subject Line saying : Seeking Legal Opinion.
Email Address: legal_advise@immigrationvoice.org
Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.
How to submit your questions:
Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Email with Subject Line saying : Seeking Legal Opinion.
Email Address: legal_advise@immigrationvoice.org
Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.
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desi3933
02-03 07:15 AM
Here is the text under the attachment section
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.
____________________
Not a legal advice.
US Citizen of Indian Origin
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.
____________________
Not a legal advice.
US Citizen of Indian Origin
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guy03062
11-11 07:49 PM
This is great find. I am not sure why IV leadership (as an advocacy group) is not pursuing this to USCIS leadership as they are in touch with them regularly for other issues. Are we missing something here?
Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
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webm
09-26 10:12 AM
I sent a message to editor!!!
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mbawa2574
02-28 12:54 PM
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
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
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rongch60
07-13 03:56 PM
All the data shows that we have 20K EB2 I/C with PD before 6/1/2006, and it is comparable with the unused 20K quota from EB1 and EB2-ROW. As stated by Openhemer, the 2 year jump is due to the spillover of 20K to EB2 instead of EB3-ROW and there will NOT be any significant retrogression in Oct. However, a petition is being organized in this forum to stopping this spillover. Only if the petition succeed, we will see EB2 date goes back to 2004.
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eb3India
06-12 03:12 PM
why should anyone now listen to Bush, he just a lameduck at this point and don't bring his war funding victory, they just did'nt have any other choice but support brave soldiers and Bush know that
My point is CIR starts and ends with illegal immigration our reforms are just a sideeffect which may or may not happen.
what we need is a new stratergy which address our issues again I repeat our issue only, which means no H1B increase, just a system reform which ends retrogession.
for which we don't need any law change, we need someone to held accountable for USCIS wasting as many as 40K visas, Everyone in this country is accountable and letz use it
My point is CIR starts and ends with illegal immigration our reforms are just a sideeffect which may or may not happen.
what we need is a new stratergy which address our issues again I repeat our issue only, which means no H1B increase, just a system reform which ends retrogession.
for which we don't need any law change, we need someone to held accountable for USCIS wasting as many as 40K visas, Everyone in this country is accountable and letz use it
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chanduv23
12-27 04:36 AM
I liked NW/KLM too. Absolutely no hassles. I hear that NY-Dubai non-stop flight through Emirates is also good, though it is slightly expensive.
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
Thnx for the info. I am travelling JFK - Dubai - Chennai tomorrow in the NY - Dubai non stop. I did apply for a transit visa because I may step out of the airport, but as such, I was told, if I am not stepping out of the airport, there is no need for a transit visa.
NWA , I would say, must be used as the last resort. The flight is lousy and the staff is bad. But then no transit visa issues.
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
Thnx for the info. I am travelling JFK - Dubai - Chennai tomorrow in the NY - Dubai non stop. I did apply for a transit visa because I may step out of the airport, but as such, I was told, if I am not stepping out of the airport, there is no need for a transit visa.
NWA , I would say, must be used as the last resort. The flight is lousy and the staff is bad. But then no transit visa issues.
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Ramba
07-14 06:18 PM
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
Jaime
09-11 04:39 PM
Once for all, let's get this thing over NOW!!!
LET'S GO TO DC NOW, OR WAIT FOREVER TO BE FREE!!!!!
Well Said! The Time is NOW guys! Later will be just too late! Thing of your future and your children's future!!! Everyone to DC!!!!!!!!!!
LET'S GO TO DC NOW, OR WAIT FOREVER TO BE FREE!!!!!
Well Said! The Time is NOW guys! Later will be just too late! Thing of your future and your children's future!!! Everyone to DC!!!!!!!!!!
alex99
10-29 08:57 PM
^^^^^^^^^^^^
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