saimrathi
07-19 02:19 PM
EB 2 LC Certified June 2007
Mar 2005 PD
Reached NSC on 7/2/07 at 7.33am
Filed I-140 & 485 concurrently
Checks not cashed yet.
Let us poll here only for Nebraska Service Center 02-July filers and find stats to estimate the timeline
Mar 2005 PD
Reached NSC on 7/2/07 at 7.33am
Filed I-140 & 485 concurrently
Checks not cashed yet.
Let us poll here only for Nebraska Service Center 02-July filers and find stats to estimate the timeline
wallpaper Happy Birthday
dummgelauft
03-17 11:35 AM
Call yourself a shoplifter, but you are really a petty criminal. You have yourself proved so by pleading guilty.
I am surprised that you have not been deported. It people like you who bring a bad name to the whole Indian immigrant community.
Far as I am concerned, unless you hae situation of life and death, you must not steal. The only other scenario, where theft could be pardoned is if you are out of work, have no money, have no friends who would help you, have been turned out by the local soup kitchen and the food bank, and have starving children at home and you decide to pich a loaf of brad from a store
Other than that, no excuse.
I am surprised that you have not been deported. It people like you who bring a bad name to the whole Indian immigrant community.
Far as I am concerned, unless you hae situation of life and death, you must not steal. The only other scenario, where theft could be pardoned is if you are out of work, have no money, have no friends who would help you, have been turned out by the local soup kitchen and the food bank, and have starving children at home and you decide to pich a loaf of brad from a store
Other than that, no excuse.
YesGC_NoGC
04-26 09:10 PM
I contributed $30 earlier this week, Got $15 back from PayPal, Sending this to rebate also to Immigration voice.
If all the memberscan send $30 using Paypal and we can get $15 additional even one time contribution can make difference.
Let's take advantage of Paypal offer, $30 is minimum to get $15 back.
************************************************** ************************************************** ****************
PayPal, Inc just sent you money with PayPal.
PayPal, Inc is a Verified buyer.
-----------------------------------------------------------------------
Payment Details
Amount: $15.00 USD
Transaction ID: 36XXXXXXXXXXXXX1G
Custom Note: you for participating in PayPal's Spring $15 Cash Rebate promotion. You received this $15 cash rebate after making a qualifying purchase of $30 or more. Be sure to check www.paypal.com regularly for upcoming promotions.
************************************************** ************************************************** ****************
If all the memberscan send $30 using Paypal and we can get $15 additional even one time contribution can make difference.
Let's take advantage of Paypal offer, $30 is minimum to get $15 back.
************************************************** ************************************************** ****************
PayPal, Inc just sent you money with PayPal.
PayPal, Inc is a Verified buyer.
-----------------------------------------------------------------------
Payment Details
Amount: $15.00 USD
Transaction ID: 36XXXXXXXXXXXXX1G
Custom Note: you for participating in PayPal's Spring $15 Cash Rebate promotion. You received this $15 cash rebate after making a qualifying purchase of $30 or more. Be sure to check www.paypal.com regularly for upcoming promotions.
************************************************** ************************************************** ****************
2011 Happy Birthday, Debra!
caydee
05-14 07:23 PM
Contributed $120 to date. Cheers!!
more...
njdude26
07-21 02:56 PM
In my case im here working for a canadian company with offices both in US and Canada. So Im moving to Canada in Oct to maintain my PR card. But you may ask why I need to maintain it and just not continue here filing 1 year h1s !!
costs 3k+ for the company every year !
also you never know when the rules here will change and i will get a gc or the rules may change in such a way that i will never get a gc.. so if i atleast have a canadian PR card and then may be become a canadian citizen i can come back here and work on a TN visa or whatever...
and also for now i will be maintaining my H1 atleats for another 1 1/2 years by getting paid here in the US. I will use my friends address here as my address and i will be telecommuting from Canada. i know i will have to pay US taxes + canadian taxes (additional). Anyone else doing this ?
Big reason im staying in North America is Health reasons...
costs 3k+ for the company every year !
also you never know when the rules here will change and i will get a gc or the rules may change in such a way that i will never get a gc.. so if i atleast have a canadian PR card and then may be become a canadian citizen i can come back here and work on a TN visa or whatever...
and also for now i will be maintaining my H1 atleats for another 1 1/2 years by getting paid here in the US. I will use my friends address here as my address and i will be telecommuting from Canada. i know i will have to pay US taxes + canadian taxes (additional). Anyone else doing this ?
Big reason im staying in North America is Health reasons...
rkay
06-03 10:56 AM
That is your knowledge about America....Grow up dude.
If they really promote cheerleaders other tha any probably you won't be here.
There are lot of things I understand about america. One of them is america has lot of non-senses among many sensible things.
If they really promote cheerleaders other tha any probably you won't be here.
There are lot of things I understand about america. One of them is america has lot of non-senses among many sensible things.
more...
GreeNever
03-28 11:02 AM
Great Chance! I am not sure how much of time we will be given. I agree that communication skills are of tantamount importance to the substance that we plan on putting forth. How about folks who have done our presentation earlier? We need statistics/numbers and our presentation material bears that or, we could garner more. I do not believe in short-changing any of the objectives. Priority may change but all provisions are core. As a case study then, we let an individual to present himself. That way the whole presentation is broad-based and goes as planned.
Also, please factor in that this could well turn out to be an interactive session later. (Some may be out to shoot us ;) )With the amount of superlative material already flowing across the forum and the drive within us, we are definitely upto it! Please plan on carrying a slide that lists prominent immigrants who are success stories (Kalpana Chawla !).
Is there a way we could get to see how many of us folks hold an Advanced degree? Any IITians around for the show? Let's conference around and get to the nitty-gritty details, dress code, way of formal addressing, hand-outs et al., and run the rehearsal (s) by QGA.
Also, please factor in that this could well turn out to be an interactive session later. (Some may be out to shoot us ;) )With the amount of superlative material already flowing across the forum and the drive within us, we are definitely upto it! Please plan on carrying a slide that lists prominent immigrants who are success stories (Kalpana Chawla !).
Is there a way we could get to see how many of us folks hold an Advanced degree? Any IITians around for the show? Let's conference around and get to the nitty-gritty details, dress code, way of formal addressing, hand-outs et al., and run the rehearsal (s) by QGA.
2010 Happy Birthday Jon
Legal
02-04 02:33 PM
This is still not a big deal.
Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?
Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.
So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.
Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.
If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.
Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.
Excellent points. We also have to remember that these issues could be confusing for the immigration officers too. With the current backlogs these guys are going to get more and more on the job training.
Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?
Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.
So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.
Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.
If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.
Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.
Excellent points. We also have to remember that these issues could be confusing for the immigration officers too. With the current backlogs these guys are going to get more and more on the job training.
more...
chanduv23
08-12 11:50 AM
Can you guys PM each other and talk on phone?
Macaca- your expertise is highly valuble and we need to get the ball rolling on the fact sheet ASAP - Singsa3 has committed to do this fact sheet as highest priority - with only 5 weeks to go, we need to get this out ASAP. Please talk to Singsa3 on phone so that he can get some quick points rather than scanning through news articles
Dear IVers, please help singsa3 with whatever facts you can provide that we are trying to provide to people for the DC rally.
Keep up the good work - lets keep the ball rolling
Macaca- your expertise is highly valuble and we need to get the ball rolling on the fact sheet ASAP - Singsa3 has committed to do this fact sheet as highest priority - with only 5 weeks to go, we need to get this out ASAP. Please talk to Singsa3 on phone so that he can get some quick points rather than scanning through news articles
Dear IVers, please help singsa3 with whatever facts you can provide that we are trying to provide to people for the DC rally.
Keep up the good work - lets keep the ball rolling
hair /greetings/happy-irthday
dummgelauft
02-11 12:56 PM
Use a competent attorney. Do not try to handle this yourself. I am sure that you have heard of "you get what you pay for"...
BTW, are you one of those cases with a 3 year degree + Experience, working in IT? If yes, the I can see why your I-140 was rejected. Lot of people have had this issue, but I do not know how many have successfully been able to resolve it.
JAFS, ALWAYS use grammar check.
BTW, are you one of those cases with a 3 year degree + Experience, working in IT? If yes, the I can see why your I-140 was rejected. Lot of people have had this issue, but I do not know how many have successfully been able to resolve it.
JAFS, ALWAYS use grammar check.
more...
Caliber
04-14 01:05 PM
Thank you Vadicherla and Ashish.
May God bless you.
May God bless you.
hot you a happy Birthday.
ashokred
08-04 07:42 PM
Justaju jiski thi, usko to na paya humne..
Is bahane magar dekh li duniya humne.
what a timeless masterpiece!!!
gives me goosebumps everytime i listen to this!!!
Is bahane magar dekh li duniya humne.
what a timeless masterpiece!!!
gives me goosebumps everytime i listen to this!!!
more...
house Hi5 Comments gt; Happy Birthday
amitjoey
09-26 11:48 AM
Idea of sending cds, chips, to congress has been discussed last year.
I am of the opinion that we should send helmets. (kids bike helmets).
Check this thread:
http://immigrationvoice.org/forum/showthread.php?t=1265&highlight=helmet
I suggest we initiate a campaign called "PROTECT THE BRAIN". That is protect the talent and knowledge of immigrants,
and facilitate Permanent residency for legal talented immigrants.
I agree that we should send lawmakers something big, bulky, and noticeable.
Something that sits in their offices, is personalised with different colors and notes giving the same message. I feel that books or cds can just be unattractive and not a big topic of discussion amongst the staff. (Ultimately it has to be something unusual to create curiosity and attract attention and discussion)
So we send them helmets with our degree certificates/ message from IV pasted on it.
Helmets will say "protect brains". Save the country from losing legal high tech workers.
http://www.bhsi.org/cheapies.htm
If you need helmets for a campaign, or perhaps just for a large family, we routinely see Sunday newspaper ads in our area for helmets certified to the CPSC standard for between $10 and $20. Toys 'R' Us has them every day for $8 to $25, and Target has them in the same range, starting at $7.14 and as low as $6.39 to $5.79 when on sale. Walmart has Bell brand youth, adult and toddler helmets starting at $7.14
Some local bike shops will shave their prices for a campaign to encourage more walk-in business. So you may find good helmets for your program at a local discounter or bike shop.
There are also good deals from mail order suppliers with ads in bicycle magazines or on the Internet. Since the CPSC standard became law in 1999, any helmets you buy should have the sticker inside certifying to it.
If you are seeking bids for a large order, or do not have local sources of cheap helmets, there are alternatives:
These helmets can be recycled and given away to charity or for lower income programs supporting kids.
I am of the opinion that we should send helmets. (kids bike helmets).
Check this thread:
http://immigrationvoice.org/forum/showthread.php?t=1265&highlight=helmet
I suggest we initiate a campaign called "PROTECT THE BRAIN". That is protect the talent and knowledge of immigrants,
and facilitate Permanent residency for legal talented immigrants.
I agree that we should send lawmakers something big, bulky, and noticeable.
Something that sits in their offices, is personalised with different colors and notes giving the same message. I feel that books or cds can just be unattractive and not a big topic of discussion amongst the staff. (Ultimately it has to be something unusual to create curiosity and attract attention and discussion)
So we send them helmets with our degree certificates/ message from IV pasted on it.
Helmets will say "protect brains". Save the country from losing legal high tech workers.
http://www.bhsi.org/cheapies.htm
If you need helmets for a campaign, or perhaps just for a large family, we routinely see Sunday newspaper ads in our area for helmets certified to the CPSC standard for between $10 and $20. Toys 'R' Us has them every day for $8 to $25, and Target has them in the same range, starting at $7.14 and as low as $6.39 to $5.79 when on sale. Walmart has Bell brand youth, adult and toddler helmets starting at $7.14
Some local bike shops will shave their prices for a campaign to encourage more walk-in business. So you may find good helmets for your program at a local discounter or bike shop.
There are also good deals from mail order suppliers with ads in bicycle magazines or on the Internet. Since the CPSC standard became law in 1999, any helmets you buy should have the sticker inside certifying to it.
If you are seeking bids for a large order, or do not have local sources of cheap helmets, there are alternatives:
These helmets can be recycled and given away to charity or for lower income programs supporting kids.
tattoo HAPPY HAPPY BIRTHDAY!
alterego
11-03 12:45 PM
I know this is not releated with Immigration. If you dont want to answer, that is fine. Just ignore this.
I have money crunch in US. I have accumulated huge debt in my CC. In past I have sent some money to India, but now when I ask my parents to send it here, they tell it is not possible without losing 30%. This is what they heard from my bank. Any Idea on how to get money from India from my own account to which I have sent from here.
What is the 30% for? Anyone with details on that.
I have money crunch in US. I have accumulated huge debt in my CC. In past I have sent some money to India, but now when I ask my parents to send it here, they tell it is not possible without losing 30%. This is what they heard from my bank. Any Idea on how to get money from India from my own account to which I have sent from here.
What is the 30% for? Anyone with details on that.
more...
pictures Happy Bithday to me,
EkAurAaya
05-14 05:20 PM
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
dresses Happy 30th Birthday Balloon
sunny1000
05-15 08:37 PM
Just contributed $50
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Total contributions for IV - $450
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Total contributions for IV - $450
more...
makeup March 30th! HAPPY BIRTHDAY
gunsnkars
07-18 04:13 PM
Guys who r going 2 get married after August 17th and have their PD after Dec 2006 and have atleast 2 years of H1-B period left!!Y apply 485 now and wait for atleast 3 to 4 years to apply your spouses. The way I see it you can only apply your spouse's 485 when the PD becomes current again!!Instead y not wait 3 to 4 years and apply simultaneously!!Atleast give the guys who have older PD's a break!!
girlfriend Happy 21st irthday!
memyselfandus
08-03 09:57 PM
Originally Posted by potatoeater http://immigrationvoice.org/forum/images/buttons/viewpost.gif (http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/243430-sept-visa-bulletin-predictions-3.html#post598112)
Justaju jiski thi, usko to na paya humne..
Is bahane magar dekh li duniya humne.
(Song from Umrao Jaan)
After wandering through 12 US states in past 12 years, thats what accurately sums up my quest for GC. :)
This is not an Indian site. Kindly understands sensitivities of other users of this site.
I don't understand why people take offensive about expressing thoughts that has no bearing/ insulting towards anybody. I think using his/her language gives a person a powerful tool to express the emotion in a positive way. I think it shouldn't matter, if the person doesn't have ill feeling towards anybody.
This forum is nothing but a virtual place where like minded people mingle and discuss their sorrows and excitement; if somebody uses some other language to express feeling shouldn't have negative bearing on anybody. Of course, brief explanation in English is certainly helpful.
So far IV has enough people in almost all languages who can point out the trash or curse words that alerts other members who in turn can coordinate with admins to weed out those members from community.
I think these folks are better than the members who use the wild characters to trash talk all the time.
In my experience, I have seen the poetic folks are strong motivators and most of the folks that write these beautiful stanzas are selfless workers towards the community.
In short, I think we should not veraciously criticize these gentle folks.. Be kind to them.
Justaju jiski thi, usko to na paya humne..
Is bahane magar dekh li duniya humne.
(Song from Umrao Jaan)
After wandering through 12 US states in past 12 years, thats what accurately sums up my quest for GC. :)
This is not an Indian site. Kindly understands sensitivities of other users of this site.
I don't understand why people take offensive about expressing thoughts that has no bearing/ insulting towards anybody. I think using his/her language gives a person a powerful tool to express the emotion in a positive way. I think it shouldn't matter, if the person doesn't have ill feeling towards anybody.
This forum is nothing but a virtual place where like minded people mingle and discuss their sorrows and excitement; if somebody uses some other language to express feeling shouldn't have negative bearing on anybody. Of course, brief explanation in English is certainly helpful.
So far IV has enough people in almost all languages who can point out the trash or curse words that alerts other members who in turn can coordinate with admins to weed out those members from community.
I think these folks are better than the members who use the wild characters to trash talk all the time.
In my experience, I have seen the poetic folks are strong motivators and most of the folks that write these beautiful stanzas are selfless workers towards the community.
In short, I think we should not veraciously criticize these gentle folks.. Be kind to them.
hairstyles happy birthday 30th
abhisam
09-12 01:15 AM
exactly my thought... you almost stole words from my mind :-)
if i have to return to my country because of the immigration bs, it's this country's loss and the lender's loss - not mine. I did everything that I could... like an ideal citizen would do... and after all that if they want to kick me out, well then goodbye.
Also one thought (on an unrelated note, sorry!) - I see a lot of people on the forum posting about how they finally got their GC's after 10, 12, 15 years. I am really happy for them. Having said that, its not a matter a pride that people have to wait for so long to get GC. In fact it's a matter of shame! And by the way before anyone pounces on me, I take care of all action items that IV recommends :-) I am just saying that I feel bad when people have to wait for 10-15 years for their GC. My opinion is (coming back to our discussion) - I base none of my decisions on my GC process. I bought a house, decided to take a student loan to go back to school, changed my job and hopefully if all goes well, may even take a promotion pretty soon. GC my kiss my you know what. The process will go on on the side, but it won't affect my life in anyway.
Bottom line - whateva whateva, I do what I want! (for any South Park fans here)... haha..
Sorry about blabbering! Chao!
I have just kept GC out of the equation for anything I do in my life. Buying a house was a personal choice and I could afford one - so just went ahead and did it. If I have to leave the country for good due to some immigration related bs, my lender can suck it up :D
if i have to return to my country because of the immigration bs, it's this country's loss and the lender's loss - not mine. I did everything that I could... like an ideal citizen would do... and after all that if they want to kick me out, well then goodbye.
Also one thought (on an unrelated note, sorry!) - I see a lot of people on the forum posting about how they finally got their GC's after 10, 12, 15 years. I am really happy for them. Having said that, its not a matter a pride that people have to wait for so long to get GC. In fact it's a matter of shame! And by the way before anyone pounces on me, I take care of all action items that IV recommends :-) I am just saying that I feel bad when people have to wait for 10-15 years for their GC. My opinion is (coming back to our discussion) - I base none of my decisions on my GC process. I bought a house, decided to take a student loan to go back to school, changed my job and hopefully if all goes well, may even take a promotion pretty soon. GC my kiss my you know what. The process will go on on the side, but it won't affect my life in anyway.
Bottom line - whateva whateva, I do what I want! (for any South Park fans here)... haha..
Sorry about blabbering! Chao!
I have just kept GC out of the equation for anything I do in my life. Buying a house was a personal choice and I could afford one - so just went ahead and did it. If I have to leave the country for good due to some immigration related bs, my lender can suck it up :D
meridiani.planum
10-20 08:51 PM
seems like people lost their interest in bulletin.. By the way I smell something becasue why its not released on Monday ?
that smell was just the older leftovers (Oct VB) being re-heated in the microwave and served again.
that smell was just the older leftovers (Oct VB) being re-heated in the microwave and served again.
rameshvaid
03-15 10:36 PM
[QUOTE=rameshvaid;326921]
What are you going to do with my info? run queries on state criminal record database??
or do u have access to database that IO's use??
You have to agree that either of us have the facts to prove the other is wrong. If you have, then Fed's are looking for you :D
Is not paying a traffic ticket is state or federal record? If it is state, jut get a ticket do not pay it and just for the sake of it after 2 months go to Canada or Maxioco and try to come in. This will answer your own question when you re-enter..Wake up.. some has not to fax the entire case to feds.. this just automatic.. i m sure u r in IT and know how easy it is to get the records these days.. and no i do not have any access to any systems but everything is a public record if one has any..
What are you going to do with my info? run queries on state criminal record database??
or do u have access to database that IO's use??
You have to agree that either of us have the facts to prove the other is wrong. If you have, then Fed's are looking for you :D
Is not paying a traffic ticket is state or federal record? If it is state, jut get a ticket do not pay it and just for the sake of it after 2 months go to Canada or Maxioco and try to come in. This will answer your own question when you re-enter..Wake up.. some has not to fax the entire case to feds.. this just automatic.. i m sure u r in IT and know how easy it is to get the records these days.. and no i do not have any access to any systems but everything is a public record if one has any..