Saturday, June 18, 2011

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  • 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.





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  • sandeep_1
    08-18 02:11 PM
    If you read through the forums, there are few suggestions.

    a) Call USCIS and submit a service request to expedite the process.
    b) Fax NSC with a request to expedite the process based on humanitarian ground.
    c) Wait.


    Called USCIS on friday and asked them to expedite since i can lose by job. current ead expires on sept 5 th and filed renewal on june 24th. I see so many cases getting approved with much later dates.
    Any sugestions on what steps to follow?
    my company won't let me work even 1 day after ead expiration





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  • Libra
    07-19 12:54 PM
    EB2/Mar 2005/I-485 delivered on july 2nd 9:01am





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  • venky08
    10-24 05:31 PM
    no-it is something else....attitude of positive expectancy... ;)

    often times i have noticed that the blissfully ignorant GC applicants come better off than rest of us- who act like chicken with the head cut off after every bad news!!! may be they dont worry too much and look at it from a whole another perspective...who knows...i wish i could be one of those, but i am too far in the game...damage is already done...:D

    Yep, It is luck nothing else...



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  • nav_kri
    02-23 03:34 PM
    Impressive to see that this thread jumped from discussing Rahman Oscar award accomplishment to terrorism.

    Anyway, Rahman has come a long way from being unknown composer in his first move 'Roja' to competing in gloabl arena of Academy Awards.

    It has to be a movie produced by American production house to compete in wide variety of categories. Competing from foreign country reduces the exposure.

    It would be wrong to say that Rahman's talent was showcased in slumdog millionaire coz he has obvioulsy done rich material even before, but this time the timing was perfect and he was at the right time in the right place. I would like to see his doing background score for good hollywood movie. The fusion would be interesting.





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  • trueguy
    08-19 07:24 PM
    Who is your local Senator?

    I am from Minnesota and senators are Norm Coleman and Amy Klobuchar. The reply I got was from Amy Klobuchar.



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  • jonty_11
    02-01 02:04 PM
    Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?

    I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.

    Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.

    If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.

    Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.

    What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
    man I so agree with Logiclife..Lets drop the paranoia





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  • saurav_4096
    06-19 10:41 AM
    See above in Blue.

    Nice information. Could you tell me what precautions I have to take now while filing my 485 if if I have intended to use AC21.

    Nothing. Just intent to work for sponsoring employer permanently. This intent can, however, change after 180 days of filing I-485 (if it is still pending). Important: This intent should not change until 180 days.
    [/COLOR]

    How does AC-21 will come into play if one files I-485 from previous employer. Previous empoyer will give letter that employment will start by the time GC is issued.
    At the time I-485 is filed, I am working with new employer. Is it mandatory to join the previous employer at least for 180 days.



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  • nashorn
    12-17 11:47 AM
    I have sold some items in eBay in the past, If I rememver correctly, when I sold something for $10 and the buyer made a paypal payment, paypal too $1.5 as fees.

    So if you are making $20, only $17 goes to IV, IF the amount is >=50 I believe the fees is much lesser (like 5%) so more money goes to IV instead of making paypal rich.
    How about check? 100% goes to IV.





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  • shimul99
    10-23 09:27 PM
    Hello ,
    We got the EB3 part but still dont know about your PD...when was your Labor Applied?

    feb 06



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  • GCplease
    10-05 03:57 PM
    are we sure that they are not talking only about H1b?

    Does following mean they are looking at Green Card as well ?

    "attract and retain high-skilled workers to contribute and excel in the U.S. economy without unnecessary delays and waiting periods?

    Unnecessary delays and waiting periods points to the Green card wait time I believe.





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  • pankaj_n
    04-20 11:52 AM
    uscis works in funny ways (as we all know). As I stated in earlier post one case in nebraska i know got rejected and they stated that the appeals decision wasn't precedent. The texas cases received rfe's but got approved based on the decision.

    Just yesterday, I received 140 denial from texas where they didn't even discuss the decision and just picked on that bachelors was three year degree.

    Same case was with me. They picked on my 3 year bachelor degree. Can i do appeal after 2 years ?



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  • desi3933
    06-25 11:27 AM
    Desi3933 - Thanks for the helpful information.

    I will talk to the employers for the next steps.

    You are welcome. Good Luck.





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  • aadimanav
    07-17 10:03 PM
    Of course, My bad! They were the next 2 on my list, I have already printed out the letter and am filling it in right now! I have already sent letters to them in a previous campaign.

    Thanks again for your due diligence!!

    Let everyone know if and when you get any response.

    Thanks,



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  • sparklinks
    07-21 10:13 PM
    Are we done Voting? If not please do it now

    Can you add 2 votes to it, my friends submitted on July 2nd.





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  • gc101
    07-19 02:34 PM
    My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance


    If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!

    gunsnkars/raj2078 or anybody,

    Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.

    Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.

    Please remember that my fiancee is already on H1-B currently in India. I am from India too.

    Thank you,
    gc101



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  • anilsal
    11-09 10:53 AM
    I think we should wait for the lame duck session to finish, to make any predictions. Because if there are any new last minute stunt on anything non-immigration, then for the next 6 months or so for the new house, they will be discussing this new stunt. Immigration will take the backseat.





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  • miguy
    06-18 03:20 PM
    Also, what forms do you need to apply for H4 extension? can you have 2 valid visas at the same time say B1/B2 and H4?





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  • ajay
    05-13 12:16 PM
    We stay in Northern Virginia around 25 miles to DC. We will be happy to host any guests who are willing to stay with us during their trip to DC.





    map_boiler
    07-06 12:54 PM
    CAdude, possibly you're the person in DENIAL mode. You are free to take the chill pill or any other pill you want (I am not seeking your advice for that purpose anyways). If you have a direct response to the point I made, feel free to respond, otherwise, please don't bother...

    All you guys in DENIAL mode. Like Home seller in todays market. take chill pill and enjoy the life (what ever left after fisaco). :)





    vpgreencard
    07-30 09:49 PM
    Please don't start these kind of useless thread



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