hsj
07-10 12:06 AM
Hi,
I had applied for my EAD renewal from Nebraska on 6/10 and got the card production ordered mail on 7/8. So your renewal should hopefully come through before your current EAD expires
I had applied for my EAD renewal from Nebraska on 6/10 and got the card production ordered mail on 7/8. So your renewal should hopefully come through before your current EAD expires
wallpaper Water Treatment Equipemnt for
pappu
05-11 12:51 PM
can we listen to this program online?
singhsa3
08-14 10:52 PM
Employment Based (EB) Green Card (GC) Laws
• The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
• Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
• As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
• There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
• So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
• FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
• EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
• The laws need to be changed and the process improved to fix the situation.
What does it mean?
• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
• Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
• Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
• You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
• If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
• Lobbying is an efficient tool to influence law and rule making.
• IV was very active in lobbying for CIR 2006, which was passed in senate.
• IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
• Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
• The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
• Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
• As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
• There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
• So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
• FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
• EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
• The laws need to be changed and the process improved to fix the situation.
What does it mean?
• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
• Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
• Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
• You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
• If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
• Lobbying is an efficient tool to influence law and rule making.
• IV was very active in lobbying for CIR 2006, which was passed in senate.
• IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
• Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
2011 Package Drinking Water
jediknight
10-23 12:57 PM
I am surprised that this was not the law before but considering the current Immigration laws, I should not have been :-(
more...
kshitijnt
06-28 05:57 PM
I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
Hi - I was in a similar situation as you:
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
Hi - I was in a similar situation as you:
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
sherlock01
10-16 07:54 PM
Can you please send the format of the letter you faxed? Did you include a letter from the employer?
I need to do the same for my wife. It's about 60 days since we applied and my wife just got a job. Her EAD expires in 20 days. We applied together and mine was approved 3 weeks back. Really frustrating :mad:
I googled and found TSC EAD expedite processing fax numbers of. On 84th day, we faxed our request to TSC. To our surprise, same day evening the status on our case changed to "Card ordered for production". Our tension was released and had a fun weekend.
Hope this information is helpful to someone in similar boat. Below are the fax numbers:
(214)962-1454
(214)962-1450
(214)962-1415
(214)962-2632
I need to do the same for my wife. It's about 60 days since we applied and my wife just got a job. Her EAD expires in 20 days. We applied together and mine was approved 3 weeks back. Really frustrating :mad:
I googled and found TSC EAD expedite processing fax numbers of. On 84th day, we faxed our request to TSC. To our surprise, same day evening the status on our case changed to "Card ordered for production". Our tension was released and had a fun weekend.
Hope this information is helpful to someone in similar boat. Below are the fax numbers:
(214)962-1454
(214)962-1450
(214)962-1415
(214)962-2632
more...
psk79
05-30 12:29 AM
From my attorney and my understanding, say u have h1 and u started using ead.. later on u still have the unexpired h1b and u wanted to go back to h1 from ead, then all u do is go out of the country and go for visa stamping using ur h1 approval notice. Then you wil enter the country in h1b with a new i94 at POE. Then u are all set...
Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...
Hope that helps...
Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...
Hope that helps...
2010 Improving Drinking Water to
satyasrd
08-26 10:32 AM
Hi,
Can someone please clarify my question above ? I am interested to find out how a future conversion from EB3 to EB2 (with the same company) is possible ?
Thank you!
Can someone please clarify my question above ? I am interested to find out how a future conversion from EB3 to EB2 (with the same company) is possible ?
Thank you!
more...
vin13
08-24 11:40 AM
I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.
Is this normal? Is there something i need to worry about?
My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status
My supervisor called back but went to voicemail and left a general message
I have been hearing of more verifications of this kind. But if your records are straightforward, you should not worry. Make sure your immigration attorney is in the loop.
Just wondering what could have triggered this inquiry. Could you give some insight to whether you are working for a small company, consulting, etc that you believe could be a possible reason. Maybe it is just a random pick...
Is this normal? Is there something i need to worry about?
My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status
My supervisor called back but went to voicemail and left a general message
I have been hearing of more verifications of this kind. But if your records are straightforward, you should not worry. Make sure your immigration attorney is in the loop.
Just wondering what could have triggered this inquiry. Could you give some insight to whether you are working for a small company, consulting, etc that you believe could be a possible reason. Maybe it is just a random pick...
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dpp
06-28 02:50 PM
I have an important question that I need to ask here. What is going to be Job title in employment verification letter. For example if I work in company as a Software consultant and H1B states that I am Programmer Analysts and my PERM labor has stated Software Programmer Engineer.
So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.
Thanks
INeedAllGreen
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.
Thanks
INeedAllGreen
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
more...
CantLeaveAmerica
12-08 05:43 PM
by the way, I forgot to mention that I was in India when my GC was adjudicated on Oct 22.
At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.
So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D
At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.
So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D
hot Water Treatment Plant for
anemmani
01-04 01:06 PM
Can someone reply on my question . Please help .
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
nit_sea,
You need to ask yourself the following questions.
Which university/college is your wife going to?
- Some states allow H4 holders to attend university with in-state tuition. Where as F1 requires out-of-state/out-of-country tuition. Without financial assistance this option can be useful.
Does she have an offer for financial assistance from the university?
- She cannot accept financial assistance ( TA/RA kind of employment) from university on H4. I do not know about scholarships and fellowships.
Is she interested in OPT option available to F1 students?
- Spouses of H1B holders will always have a difficult time getting F1 visa at the consulate. Even if she transfers H4 to F1 after coming here, she may have to go through the same experience next time she needs to re-enter United States.
In the end, it may be a good idea to consult an experienced Immigration Attorney for a fee. The fee is well worth the relief the information from the attorney may provide. The answer may not be to your liking, but it will be correct information.
Nag
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
nit_sea,
You need to ask yourself the following questions.
Which university/college is your wife going to?
- Some states allow H4 holders to attend university with in-state tuition. Where as F1 requires out-of-state/out-of-country tuition. Without financial assistance this option can be useful.
Does she have an offer for financial assistance from the university?
- She cannot accept financial assistance ( TA/RA kind of employment) from university on H4. I do not know about scholarships and fellowships.
Is she interested in OPT option available to F1 students?
- Spouses of H1B holders will always have a difficult time getting F1 visa at the consulate. Even if she transfers H4 to F1 after coming here, she may have to go through the same experience next time she needs to re-enter United States.
In the end, it may be a good idea to consult an experienced Immigration Attorney for a fee. The fee is well worth the relief the information from the attorney may provide. The answer may not be to your liking, but it will be correct information.
Nag
more...
house Water Treatment Chemicals
Iamthejuggler
01-22 05:48 AM
Well ...
"Click in the flash to activate it and move the mouse to rotate the camera." sounds mighty fine to me. Thanks kirupa :)
"Click in the flash to activate it and move the mouse to rotate the camera." sounds mighty fine to me. Thanks kirupa :)
tattoo Wastewater treatment correctly
PHANI_TAVVALA
01-02 01:55 PM
Adding to what Vinzak mentioned above, you will have hard time converting to F-1 since your I-140 is filed/approved. F-1 requires non-immigrant intent and filing I-140 shows immigration intent. There is a high chance your H1B to F1 COS wiil not be approved by USCIS.
more...
pictures Drinking Water Treatment Pics
friend99
08-12 12:08 AM
Thanks a lot for the replies! I am going to wait and see and hope for the best as I know sending any contradicting document at this point will just make matters worse.
Thanks a lot!
Thanks a lot!
dresses Drinking water treatment
makemygc
08-03 10:34 PM
maybe they meant 07/1/2007
See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
more...
makeup water treatment plants of
another one
11-02 11:25 AM
NURSE, H-1B FEES TORPEDOED FROM BUDGET BILL
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
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eilsoe
10-13 07:21 AM
whaaa'??
hairstyles 5.3 Drinking Water Quality in
Nagireddi
08-10 11:46 AM
Please stop this insanity and concentrate on good work.
factoryman
06-19 01:31 PM
Don't know what the officer will do. Don't tell me I didn't tell you.
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.
any members planning consular processing in delhi ???
please respond
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.
any members planning consular processing in delhi ???
please respond
mdcowboy
02-11 03:10 PM
Hi Folks,
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
I had no issues with USPS. Used them thrice to send docs to Chennai. It goes within 7-10 days. They give you a tracking number also, but as one of the other members pointed out, its difficult for you to track it.
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
I had no issues with USPS. Used them thrice to send docs to Chennai. It goes within 7-10 days. They give you a tracking number also, but as one of the other members pointed out, its difficult for you to track it.
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