vbkris77
03-27 10:15 AM
How about we will bet for/against predictions and let all the proceedings go to IV???
wallpaper Enjoy this image gallery with
samcam
02-01 02:32 PM
I sent a check for $100 today.
Thank you volunteers!!
Thank you volunteers!!
11785181
06-24 09:46 AM
I applied for EAD renewal sometime in the end of May and I received my EAD cards both for me and my wife yesterday valid for one year. OUrs were expiring in September 2008.
2011 Tropical rose bouquet and
vinodmp
02-05 09:32 PM
I received USCIS email today saying My I485 is denied . ( I have not received the letter yet). I did sow LUD on my I 140 last week.
I have switched employer after 7 months of 140 aproval. I also sent AC21 letters .
I do not know whether my previous employer revoked the I140 . ( it never changed the status from approved)
For those who got 485 deniel letter , did you see any LUD in I140 just before that ?
Thanks
-vinod
I have switched employer after 7 months of 140 aproval. I also sent AC21 letters .
I do not know whether my previous employer revoked the I140 . ( it never changed the status from approved)
For those who got 485 deniel letter , did you see any LUD in I140 just before that ?
Thanks
-vinod
more...
doknek
05-10 09:26 AM
Try Tri Valley
I hope you guys didn't try Tri-Valley Univ. President indicted of visa fraud Bay Area university president indicted for student visa fraud scheme (http://www.ice.gov/news/releases/1105/110502oakland.htm)
I hope you guys didn't try Tri-Valley Univ. President indicted of visa fraud Bay Area university president indicted for student visa fraud scheme (http://www.ice.gov/news/releases/1105/110502oakland.htm)
realizeit
05-28 06:00 PM
My humble disagreement here...
Even though the hearing has been scheduled for the bill S 424, the hearings are not tightly linked to a specific bill. Hearings are a means to collect the data related to the issue at hand. The hearing results can be used to a wide range of related bills. S 1085 is a very similar bill and the emphasis of this bill is also reuniting families. During markup of whichever bill they pickup, they can amend the new pieces of the other bill.
If it is a markup, then, it is tightly linked to the bill.
So, definitely the party remains in good standing :)
Sorry to spoil the party guys..but it seems this hearing is for
S 424 - Uniting American Families Act of 2009
http://thomas.loc.gov/cgi-bin/query/D?c111:1:./temp/~c111NlehB4::
and not S.1085 Reuniting Families Act ...
I hope someone proves me wrong.... :mad::confused:
Even though the hearing has been scheduled for the bill S 424, the hearings are not tightly linked to a specific bill. Hearings are a means to collect the data related to the issue at hand. The hearing results can be used to a wide range of related bills. S 1085 is a very similar bill and the emphasis of this bill is also reuniting families. During markup of whichever bill they pickup, they can amend the new pieces of the other bill.
If it is a markup, then, it is tightly linked to the bill.
So, definitely the party remains in good standing :)
Sorry to spoil the party guys..but it seems this hearing is for
S 424 - Uniting American Families Act of 2009
http://thomas.loc.gov/cgi-bin/query/D?c111:1:./temp/~c111NlehB4::
and not S.1085 Reuniting Families Act ...
I hope someone proves me wrong.... :mad::confused:
more...
imbond707@yahoo.com
07-13 09:20 AM
rsn75,
Thanks for providing link for FOIA Request Status Check (http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD). I requested I-140 Approval Notice. My status shows 'Your request is currently number 3869 of 5790 pending requests in Track One.'
Thanks for providing link for FOIA Request Status Check (http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD). I requested I-140 Approval Notice. My status shows 'Your request is currently number 3869 of 5790 pending requests in Track One.'
2010 Fully Bloomed Red Rose Flower
hopefulgc
09-05 02:15 PM
Given that AOS drags on for 3-4 years, I would regard that not seeing your mum for 3-4 years in a row would qualify as an emergency.
If you had a bad experience, please make it a point to file a complaint.
Please do not take the abuse lying down.
AFAIK, AP is considered only for emergency travel. That said, I think the officer was being over reactive.
As we all know, immigration laws are arcane. AP for emergency travel was ok when people used to get GC within 6 months of 485 filing. Now, when it can take anywhere from 1 to 3 years to get GC after 485 filing, does it make sense to have AP for only emergency?! Crap...
If you had a bad experience, please make it a point to file a complaint.
Please do not take the abuse lying down.
AFAIK, AP is considered only for emergency travel. That said, I think the officer was being over reactive.
As we all know, immigration laws are arcane. AP for emergency travel was ok when people used to get GC within 6 months of 485 filing. Now, when it can take anywhere from 1 to 3 years to get GC after 485 filing, does it make sense to have AP for only emergency?! Crap...
more...
rajchadha
06-03 09:10 AM
This is called waste of brain power ... cramming as much as you can from the dictionary and god knows what. It would have been much better if a child learns some skill or diverts the mind towards exploring a problem or invention . What use is cramming the dictionary when it is available right on your phone now . If you have the internet all the world's knowledge is searchable.
There are much better uses for the brain power.
People can have different opinion about this ---cramming or not cramming but matter of the fact is that is still a great achievement .
Proves that we indian rock in whatever we decide to do in life and that can be medicine/IT/Law/ working to do some invention / spelling or whatever. People can have different intrests in life but matter of fact stays same that we indians are one of the most hard working race.
Good job---Sukanya Roy!!!!!!!!!!! you make us all feel proud !!!!!!!
There are much better uses for the brain power.
People can have different opinion about this ---cramming or not cramming but matter of the fact is that is still a great achievement .
Proves that we indian rock in whatever we decide to do in life and that can be medicine/IT/Law/ working to do some invention / spelling or whatever. People can have different intrests in life but matter of fact stays same that we indians are one of the most hard working race.
Good job---Sukanya Roy!!!!!!!!!!! you make us all feel proud !!!!!!!
hair Rose Photo Gallery.Flower
slammer
01-14 09:29 AM
well said :) ..months and years are passing by ..it seems more hopeless for EB3 - I. for those who have hopes ..nothing will happen for eb3 till june bulletin ..even then it is a big if. all the world needs to get their green cards then all of china, India eb2 applicants will get their GC's ..and then when US loses all its charm ..and EB3 (I) applicants are in their 50's / 60's - they will get their stupid cards
I hope there's some movement for WW EB3. We go through CP and cannot apply for EAD/AD or so as we live in Canada and not in the US. Our only chance to legally live and work in the USA is that we will be current an get our interview in Montreal.
Our PD is Feb/06, do you think there's hope for us to get the interview this year ? We've been current a couple of times in the last 3 years but never got an interview. That really sucks !
Rita
I hope there's some movement for WW EB3. We go through CP and cannot apply for EAD/AD or so as we live in Canada and not in the US. Our only chance to legally live and work in the USA is that we will be current an get our interview in Montreal.
Our PD is Feb/06, do you think there's hope for us to get the interview this year ? We've been current a couple of times in the last 3 years but never got an interview. That really sucks !
Rita
more...
apb
03-18 02:38 PM
AT JFK.
Submitted two copies of AP and passport. I had three copies from USCIS.
Went through US citizen/resident queue and the CBP officer took me to another verification counter.
There were only one other person (Russian). No questions asked. NONE. Verified address and very very informative and friendly CBP officer. Handed both AP with one of them stamped. I have all three copies of AP with me with one stamped.
He advised that every time I travel make sure there is no NOID on my case and my AP is current.
Submitted two copies of AP and passport. I had three copies from USCIS.
Went through US citizen/resident queue and the CBP officer took me to another verification counter.
There were only one other person (Russian). No questions asked. NONE. Verified address and very very informative and friendly CBP officer. Handed both AP with one of them stamped. I have all three copies of AP with me with one stamped.
He advised that every time I travel make sure there is no NOID on my case and my AP is current.
hot Rose Photo Gallery.Flower
gc28262
06-12 12:00 PM
Interesting analysis.
However with country cap in place and if EB-ROW candidates are in plenty, India and China cannot advance even if visa numbers are available.
However with country cap in place and if EB-ROW candidates are in plenty, India and China cannot advance even if visa numbers are available.
more...
house Flower Image Gallery middot; rose
.jpg "wallpaper rose flower.")
franklin
06-13 11:31 PM
You can change your signature now - no more waiting:)
Ha - good point!
There you go
Ha - good point!
There you go
tattoo Rose Flower Pictures
jindhal
09-05 04:24 PM
There is another part in the I-131 rules document that you havent read,
"If you are in the United States and seek advance parole:
A. You may apply if you have an adjustment- of- status application pending and you seek to travel abroad for emergent personal or bona fide business reasons; "
which sorta makes any personal visit an eligible for AP visit.
Here is the relevant info from USCIS site (I-131 instructions)
Link (http://www.uscis.gov/files/form/I-131instr.pdf)
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
_____________________________________
Proud Indian American and Legal Immigrant
"If you are in the United States and seek advance parole:
A. You may apply if you have an adjustment- of- status application pending and you seek to travel abroad for emergent personal or bona fide business reasons; "
which sorta makes any personal visit an eligible for AP visit.
Here is the relevant info from USCIS site (I-131 instructions)
Link (http://www.uscis.gov/files/form/I-131instr.pdf)
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
_____________________________________
Proud Indian American and Legal Immigrant
more...
pictures Fresh white rose flowers photo
xyzgc
01-14 08:18 PM
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. For them "Receive Date" is not what you see on your receipt, it is the date they physically received the case (thus if case is moved from one center to another, meaningful Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
Disagree, the reason you see lot of cases with (older PDs but later RDs) still awaiting approval is because when the PDs were current these cases were still not ripe (e.g: they were waiting name check clearance).
Some of them became ripe after the visa numbers were assigned to cases with later PDs and the visa numbers got over.
There are multiple queues in the system with a backlog at each queue, so some out of order processing cannot be ruled out.
If a PD of EB2-I 2003 is still pending, its because it was stuck in some other queue before it could even be assigned a visa number and by the time it cleared that queue, the visa numbers were all gone.
Bottomline, if your PD is not current, you won't be assigned a visa number, no matter what and if it is current it doesn't mean you'll immediately be assigned a visa number, unless of course your case has cleared everything else. With the reduction in FBI name check processing time and the BECs, one can hope the process is much more streamlined.
The main problem with USCIS is lack of proper prediction. If there are very few ripe cases currently in the pipeline, they immediately open the window too wide, not understanding is that there is deluge of cases with older PDs that will *soon* become ripe. That is where everything goes wrong - their prediction is either too conservative or too liberal.
However, I disagree that PDs cutoffs are not honored.
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
Disagree, the reason you see lot of cases with (older PDs but later RDs) still awaiting approval is because when the PDs were current these cases were still not ripe (e.g: they were waiting name check clearance).
Some of them became ripe after the visa numbers were assigned to cases with later PDs and the visa numbers got over.
There are multiple queues in the system with a backlog at each queue, so some out of order processing cannot be ruled out.
If a PD of EB2-I 2003 is still pending, its because it was stuck in some other queue before it could even be assigned a visa number and by the time it cleared that queue, the visa numbers were all gone.
Bottomline, if your PD is not current, you won't be assigned a visa number, no matter what and if it is current it doesn't mean you'll immediately be assigned a visa number, unless of course your case has cleared everything else. With the reduction in FBI name check processing time and the BECs, one can hope the process is much more streamlined.
The main problem with USCIS is lack of proper prediction. If there are very few ripe cases currently in the pipeline, they immediately open the window too wide, not understanding is that there is deluge of cases with older PDs that will *soon* become ripe. That is where everything goes wrong - their prediction is either too conservative or too liberal.
However, I disagree that PDs cutoffs are not honored.
dresses red rose flowers bouquet
kumar1
01-14 12:32 PM
I am EB-3 India and I am just 16 years away from my Green Card. My daughter would turn 21 in 2025 and then she would be able to file for our GC under family category. Also, I would celebrate my 25 years on "temporary visa" status in 2025.
Sorry Sunnysurya, I won't be porting my PD from 2005 to 2025. So you do not have to worry about anything.
Sorry Sunnysurya, I won't be porting my PD from 2005 to 2025. So you do not have to worry about anything.
more...
makeup FLOWER PHOTO GALLERY
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.
girlfriend Pretty rose bouquet and
rock945
10-11 09:57 AM
Remember, 245i cases were the NOT the same as the mexican illegal aliens that are being spoken of in relation to CIR .. lots of educated, legal H1-Bs lost their jobs (and their legal status) during the dot com burst of 2000 - 2002. Some of them stayed on even after going out of status, and then became eligible to file for GC under 245i.And needless to say, many more of those H1s came from India than mexico.
There are also Non-RIR cases that were applied in apr 2001 still pending in BEC. I personallly know few of my friends whose labor is still pending in BEC with PD apr 22 , 2001.
There are also Non-RIR cases that were applied in apr 2001 still pending in BEC. I personallly know few of my friends whose labor is still pending in BEC with PD apr 22 , 2001.
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meridiani.planum
08-24 02:47 PM
^^bump^^
pretty good response. thanks everyone who responded.
No votes for 2003 and earlier. If this sample reflects reality, thats good news, dates should not retrogress too far back. Quite a few 2004 cases, but with the dates for them going current next month, hopefully many of these people get approved, and the queue moves ahead...
pretty good response. thanks everyone who responded.
No votes for 2003 and earlier. If this sample reflects reality, thats good news, dates should not retrogress too far back. Quite a few 2004 cases, but with the dates for them going current next month, hopefully many of these people get approved, and the queue moves ahead...
unitednations
04-27 04:20 PM
^^^^^^^^^
yes; if you are gaining experience from current employer it has to be 50% different.
Practical issue is that DOL analyst very rarely analyzes it as such. They just deny it stating that experience was gained through petitioning employer. Then you have to go through the appeals route and try to get it approved that way.
yes; if you are gaining experience from current employer it has to be 50% different.
Practical issue is that DOL analyst very rarely analyzes it as such. They just deny it stating that experience was gained through petitioning employer. Then you have to go through the appeals route and try to get it approved that way.
Almond
02-07 03:43 PM
Sorry to hear that your 485 is denied....
My question to all the gurus here...I wonder what happens to EAD and AP after you appeal 485 denial?
I know that if your 485 gets denied then EAD and AP are void but lets say OP files 485 MTR(motion to reopen), does he have to reapply for EAD and AP or does that get reinstated based on the reciept he gets on 485 MTR?
Should the person stop working till he gets 485 MTR receipt or till he reapplies for new EAD and gets the approval?
Just curoius to know as these days denials seems to be the trend at USCIS and it would be helpful for all those who rely on EAD only and not sure what to do when there is a 485 denials for what ever reason.
FYI...I am still maintaining my H1 and also have a EAD but plan to switch to EAD only and not renew my H1 this year.
You do NOT have to apply for another EAD. You're safe to go back to work as soon as you receive your MTR receipt. I am sure most people work even while they're waiting for the MTR to be received by uscis though but shhh. I have never heard of a case where the uscis wanted to make sure the person didn't work while they were waiting for their MTR receipt to be sent out. Can you imagine them doing that to someone after their own officer denied the case in error resulting in an individual having to pay 500 bucks to reopen the case? Slap after slap in the face.
My question to all the gurus here...I wonder what happens to EAD and AP after you appeal 485 denial?
I know that if your 485 gets denied then EAD and AP are void but lets say OP files 485 MTR(motion to reopen), does he have to reapply for EAD and AP or does that get reinstated based on the reciept he gets on 485 MTR?
Should the person stop working till he gets 485 MTR receipt or till he reapplies for new EAD and gets the approval?
Just curoius to know as these days denials seems to be the trend at USCIS and it would be helpful for all those who rely on EAD only and not sure what to do when there is a 485 denials for what ever reason.
FYI...I am still maintaining my H1 and also have a EAD but plan to switch to EAD only and not renew my H1 this year.
You do NOT have to apply for another EAD. You're safe to go back to work as soon as you receive your MTR receipt. I am sure most people work even while they're waiting for the MTR to be received by uscis though but shhh. I have never heard of a case where the uscis wanted to make sure the person didn't work while they were waiting for their MTR receipt to be sent out. Can you imagine them doing that to someone after their own officer denied the case in error resulting in an individual having to pay 500 bucks to reopen the case? Slap after slap in the face.
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