Educational Qualification

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I have 15 years of educational background against the requirement of 16 years for applying for an H1B.I wish to understand that if i complete a One Year Diploma in the same field as my College Degree, will this be counted/qualify? Or is it necessary to have something which would specifically mention 'Masters'? A 'Post Graduation Diploma' for an year will be equally valid or not?

A diploma that requires a bach. degree for admission may help, but a Master' in your own field is better. You can also acquire three years of experience in the field of your degree. That too can qualify you.

Green Card abandonment

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My parents obtained their green card in December 2002 and came to U.S. Due to their age, they applied for I-130 and did not established 6 mo - residency until Jun - Dec 2005. Last US exit was in Dec 2005. They do not intend to abandon US residency and will come here when their health allows. Is their green card still valid - what else can be done here. Any help - most appreciated

There is no law that requires a lawful permanent resident (GC Holder) to return within 6 months. But it is certainly better to do so. In any case, you must return before 12 months. BUT, remember, if you do not maintain your permanent home in the U.S., you can lose your GC even if you step out the U.S. for a day with an intent to go live somewhere else.

Applying for NIV with a pending GC application

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I have a family-based pending GC application that is likely to be processed in 2012. Could I apply for a NIV (visitor or student) before GC application is processed? How likely is it that a NIV application may be denied due to my immigrant intent, and if it is denied, what repercussions could that have for my GC application and beyond?

It is possible, but the grant is unlikely. Read my blog, including this: http://forums.immigration.com/blog.php?u=1&blogcategoryid=36

K visa

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If a person comes to United States with a K1 visa and the petitioner didn't marry him or her what happens to the beneficiary? Especially if the beneficiary is a victim of domestic violence and there is a minor child in between? Is there any change in the law that could benefit the victim?

Such person would be deportable unless they come under Violence Against Women Act (VAWA) or similar provisions.

EB2 from EB3 qualification

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I am currently petitioned under EB3 (for embassy interview already) but unfortunately is caught up with the retrogression. Can I apply for an EB2 visa? I have a Bachelor's degree (BSN), took up Medicine (equivalent of a master's degree in academe) and currently is a faculty/administrator in one of the top nursing schools in Manila, going on 5 years of service. I am likewise a PhD student (Major in Biology) in one of the top university also in Manila. Am I qualified for an EB2? If yes, is EB2 a family based peition? My parents live in New Jersey. Thank you.

The term "EB" means employment-based. EB-2 is available for people with post graduate degrees (by US standards) OR a 4 years bach. degree with five years of progressively responsible experience. You need to speak with your lawyers about applying for an EB-2 and transferring your priority date.

Student Visa

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I'm a H.S Senior student, I have studied all my school year in the U.S but Iam a citizen of Mexico, can I receive a student visa while in the U.S?

Not if you are in USA without status.

Travel during 90 days of OPT without Job

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My OPT started on September 16th, 2009 and I don't have job or job offer yet. But I need to travel outside the USA for 1 week. I talked to the International Adviser of my University and she told me its fine to travel no problem. I don't still feel safe. Can anybody answer whether I will be allowed to enter or not? I have other documents.

This is what ICE says:
2.O.

My mother got her green card

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My mother got her green card in dec08. She left for Asia in March08 and plans to return in Nov08. Since it will be 8 months that she will be out of USA, does she need re-entry permit?

There is some error in your facts. It appears she left in March 2009 (NOT 2008). You cannot file a reentry permit while she is outside USA. If she is outside USA for more than one year, the GC is deemed abandoned. If it is out more than 6 months, but less than 1 year, she can be asked to demonstrate that her permanent home is in USA.

H-1 denial - options

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I had applied for my H1B transfer from company A to company B. And I got query asking for last three months paystubs and Client letter. I had provided the paystubs but I didn't get the client letter. Though I got letter from primary vendor. And finally I got a denial notice. That denial is against the company B. It has three detailed reasons explaining the reason of denial.
My question is should I go back to Company A(they have not cancelled my H1B) or should I look for another employer and file for new transfer.?

It appears you had already started working for B. The denial puts you out of status. In order to go back to A, it is my view, you will need to go back to your home country, get a new H-1