americandesi
03-24 05:50 PM
I've seen many job ads asking for US citizens or GC holders only. That implies that EAD and H1B holders cannot apply. And at the same time at the end of the ad, u can see a text that says "xxx is an equal opportunity employer". Though both the statements are contradictory, companies post such ads. Not sure though if companies are allowed to have such policies. If so, why?
Pls refer the link from DOJ posted above. It clearly states that "US citizen and "green-card" (i.e., permanent resident) only policies are generally prohibited, unless required by law, regulation, or government contract"
Pls refer the link from DOJ posted above. It clearly states that "US citizen and "green-card" (i.e., permanent resident) only policies are generally prohibited, unless required by law, regulation, or government contract"
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grupak
03-27 03:18 PM
(1) CapitalOne OP example
(2) Kaiser Permanente cse_us example
(3) Chandu and BharatPremi has some examples
(4) Applied Biosystems sweet_jungle example
More?
(2) Kaiser Permanente cse_us example
(3) Chandu and BharatPremi has some examples
(4) Applied Biosystems sweet_jungle example
More?
gc_on_demand
04-01 01:21 PM
I would not trust the lawyers in any of this, because their analysis will be superficial and not even close compared to what we see here. We have around 4-5 different folks here doing some really good sound analysis, so unless it's a lawyer known to historically make accurate predictions, I wouldn't care less about their say.
Lawyer is sharing info that some of their client have got fee invoice from NVC. I have done family based application through NVC for my parents and I know you get fees invoice almost 4 months prior to your GC interview date. So lawyer is thinking that NVC is thinking to go upto Nov 2007 in case if CIS fails to act on enough cases in last months.
Lawyer is sharing info that some of their client have got fee invoice from NVC. I have done family based application through NVC for my parents and I know you get fees invoice almost 4 months prior to your GC interview date. So lawyer is thinking that NVC is thinking to go upto Nov 2007 in case if CIS fails to act on enough cases in last months.
2011 June 6, 2011 | 0 middot; Emma
axp817
09-10 12:11 PM
Got CPO email around 10.45 am today for both me and my wife. Big thanks to IV. Big thanks to Pappu, Jay, Aman, Anu ad all my wonderful IV friends. I will also continue supporting Iv and activities time to time.
Congratulations, Chandu! You've been very helpful on these forums, especially when it came to those goddamned wrongful 485 denials. So I'd like to thank you, and wish you the best for the future.
Congratulations, Chandu! You've been very helpful on these forums, especially when it came to those goddamned wrongful 485 denials. So I'd like to thank you, and wish you the best for the future.
more...
gcgreen
08-07 02:50 PM
See, that's the reason I think the lawsuit idea has issues. I suspect the lawsuit may end up making life difficult for a lot of genuine cases without actually achieving what you set out to achieve.
But I have no data one way or the other.
The question is how would you identify which jobs are genuine and which are not. In addition, the question the porting comes at I-485 stage.
So in other words there could very well be job out there and you won't know till its I-140 is approved if it is for porting reasons.
Also, a good/established company may most likely will not file a new labor and I-140 for a person because it an unncessary expenditure for them.
So guess who are the people who are most benefitted by this...
But I have no data one way or the other.
The question is how would you identify which jobs are genuine and which are not. In addition, the question the porting comes at I-485 stage.
So in other words there could very well be job out there and you won't know till its I-140 is approved if it is for porting reasons.
Also, a good/established company may most likely will not file a new labor and I-140 for a person because it an unncessary expenditure for them.
So guess who are the people who are most benefitted by this...
waitnwatch
08-21 01:00 PM
Yes. No one has bothered to go after DOS for misinterpretting the AC21 rule in allocating immigrant visa. Many people (EB2-India) raised their concern between 2003 and 2006, as DOS is not correctly following the rule and allowed the spillover to go EB3, when EB2 was in high demand particulrly from India. Even IV core did not go after DOS. As you mentioned, lawyers has no incentives. EB3 has enjoed between 2000 to 2006 (from the mercy of DOS). For example in 2006, EB2 got about 25,000 visas abot 20,000 visas (from EB2)has gone to EB3-ROW.
IV from my interpretation is about ending retrogression and increasing total visa numbers and not about reallocation of visas and spending resources on a zero sum game. This issue should have been taken up by affected individuals. I'm sure they did it though because DOS has awakened to the fact that they were not following the law.
IV from my interpretation is about ending retrogression and increasing total visa numbers and not about reallocation of visas and spending resources on a zero sum game. This issue should have been taken up by affected individuals. I'm sure they did it though because DOS has awakened to the fact that they were not following the law.
more...
Alabaman
01-05 10:16 AM
If you want to make changes in the existing law, we have to do far more than a letter campaign. In the coming months, there maybe opportunities where we can try provisions and bills as we see any progress on immigration reform initiatives. Lobbying effort for big changes will have to be huge.
The most important work we can do at this time is to increase our numbers. We must get as many high skilled immigrants on H1B, EAD, F1, J1, H4 etc visas under Immigration voice. Once we have good support, we can try to work on various projects that helps everyone. We must try to spread the word about immigrationvoice on various forums, websites, communities etc and seek everyone's participation.
Why are we not on Facebook? Or are we there??
The most important work we can do at this time is to increase our numbers. We must get as many high skilled immigrants on H1B, EAD, F1, J1, H4 etc visas under Immigration voice. Once we have good support, we can try to work on various projects that helps everyone. We must try to spread the word about immigrationvoice on various forums, websites, communities etc and seek everyone's participation.
Why are we not on Facebook? Or are we there??
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ras
08-08 10:06 AM
Good job analysing this particular issue. Appreciate ur patience in sharing with others.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
more...
shahuja
02-08 02:26 PM
I had my interview for an H1-B at N. Delhi consulate on December the 5th, 2007. The consulate officer told me it needs administrative processing and gave me a pink slip. I was also told that it may take anywhere from few days to 7-8 weeks. Today is February the 8th, 2008, and am still waiting on my visa. So if its any consolation to you stuck_here, I'm stuck here for almost 65 days now. Given that I have a PhD in Chemical Engineering, I might have fallen under the Technology Alert List, but, still, the wait time seems ridiculous. Any ideas from anyone about if there is anything I can do on my part to expedite the matters? Thanks.
hi mamit, is this yourfirst time H1B or renewal..and are you doing anything to help this situation ?? like calling what nymbers ?? and did they tell you it was TAL and were you told why the delay is ??
hi mamit, is this yourfirst time H1B or renewal..and are you doing anything to help this situation ?? like calling what nymbers ?? and did they tell you it was TAL and were you told why the delay is ??
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addsf345
11-17 02:15 PM
Good suggestion, I didn't ask about EAD, I will check next time. But I guess evantually EAD would be revoked after I485 is denied. I think H1 is a backup plan if MTR denied and till appeal is decided..
I am sending letter CIS ombudsman shortly.
well, EAD is denied when MTR is denied, makes sense. But if you see the information posted by 'desi485' in this other thread (http://immigrationvoice.org/forum/showpost.php?p=302334&postcount=17), it may remain valid till validity. This is indeed confusing though. Please ask your lawyer and share with us everyone here.
I am sending letter CIS ombudsman shortly.
well, EAD is denied when MTR is denied, makes sense. But if you see the information posted by 'desi485' in this other thread (http://immigrationvoice.org/forum/showpost.php?p=302334&postcount=17), it may remain valid till validity. This is indeed confusing though. Please ask your lawyer and share with us everyone here.
more...
gc_dream07
10-01 02:55 PM
I think if you have I-551 stamped on your passport then you do not need any other document. i-551 is as good as physical green-card. You can carry the approval notice with you. This is my opinion, do no quote on me.
Our cases were approved on Sep 21, 2010. Received approval notices on Sep 25, 2010. But did not get the Cards yet. I am planing to travel next week. So I went to local USCIS office and got the I-551 stamp on my passport. Can you guys suggest me what other documents I need to take along with me if I don't receive the cards by the time I leave. Also pls let me how long will it takes to receive the cards.
Thank you,
Srini
Our cases were approved on Sep 21, 2010. Received approval notices on Sep 25, 2010. But did not get the Cards yet. I am planing to travel next week. So I went to local USCIS office and got the I-551 stamp on my passport. Can you guys suggest me what other documents I need to take along with me if I don't receive the cards by the time I leave. Also pls let me how long will it takes to receive the cards.
Thank you,
Srini
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sanju
08-07 09:23 AM
There is another thread on the issue and some of us think that we do have a case. Initial response from a certain lawyer has been positive.
http://immigrationvoice.org/forum/showthread.php?t=20669
The affected parties (i.e. us) need to show damage in certain way and I do have some points that can be used.
Any lawyer will tell you that you have a case because he wants to make more money. Its like going to Walmart and Walmart telling you that the product does provide value for your family. You take any case to any lawyer, 99.9% lawyers will tell you that you have a case. You go with an idea that you should be the President of the country, they will tell you "Ya I can clearly see why you feel like that and I totally agree, so you may have a case there". My suggestion is, please do not waste your money if some lawyer is saying you that "you have a case". They know that is what you - the potential client, wants to hear.
Our primary point is that the spirit of law has not been upheld.
I bet this is what your lawyer told you. Do you realize how vague this term "spirit of the law" is. But, as long as you are ok to put you money in fire, who cares. Go right ahead, knock yourself, I am right behind you and best of luck, you sure need a lot of it. :p
http://immigrationvoice.org/forum/showthread.php?t=20669
The affected parties (i.e. us) need to show damage in certain way and I do have some points that can be used.
Any lawyer will tell you that you have a case because he wants to make more money. Its like going to Walmart and Walmart telling you that the product does provide value for your family. You take any case to any lawyer, 99.9% lawyers will tell you that you have a case. You go with an idea that you should be the President of the country, they will tell you "Ya I can clearly see why you feel like that and I totally agree, so you may have a case there". My suggestion is, please do not waste your money if some lawyer is saying you that "you have a case". They know that is what you - the potential client, wants to hear.
Our primary point is that the spirit of law has not been upheld.
I bet this is what your lawyer told you. Do you realize how vague this term "spirit of the law" is. But, as long as you are ok to put you money in fire, who cares. Go right ahead, knock yourself, I am right behind you and best of luck, you sure need a lot of it. :p
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agadre
06-29 06:12 PM
Nothing will happen. The dates will be retrogresses on Monday. May be we will see 'U' in Visa Bulletin. The AILA will try to pursue DOS and USICS but they will politely say "sorry for the trouble" This will lead to the law suit. Some people will submit their resignation. In the next year you will see those at some higher post somewhere.
Wow. We are living in the great country built by Immigrants were there is no value of Immigrant. For undocumented immigrants, there are senators to help them. For rich people, they have money so don't have to do anything. For middle class immigrant like you and me IV forum is there to show our frustration.
I am now seriously thinking of going back to my home country were I would be considered moron who came back from US.
Who said US is very differnet from India..:D
Wow. We are living in the great country built by Immigrants were there is no value of Immigrant. For undocumented immigrants, there are senators to help them. For rich people, they have money so don't have to do anything. For middle class immigrant like you and me IV forum is there to show our frustration.
I am now seriously thinking of going back to my home country were I would be considered moron who came back from US.
Who said US is very differnet from India..:D
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GKBest
10-11 04:04 PM
Let's give them one more month. I just hope that if they are using LIFO now (latest application received being entered into the system), they should also use LIFO in processing the cases, meaning the last case entered (probably an early July filer) will be the first one to be processed.....just a wishful thinking.
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anotherone
01-29 04:41 PM
I had already mentioned my EAD status when they had the interview. But after acceptiing it I mentioned it again in the conext of I9 form. Then they said they cant offer me emp;oyment due to my being on EAD.
This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.
Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.
regards
just anotherone of the expendable non-citizens
This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.
Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.
regards
just anotherone of the expendable non-citizens
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arkrish68
09-09 05:38 PM
I wanted to put down the various steps I undertook or have happened since my PD got current in hopes that it might help anybody...
PD: Nov 2005 EB2 @ NSC got current in August.
We were in India when my wife got a FP notice in July. Missed it completely but was lucky that the lawyer realized we were on vacation and requested a postponement of FP appointment.
The original FP appointment notice was for July 7th and we never received a second appointment notice until Aug 20th.
In the meanwhileI travelled back to USA and opened SRs, Infopass and sent emails to NSC, Opended an Ombudsman inquiry, contacted senators separately for myself and for my wife. I got GC approval on August 10th.
My wife had her FP taken on Sept 3rd and today we received CPO email for her too. Good luck to all who are waiting and I suggest do everything you can like SRs, emails, contacting senators, ombudsman inquiry, infopass appts. Not sure what worked.
My Main conern was that my AOS (principal applicant) would be stalled because my spouse (dependent) had expired FPs and we missed an appointment. Apparently this turned out not to be the case.
Thanks IV for a lot of useful information. All the best to everybody.
Can you please let me know how to initiate ombudsman inquiry.
PD: Nov 2005 EB2 @ NSC got current in August.
We were in India when my wife got a FP notice in July. Missed it completely but was lucky that the lawyer realized we were on vacation and requested a postponement of FP appointment.
The original FP appointment notice was for July 7th and we never received a second appointment notice until Aug 20th.
In the meanwhileI travelled back to USA and opened SRs, Infopass and sent emails to NSC, Opended an Ombudsman inquiry, contacted senators separately for myself and for my wife. I got GC approval on August 10th.
My wife had her FP taken on Sept 3rd and today we received CPO email for her too. Good luck to all who are waiting and I suggest do everything you can like SRs, emails, contacting senators, ombudsman inquiry, infopass appts. Not sure what worked.
My Main conern was that my AOS (principal applicant) would be stalled because my spouse (dependent) had expired FPs and we missed an appointment. Apparently this turned out not to be the case.
Thanks IV for a lot of useful information. All the best to everybody.
Can you please let me know how to initiate ombudsman inquiry.
more...
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PlainSpeak
04-04 08:04 AM
Yes, because there was no other way I could rack up 2300 minus points. I find this game as silly as it is irritating, but letting them know it doesn't work with me anymore. Yeh unka bachpana ka nishana hei.. They're just being kiddish
You are kidding right. I currently has - 20,000 points. So that would mean 20 k IV members did not like what i stated and yes that is 20 k within a week :D:D:D
You are kidding right. I currently has - 20,000 points. So that would mean 20 k IV members did not like what i stated and yes that is 20 k within a week :D:D:D
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ski_dude12
09-28 12:13 PM
What part do you want interpreted? It says in plain simple english that it is wating to be assigned to an officer.
You can take an infopass to find out if your case is pre-adjudicated, prints/name check are clear.
Hi ,
My priority date is March 26th 2006 and current for month of September.
I created a SR on 09/14 and got the following response today.
"
Service records indicate that your application is pending and waiting assignment to an officer. You will be notified when a decision has been made or if additional information is needed. If you do not receive a decision or other notice of action from us within 60 days from the date of this letter, please contact customer service to complete another service request
"
I would appreciate if someone can interpret the message.
-kanchiru
You can take an infopass to find out if your case is pre-adjudicated, prints/name check are clear.
Hi ,
My priority date is March 26th 2006 and current for month of September.
I created a SR on 09/14 and got the following response today.
"
Service records indicate that your application is pending and waiting assignment to an officer. You will be notified when a decision has been made or if additional information is needed. If you do not receive a decision or other notice of action from us within 60 days from the date of this letter, please contact customer service to complete another service request
"
I would appreciate if someone can interpret the message.
-kanchiru
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kuhelica2000
01-26 05:46 PM
The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.
-->How does a transit visa prevents someone from staying in the UK. "Transit" means you are not even getting out of the airport. People who overstay in the UK likely entered the UK on a UK visa
It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous
Yes, it matters. If we can educate our fellow members about the hassel of transit through UK, they will avoid UK if they have other options. And that will make UK rethink their policies.
It really is amazing how much hot air has been generated on this thread over a well established transit visa requirement.
The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.
The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.
It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.
-->How does a transit visa prevents someone from staying in the UK. "Transit" means you are not even getting out of the airport. People who overstay in the UK likely entered the UK on a UK visa
It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous
Yes, it matters. If we can educate our fellow members about the hassel of transit through UK, they will avoid UK if they have other options. And that will make UK rethink their policies.
It really is amazing how much hot air has been generated on this thread over a well established transit visa requirement.
The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.
The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.
It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.
pappu
01-05 10:21 AM
Why are we not on Facebook? Or are we there??
Not sure how it can help us?
Not sure how it can help us?
axyl
05-17 10:02 PM
Does it matter if I file in last week of June vs. first week of June?
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