sparklinks
07-20 01:02 PM
July 2nd @ 7.55 AM
wallpaper friendship betrayal
PresidentO
04-02 01:11 PM
Gulti mentality was something that guy(malibuguy) was talking about . Thats what i meant by Gulti mentality . I just started with a simple question "WHATS THE MOTIVATION FOR CONTRIBUTION(MONEY AS WELL AS TIME) FOR PEOPLE WHO HAVEN'T APPLIED FOR GC " !! Was that offensive ? I don't need answers for specific questions. I just need to know what IV is all about ? ? BTW, i have balls to ask anything to anybody if it makes sense(immigration officer is not making rules) .
Can you enlighten us what exactly is the so called mentality? oh well dont worry. We know what it is and it is your obtuse vision of certain community. Just because he does not think being on H4 is hell and just because he asked you to look around on the forums for an answer, you utter ethnic slurs and paint a whole community as one that lacks pride?? So much for your education and your work at the world's largest SC firm. If you read the mission or goal statement for a second on IV home page, you would have figured what IV is mainly working on. On the motivation Q, sitting at home itself is a motivation. What else do you need to get out there and work for a provision that will help your family and many others to come. you guys can work on the issue and get a provision that wil help your family and other families in the future from the inability to work or else you can continue bitching and moaning about how it is a loss of self esteem, which IMO is lack of self esteem. Choice is yours
Please stop hijacking the thread with useless ethnic slurs and equating H1 with slavery. Enough I guess you got the answer to your Q from the man himself and others too.
Malibuguy post 1
I agree we should keep the momentum going and achieve 10K this month as well.
My contribution of $25 Using the Donate Now button
Malibuguy post 2
We should try and get at least $500 today to get the momentum going.
Malibuguy post 3
Zen, the point is very simple. If you believe in this organization and what it does then you will donate knowing that IV needs the money to lobby for you, me and everyone else who is part of the community.
Lobbying is a very sensitive issue and it is not always possible for the persons involved to give you daily updates. Rather disclosing too much before time can have the opposite effect with people interested in lobbying against our interest mobilizing more aggressively.
Also bills are introduced all the time and there is not always enough time to hold funding drives to lobby for and against those bills. Moreover lobbying with the congress and senate is an on going effort and will require resources anyways.
However if you feel you want to be in the thick of things and know everything that is going on, then I guess joining your state chapter and being an active member can help you get some additional info. I believe volunteering your time is a lot more useful for the community than only money and if you can do that, all the power to you. I for one try and make my contributions to help those guys who are taking the pains to do all the work which benefits all of us
Malibuguy post 4 (direct response to you)
Not sure why you would generalize all H1b holders as experiencing hell - I for one did not. Anyways if you take the time to browse the forums you will find the answer to your question.
Can you enlighten us what exactly is the so called mentality? oh well dont worry. We know what it is and it is your obtuse vision of certain community. Just because he does not think being on H4 is hell and just because he asked you to look around on the forums for an answer, you utter ethnic slurs and paint a whole community as one that lacks pride?? So much for your education and your work at the world's largest SC firm. If you read the mission or goal statement for a second on IV home page, you would have figured what IV is mainly working on. On the motivation Q, sitting at home itself is a motivation. What else do you need to get out there and work for a provision that will help your family and many others to come. you guys can work on the issue and get a provision that wil help your family and other families in the future from the inability to work or else you can continue bitching and moaning about how it is a loss of self esteem, which IMO is lack of self esteem. Choice is yours
Please stop hijacking the thread with useless ethnic slurs and equating H1 with slavery. Enough I guess you got the answer to your Q from the man himself and others too.
Malibuguy post 1
I agree we should keep the momentum going and achieve 10K this month as well.
My contribution of $25 Using the Donate Now button
Malibuguy post 2
We should try and get at least $500 today to get the momentum going.
Malibuguy post 3
Zen, the point is very simple. If you believe in this organization and what it does then you will donate knowing that IV needs the money to lobby for you, me and everyone else who is part of the community.
Lobbying is a very sensitive issue and it is not always possible for the persons involved to give you daily updates. Rather disclosing too much before time can have the opposite effect with people interested in lobbying against our interest mobilizing more aggressively.
Also bills are introduced all the time and there is not always enough time to hold funding drives to lobby for and against those bills. Moreover lobbying with the congress and senate is an on going effort and will require resources anyways.
However if you feel you want to be in the thick of things and know everything that is going on, then I guess joining your state chapter and being an active member can help you get some additional info. I believe volunteering your time is a lot more useful for the community than only money and if you can do that, all the power to you. I for one try and make my contributions to help those guys who are taking the pains to do all the work which benefits all of us
Malibuguy post 4 (direct response to you)
Not sure why you would generalize all H1b holders as experiencing hell - I for one did not. Anyways if you take the time to browse the forums you will find the answer to your question.
immi2006
06-04 01:54 AM
Folks,
Go for 485, if you are not sure of your documents. I know someone who went there and who is still waiting due to Retrogression of dates to enter USA.
It is good for someone who does not mind staying outside of USA indefinately.
This is a note for all India based applicants
Go for 485, if you are not sure of your documents. I know someone who went there and who is still waiting due to Retrogression of dates to enter USA.
It is good for someone who does not mind staying outside of USA indefinately.
This is a note for all India based applicants
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kavita
07-02 11:21 AM
If DOJ agress what is being done based on country of origin is unjust, in what way can they help?
Can they ask congress to act? can they order USCIS to recapture lost visas?
Can they ask congress to act? can they order USCIS to recapture lost visas?
more...
chanduv23
05-29 02:02 PM
I would further say, what is the difference between you and anti-immigrants in this matter ? You are saying that certain class of people should be kept out of the job market and you have your reasons. Since you are probably US educated, you want those who are non-US educated out of competition. Do not give me the BS reason that those with non-US education are the only ones that fake their resume. As far as faking the resume goes, or bragging goes, its up to the individual. It could be anyone, including Presidents that fake resumes or pad it with embellishments.
The anti-immigrants are saying that they were born here so those who were not born here should be kept of out the job market to reduce competition (and spur wage inflation, which they would call fair wages, but its really wage inflation, the kind that drowned GM and Chrysler).
Would it not behoove you to say that the decision of who should be hired and who shouldn't be hired must be deferred to the employers and not the Government or any other special interest ? As an employer, are they not the most capable party here to make that decision and evaluate their options ? Shouldn't people who create wealth (employers, businesses) have the prerogative to decide who they want to hire to help them create wealth ?
Logiclife - I totally agree with your opinions.
Me and my wife both are professionals - in different fields - none from ivyleague - we decided not to force our kid into something but to allow her to carve out her own career through her interests. We do not aim for sky , but definitely have vision to grow and become successfulaand strive towards it.
From all those people who went to school with me - those ivyleagures are still in jobs - kinda secure jobs and they also secure their jobs - one of our C grade classmate who was average mediocre and just did a BA degree is now a very successful entrepreneur - he is big time into infrastructure development and also sponsers a team in IPL
While i
The anti-immigrants are saying that they were born here so those who were not born here should be kept of out the job market to reduce competition (and spur wage inflation, which they would call fair wages, but its really wage inflation, the kind that drowned GM and Chrysler).
Would it not behoove you to say that the decision of who should be hired and who shouldn't be hired must be deferred to the employers and not the Government or any other special interest ? As an employer, are they not the most capable party here to make that decision and evaluate their options ? Shouldn't people who create wealth (employers, businesses) have the prerogative to decide who they want to hire to help them create wealth ?
Logiclife - I totally agree with your opinions.
Me and my wife both are professionals - in different fields - none from ivyleague - we decided not to force our kid into something but to allow her to carve out her own career through her interests. We do not aim for sky , but definitely have vision to grow and become successfulaand strive towards it.
From all those people who went to school with me - those ivyleagures are still in jobs - kinda secure jobs and they also secure their jobs - one of our C grade classmate who was average mediocre and just did a BA degree is now a very successful entrepreneur - he is big time into infrastructure development and also sponsers a team in IPL
While i
NNReddy
09-15 03:03 PM
I am trying to say something about my financial success instead of lifestyle.
But I have a good lifestyle too. I socialize, have parties all the time, have 2 nice kids and a nice house and a nice family. What else you want in life.
but after some time, you get bored by these things, you want to go up in your career(I am just maintaining status quo), want to do some other things, for which I need GC.
But I have a good lifestyle too. I socialize, have parties all the time, have 2 nice kids and a nice house and a nice family. What else you want in life.
but after some time, you get bored by these things, you want to go up in your career(I am just maintaining status quo), want to do some other things, for which I need GC.
more...
pbojja
05-21 04:32 PM
My I140 is pending at TSC from Apr 2007. No RFE. Called the CS and opened an SR in jan 08 and i got the standard reply. My Attorney opened another SR in May. Hoping to get some information on my case from TSC this time
I think all these processing times are unreal and who knows how they process these cases (may be GOD)
You are right , Its like a lottory now . I know a freind who applied in August 07got his 140 approved ...
How about forming a group whose dates are beyond processing times and send them to Ombudsman ... Problem with this is no one particaptes hoping next month my case will be approved ... I think only choice is praying to God so CIS can find our files
I think all these processing times are unreal and who knows how they process these cases (may be GOD)
You are right , Its like a lottory now . I know a freind who applied in August 07got his 140 approved ...
How about forming a group whose dates are beyond processing times and send them to Ombudsman ... Problem with this is no one particaptes hoping next month my case will be approved ... I think only choice is praying to God so CIS can find our files
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gc28262
02-15 07:13 PM
Pleaassssssssse dont fight among oursleves ....
Lets fight against immigration bureacracy and unfair policies...
Yes we want more peace makers in the forum :) Thank You !
Lets fight against immigration bureacracy and unfair policies...
Yes we want more peace makers in the forum :) Thank You !
more...
glamzon
10-05 01:24 PM
Thanks - Great News
hair on etrayal in friendship
belmontboy
03-15 09:47 PM
Yes, I do agree with you but he asked a specific question related to travelling, and this case expungementg will help and he need not to declare at the POE about his case but as you said he will have the side effects of this case in various other stages till he is admitted as PR.
RV
Dude, I am telling you again. Expungement will not help him w.r.t immigration matters (which includes entering USA).
Even when he gets his criminal record expunged, for all immigration matters, he needs to provide information about his conviction and an explanation.
RV
Dude, I am telling you again. Expungement will not help him w.r.t immigration matters (which includes entering USA).
Even when he gets his criminal record expunged, for all immigration matters, he needs to provide information about his conviction and an explanation.
more...
lazycis
08-15 02:06 PM
The USCIS is required by regulations to issue a temporary EAD if they cannot process extension in 90 days. They, however, do not issue temporary EAD anymore in violation of the regulations. So if more than 90 days passed and you are still waiting, take an infopass and request IO to call service center where EAD is pending and request to follow procedures outlined in the USCIS memo
http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf
(print the memo and take with you). Do not leave until they do that, request to talk to supervisor if IO refuses.
Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks:
• CLAIMS Verification
o Underlying application remains pending
o Determine if RFE has been issued, thus tolling the 90-day adjudicative requirement
o Form I-765 remains unadjudicated
o Biometrics have been captured—if not, refer to ASC
• Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim
• Provide Notice to applicant acknowledging status inquiry.
Even if EAD expired, you can continue working up to 180 days and be covered by INA 245(k) (i.e. your GC is not affected). Employer may be sanctioned, however. Employer may ask you to take an unpaid leave also.
http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf
(print the memo and take with you). Do not leave until they do that, request to talk to supervisor if IO refuses.
Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks:
• CLAIMS Verification
o Underlying application remains pending
o Determine if RFE has been issued, thus tolling the 90-day adjudicative requirement
o Form I-765 remains unadjudicated
o Biometrics have been captured—if not, refer to ASC
• Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim
• Provide Notice to applicant acknowledging status inquiry.
Even if EAD expired, you can continue working up to 180 days and be covered by INA 245(k) (i.e. your GC is not affected). Employer may be sanctioned, however. Employer may ask you to take an unpaid leave also.
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wellwishergc
04-03 12:00 PM
just made some additional monetary contribution to the cause.
Keep up the good work!!!
Quite frankly, I did not want to reply to your post, but your repitition above forces me to!
1) You have NO idea what it was like to find a lobbyist ready to work with us given a) We are dealing with a very sensitive issue b) We had only 10K in cash (5K raised by core members) and another 10K promised again by the core team. Do a real exercise and get a lobbyist to sign a contract with you for after revealing to them that you have only 20K. Try it now with even 50K and see how many lobbyists are ready to tow your line
2) Regarding your talk of Erin Brockovich and all, you do not even seem to grasp the fact that AILA is interested in the 11 million undocument workers. 500,000 skilled workers are nothing but a drop in the ocean compared to them.
In any case, have you done your part in contacting AILA? We have! Its easy to sit on the fence and complain but it takes conviction to actually DO something
3) Do you have any idea how difficult the task is to get amendments in? Do you know how much a fine balance the Republicans and Democrats achieved and are not ready to take on anything that might disturb the balance? Also do not forget that 500K people is not even 1% of the US population but 11 Million illegal immigrants make a sizeable chunk and alsong with Hispanics make more than 13% of the population. Now given this, who would you as a politician try to appease? 13% of the population or 0.1% of it?
4) And what made you think that faxing celebrities is an idea of the core team or QGA? Please read the posts again. It was an idea by a member!
Keep up the good work!!!
Quite frankly, I did not want to reply to your post, but your repitition above forces me to!
1) You have NO idea what it was like to find a lobbyist ready to work with us given a) We are dealing with a very sensitive issue b) We had only 10K in cash (5K raised by core members) and another 10K promised again by the core team. Do a real exercise and get a lobbyist to sign a contract with you for after revealing to them that you have only 20K. Try it now with even 50K and see how many lobbyists are ready to tow your line
2) Regarding your talk of Erin Brockovich and all, you do not even seem to grasp the fact that AILA is interested in the 11 million undocument workers. 500,000 skilled workers are nothing but a drop in the ocean compared to them.
In any case, have you done your part in contacting AILA? We have! Its easy to sit on the fence and complain but it takes conviction to actually DO something
3) Do you have any idea how difficult the task is to get amendments in? Do you know how much a fine balance the Republicans and Democrats achieved and are not ready to take on anything that might disturb the balance? Also do not forget that 500K people is not even 1% of the US population but 11 Million illegal immigrants make a sizeable chunk and alsong with Hispanics make more than 13% of the population. Now given this, who would you as a politician try to appease? 13% of the population or 0.1% of it?
4) And what made you think that faxing celebrities is an idea of the core team or QGA? Please read the posts again. It was an idea by a member!
more...
house Famous Friendship Betrayal Quotes Arthur Miller- “I think it#39;s a
fromnaija
06-23 05:48 PM
This now will give me a 2 year EAD. and even after 2 years If I dont get a GC, I will be able to reapply for EAD, at that time WITHOUT any FEES!!
Not true! You will have to pay $340 or whatever the fee is at the time you renew your EAD again.
Not true! You will have to pay $340 or whatever the fee is at the time you renew your EAD again.
tattoo Cute Friendship Quotes
bestofall
04-11 08:47 AM
Why you are posting the 2002 article to add confusion
more...
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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.
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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okuzmin
09-22 03:22 PM
My I-140 was lost in mail just this year. My employer contacted USCIS, and they told him to file form I-824 (yeah, with fee). We did, and I got a duplicate approval notice back in about a month. So, if that's your case, here is the answer.
I did FOIA on my previous LC attempt (not I-140); it took over 6 months to get all documents back (you can request a CD instead of a stack of photocopies -- they'll scan all papers and burn the files on a CD for you). I've heard it's getting worse, in terms of response time.
I did FOIA on my previous LC attempt (not I-140); it took over 6 months to get all documents back (you can request a CD instead of a stack of photocopies -- they'll scan all papers and burn the files on a CD for you). I've heard it's getting worse, in terms of response time.
more...
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dhirajs98
06-28 02:03 PM
my pd is march 07. my agency told me they converted my I 140 into premium on june 18.But my case status still hasn changed from 'RECIEVED N PENDING". Is there any delay by the uscis usually in changing the status?
Can somebody please clarify?
My RFE response to the I-140 PP was sent on June 7th but I have received anything from USCIS. Status on theor wesite is still old. Its almost 3 weeks after I sent the response to the RFE. I am not sure what is going on w/ USCIS these days. They have taken money to process it in premium but it seems they don't bother to complete case in 15 working days anymore.
Can somebody please clarify?
My RFE response to the I-140 PP was sent on June 7th but I have received anything from USCIS. Status on theor wesite is still old. Its almost 3 weeks after I sent the response to the RFE. I am not sure what is going on w/ USCIS these days. They have taken money to process it in premium but it seems they don't bother to complete case in 15 working days anymore.
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casinoroyale
07-01 10:38 AM
In AP e-file application, for the country there are choices like
"INDIA-GOA"
"INDIA-SIKKI"
"INDIA-ANDAM"
"INDIA-INDIA"
Anybody can tell me why these sub-categories have been created?
"INDIA-GOA"
"INDIA-SIKKI"
"INDIA-ANDAM"
"INDIA-INDIA"
Anybody can tell me why these sub-categories have been created?
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EkAurAaya
10-10 03:06 PM
My folks are here visiting... so it will be difficult for me to attend... but i will try
GCKaMaara
01-13 02:51 PM
Slow movement as expected. Hope dates move faster in the months ahead.
Hey Pappu,
What happened to your cool Avatar?
Hey Pappu,
What happened to your cool Avatar?
GCNirvana007
03-19 08:28 AM
EB1 or EB2 or EB3 is created by USCIS. We are just applicants. We were not asked to give our 2 cents to frame the rules.
So there is absolutely no logic for us to fight among self. Target is USCIS. EB2 can raise their concerns, EB3 can raise their concerns or both can do it together. Lets get that straight.
So there is absolutely no logic for us to fight among self. Target is USCIS. EB2 can raise their concerns, EB3 can raise their concerns or both can do it together. Lets get that straight.
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