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GandiBaat

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@MajorGrom

https://www.ndtv.com/indians-abroad/hit-by-layoffs-thousands-of-indian-it-professionals-struggle-to-stay-in-us-3715924
Adding to the miseries of Indian IT professionals is the latest decision of Google that they are pausing their Green Card processing. This is primarily because, at a time when they have fired thousands of employees, they cannot be seen arguing before the USCIS that they need a foreign IT professional as a permanent resident. Other companies are expected to follow the same.
This is why I always prefer self-petition. Never depend upon employer other than some basic documentation (experience letters, references, background check etc) when it comes to immigration. Employer's lawyers will put employer's interest first.

Self petition by DIY or by your own lawyer is always better.

Self petition options are :-
1. Canadian PR (non PNP (most of them), non Job Offer, non LMIA).
2. US GC (EB-1 A, EB-2 NIW)
 

navinball

VIP Member
Feb 26, 2018
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@MajorGrom

https://www.ndtv.com/indians-abroad/hit-by-layoffs-thousands-of-indian-it-professionals-struggle-to-stay-in-us-3715924


This is why I always prefer self-petition. Never depend upon employer other than some basic documentation (experience letters, references, background check etc) when it comes to immigration. Employer's lawyers will put employer's interest first.

Self petition by DIY or by your own lawyer is always better.

Self petition options are :-
1. Canadian PR (non PNP (most of them), non Job Offer, non LMIA).
2. US GC (EB-1 A, EB-2 NIW)
Self petition through NIW is not easy. You need to have publications and citations. Have to be on top of your field. Not everyone will qualify for it. It's 100x more easier to find a Desi consultancy who will file in eb2.
 

GandiBaat

VIP Member
Dec 23, 2014
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App. Filed.......
26th September 2021
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AOR Received.
26th September 2021
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11-01-2022
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Med's Done....
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Self petition through NIW is not easy. You need to have publications and citations. Have to be on top of your field. Not everyone will qualify for it. It's 100x more easier to find a Desi consultancy who will file in eb2.
Wrong. Totally wrong.

EB2 NIW only needs advanced degree. A good masters or 10 years of work exp is good enough depending upon the field. But EB2-NIW is not that useful for Indians because EB2 is often having a backlog of 10+ years. For non-Indian non-Chinese, its a good way.

You are confusing it with EB-1A.

EB-1A needs publiacations as that fulfill one of its 3 criteria.
Citations are not really needed (infact that was one of the learnings of Kazarian court case).

Typically: Publications, Patents that are being used by your company, being a paper reviewer on IEEE conferences is good enough. Its pretty easy to do all of this if you know what you are doing. Lastly having a good income (above 90 percentile) in your comparable cohort helps a lot too. Its one of the criteria you can use. 3 is minimum, 4 is good. I know many people who did EB1-A. I can do it too but I do not want to live in USA.
 
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navinball

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Feb 26, 2018
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Wrong. Totally wrong.

EB2 NIW only needs advanced degree. A good masters or 10 years of work exp is good enough depending upon the field. But EB2-NIW is not that useful for Indians because EB2 is often having a backlog of 10+ years. For non-Indian non-Chinese, its a good way.

You are confusing it with EB-1A.

EB-1A needs publiacations as that fulfill one of its 3 criteria.
Citations are not really needed (infact that was one of the learnings of Kazarian court case).

Typically: Publications, Patents that are being used by your company, being a paper reviewer on IEEE conferences is good enough. Its pretty easy to do all of this if you know what you are doing. Lastly having a good income (above 90 percentile) in your comparable cohort helps a lot too. I know many people who did EB1-A. I can do it too but I do not want to live in USA.
For NIW you need to show your work is of national interest to usa. It's very difficult to show that if you are in the IT field.
https://www.wegreened.com/niw/Frequently-Asked-Questions
 

RSub

Champion Member
Aug 23, 2021
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I am from India, hence bringing electronic is not in the list. Just have few things here and there home stuff and all.
So, you don’t have much I guess. Just declare roughly in BsF186 form. I literally moved a “two bedroom apartment” to Canada. So I had a hugggeee list.!!!
 
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RSub

Champion Member
Aug 23, 2021
2,106
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USA
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Visa Office......
CPC Ottawa
AOR Received.
12-11-2020
Wrong. Totally wrong.

EB2 NIW only needs advanced degree. A good masters or 10 years of work exp is good enough depending upon the field. But EB2-NIW is not that useful for Indians because EB2 is often having a backlog of 10+ years. For non-Indian non-Chinese, its a good way.

You are confusing it with EB-1A.

EB-1A needs publiacations as that fulfill one of its 3 criteria.
Citations are not really needed (infact that was one of the learnings of Kazarian court case).

Typically: Publications, Patents that are being used by your company, being a paper reviewer on IEEE conferences is good enough. Its pretty easy to do all of this if you know what you are doing. Lastly having a good income (above 90 percentile) in your comparable cohort helps a lot too. Its one of the criteria you can use. 3 is minimum, 4 is good. I know many people who did EB1-A. I can do it too but I do not want to live in USA.
EB1 A can be achieved thru a good Chinese or desi lawyer.!!!
 
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GandiBaat

VIP Member
Dec 23, 2014
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26th September 2021
Doc's Request.
Old Medical
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26th September 2021
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File Transfer...
11-01-2022
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22-02-2022
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For NIW you need to show your work is of national interest to usa. It's very difficult to show that if you are in the IT field.
Not really. From your link :

"
To be qualified for EB2 NIW (National Interest Waiver), one must first meet the requirements of the EB2 category (Second Preference Employment-Based Immigration), which can be satisfied in one of two ways:

(1) EB2 “Advanced Degree” — EB2 Advanced Degree can be satisfied by having

(a) any advanced degree beyond a baccalaureate degree (including a U.S. or foreign Ph.D., a U.S. or foreign master’s, or MD/MBBS) or
(b) by demonstrating that you have the “equivalent” to an advanced degree (namely, a baccalaureate degree plus five years of progressive work experience in your field of expertise). Although your case under EB2 Advanced Degree would generally be somewhat stronger with a Ph.D., a Ph.D. is not a strict requirement to satisfy EB2 Advanced Degree.
"

You can have an advanced degree and you will qualify for EB2-NIW. If you are Indian, it will skip PERM step but still due to backlog you will wait for long time.
 

GandiBaat

VIP Member
Dec 23, 2014
3,576
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NOC Code......
2173
App. Filed.......
26th September 2021
Doc's Request.
Old Medical
Nomination.....
None
AOR Received.
26th September 2021
IELTS Request
Sent with application
File Transfer...
11-01-2022
Med's Request
Not Applicable, Old Meds
Med's Done....
Old Medical
Interview........
Not Applicable
Passport Req..
22-02-2022
VISA ISSUED...
22-02-2022
LANDED..........
24-02-2022
EB1 A can be achieved thru a good Chinese or desi lawyer.!!!
Or you get a job in one of consultancies and get a manager position. Suck enough "C**k" and ask for a petition for GC. They will arrange for EB-1C "Senior" Manager.
 
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navinball

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Feb 26, 2018
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Not really. From your link :

"
To be qualified for EB2 NIW (National Interest Waiver), one must first meet the requirements of the EB2 category (Second Preference Employment-Based Immigration), which can be satisfied in one of two ways:

(1) EB2 “Advanced Degree” — EB2 Advanced Degree can be satisfied by having

(a) any advanced degree beyond a baccalaureate degree (including a U.S. or foreign Ph.D., a U.S. or foreign master’s, or MD/MBBS) or
(b) by demonstrating that you have the “equivalent” to an advanced degree (namely, a baccalaureate degree plus five years of progressive work experience in your field of expertise). Although your case under EB2 Advanced Degree would generally be somewhat stronger with a Ph.D., a Ph.D. is not a strict requirement to satisfy EB2 Advanced Degree.
"

You can have an advanced degree and you will qualify for EB2-NIW. If you are Indian, it will skip PERM step but still due to backlog you will wait for long time.
These are min qualifications for eb2. Much like eligibility criteria for ee. anyone above 67 is eligible but not everyone will make cut off score.
You need to have substantial merits to actually get an niw. See section A1 below

https://www.wegreened.com/niw/
 

AndyUK

Hero Member
Oct 15, 2022
358
384
How many of you have started taking French courses within the last year or so?
I started learning from from zero in April 2020 and passed my TCF in February or March 2021. To be honest, haven't done much since. Not sure if this in any way helps with your question?
 

AndyUK

Hero Member
Oct 15, 2022
358
384
Sorry for going slightly off-topic here but I'm pretty sure someone in this thread will be able to answer this question :)

Once I land as a PR, if I want to travel outside of Canada (by air) I need to have my PR card to be able to enter back or if I'm still waiting for the card I need PRTD - is this true even if I'm from visa exempt country? (I believe the answer is yes but just want to confirm)

Is getting PRTD relatively quick and easy or is it more of a last resort thing only if I MUST travel while waiting for my PR card?
 

GandiBaat

VIP Member
Dec 23, 2014
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26th September 2021
Doc's Request.
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26th September 2021
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File Transfer...
11-01-2022
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Med's Done....
Old Medical
Interview........
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22-02-2022
VISA ISSUED...
22-02-2022
LANDED..........
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Sorry for going slightly off-topic here but I'm pretty sure someone in this thread will be able to answer this question :)

Once I land as a PR, if I want to travel outside of Canada (by air) I need to have my PR card to be able to enter back or if I'm still waiting for the card I need PRTD - is this true even if I'm from visa exempt country? (I believe the answer is yes but just want to confirm)

Is getting PRTD relatively quick and easy or is it more of a last resort thing only if I MUST travel while waiting for my PR card?
The answer is rather convoluted as everything with IRCC is.

The honest answer is this : You (or rather anyone else), legally does not need PR Card to enter Canada. Primary proof of PR status is CoPR (signed after you land). Primary proof of your identity is your Passport. Rest they have on their computer to let you enter. Legally, you have a right to enter into Canada as a PR. I do not remember exactly which part of IRPA, but I can check and tell you (https://laws.justice.gc.ca/eng/acts/i-2.5/page-5.html, 27(1) ). This is true for any PR. From any country.

The problem is elsewhere. All commercial transports are supposed to check you for being able to enter Canada before they onboard you on their plane, boat, train, bus or what so ever. For a PR only document that they can reliably check is a PR Card. This is unlike say Australia where one can check if you have requisite visa to enter. Thats the problem. The only other document is PRTD.

Now, in theory, what you can do is this : From UK go to Seattle and enter Canada on foot or using a rental car(which is treated as a private vehicle, not available for public to travel.). That in theory should work. Because US will let you enter based on your Passport and Canada will let you enter based on your CoPR and Passport and possibly one more document confirming your address from what I have heard.

Personally, I have never travelled out of Canada, so all my info is second hand. If you ask me, get a PRTD. PRTD processing times are whack and you can only apply for it outside Canada AFAIK. If you are in hurry and it is a "fuck it" situation, travel to Seattle on your passport and enter from there via land border using just CoPR and your passport.

Few references :

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=064&top=10 (Notice the language of this answer. They always talk about commercial travel.)
https://immigrating-to-canada.com/residency/pr-card-renewal/can-travel-without-permanent-resident-card/
https://www.migrationlawgroup.com/post/travel-options-for-new-permanent-permanent-residents-without-permanent-resident-cards
 
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OneStepAtATime

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Jun 23, 2021
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Sorry for going slightly off-topic here but I'm pretty sure someone in this thread will be able to answer this question :)

Once I land as a PR, if I want to travel outside of Canada (by air) I need to have my PR card to be able to enter back or if I'm still waiting for the card I need PRTD - is this true even if I'm from visa exempt country? (I believe the answer is yes but just want to confirm)

Is getting PRTD relatively quick and easy or is it more of a last resort thing only if I MUST travel while waiting for my PR card?
I'm leaning towards not needing the PR card: both the card and your visa-exempt status (with a valid eTA if required) allows you to enter the country, so just one of them will do.
I don't see why becoming a Canadian PR would nullify your visa-exempt status since you remain a national of your home country.
I'm thinking you won't be able to use the PR and citizen queue at immigrations for expedited processing (if there is such a thing) without the PR card, though.
 
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