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  • tapukakababa
    05-25 08:27 AM
    Sureee mate! Then let all Chinese take away the jobs... Hahahaha!! Indians so gullible. Wat you think man? They are nothing in this country, they will be wayyy better off if you don't work for 1 day. 1st try & bring your family together, forget about rest of Indians. Hahahahaha.

    It's all about power in numbers - i.e. Whites, Hispanics, Blacks - in that order. Indians are a drop in US ocean, besides they all hate each other. So what are you gonna do? Hahahaha. Stupidos.

    PS: This website NOT just for Indians. So please take off your blinders. ALL OF YOU who assume that.

    This same perception is holding every Indian to come together and stand United. Stop comparing and show your worth; what you can do to make a change.





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  • 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





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  • vamsi_poondla
    09-05 09:36 PM
    we should all attend. Failure is not an option...there is no better time than Sept 18th





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  • champu
    02-23 02:26 PM
    Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.

    My dear friend, people are nervous. I am too. Bad news are coming from all corners.

    USCIS raids; Property & Stock Losses; Jobs disappearing. If you are in the middle of this then you would know. Sitting pretty in a recession proof role or job and commenting on others is easy.



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  • nomorelogins
    11-21 11:51 AM
    please close this thread.





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  • vikramy
    06-22 10:22 AM
    Looks like you don't have any GC application pending. From what i know you can not work. You can only start working after your MTR gets approved.

    I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...

    Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter

    In the denial letter they stated that
    "The beneficiary may remain in the current immigration status until date indicated on Form I94.. "

    So what are my option now?
    Can I work now? if not Can I work after Company B files MTR?



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  • Janisaris
    11-06 05:31 PM
    Hi,

    did u gout ur receipt notice. I am still wating on my receipt. I called USCIS yesterday still not there in the system.

    Please let me know if u got ur receipt number.
    any one else who are wating on receipt number who filed I-485 on july 2nd.

    I am July 19th Filer. They did not have my information in the system till Oct 31st. But when I called this Monday I got my receipts as they were entered on Nov 1st. As per USCIS they are done receipting all the applications received in July- Aug.

    You might want to call and create a service request.





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  • sbindval
    07-14 01:47 PM
    my lawer will file it early next week. At this point, we have nothing much to loose...the benifits of filing outweighs the risks.



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  • whiteStallion
    06-16 06:48 PM
    I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.

    Once your I-140 is approved, then you lock the PD from that moment itself.

    I140 + 6 months = Change your employer, file new PERM & then new I140 but you get to keep your old PD from old PERM. Is it not the case ?





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  • kate123
    06-17 01:42 PM
    As deecha suggested, consult a legal authority or you can also talk to some one at office of international students.

    good luck



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  • pappu
    07-26 10:34 AM
    added to this is also another question that may benefit few people in this situation. If labor is approved by the previous employer , how long will that stay valid. I mean people on 6+ year extensions may need ex employer's labor certificate in order to get one year extension so that they can reaplly with new employer.

    Is there a time limit on labor to become void if within a certain time I140 is not filed?
    sky7, you shoudl post your question and this question during the call with the lawyer. I am sure a lot of people are in a similar situation as you and such answers with benefit everyone.





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  • sapota
    11-14 09:11 PM
    Hello all IV members,

    I was wondering, the 7% green card allotment for each country, can than be considered as racial discrimination? I mean a law suit against USCIS for discriminating against skilled workers.

    A question for all you, what do you think is going to happen? will EB2 move fast in next few months, I don't understand how can U.S govt play will all our lives? We all have some personal decisions on hold,


    Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country

    how about holding another DC rally?

    We have to do some big about all this crap!

    I am not sure it can be argued as discrimination. All countries equally have the 7% cap. UK, Norway, Germany, Sweden, China, India, South Africa.....Just so happens that lot more applicants from India, China, Mexico, philipines.



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  • Bpositive
    08-21 03:33 PM
    lots of opinions/answers for your qns...





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  • prinive
    03-14 02:40 PM
    We all know that we are able to file 485 on July and we got EAD due to IV efforts. Which in turn helping us to get a 600$ rebate for the spouse (Some plan to spend the money).. Can we make a pledge here that we will contribute a certain % to our organization? The % can be your choice. At least this % can help this site up and running� If the moderator decide that this is not a good idea please close this thread.

    First from me 20% from whatever I get as rebate �



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  • matreen
    01-01 09:48 PM
    Filed on July 12, 2007 but got a wrong receipt date on receipt notice which is Aug 17, 2007. My attorney followed and CIS needs proof and we sent FedEx acknowledgement, still waiting no response.

    Got AP approved, EAD approved and received cards but no finger prints yet. Called CIS number of times "the only asnwer is wait" but when I called last (Dec 18, 2007) time support rep opened a SR said this SR will start after Jan 18, 2008......

    No idea what's going on....here...


    Thanks,

    M





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  • gultie2k
    07-07 01:42 PM
    Ganguteli and Saxena...

    Even though your intention may be right...the means is not. Hoping for bad of others to get help is SICK!!



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  • hebbar77
    03-12 08:08 PM
    I had same problem. I was told to re -apply after i called in feb (after 30 days of approval).
    Next day I called again, and used s**t word on them. Then they told me that they might not have sent it. Meanwhile I also got status change of case transfer. Few days ago status changed to document sent. I am waiting for the document. Hopefull I get it. At any cost I will not spend a penny on immigration anymore let alone re-applying for AP. I rather party or do charity with that money!





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  • gckalafda
    08-04 11:33 AM
    My EB3 I-140 is pending and got RFE at NSC since 1st Jan 2007 and later moved Texas, I don't know wether this thred belongs to same or not. I have a PD of Dec 2003, :mad:





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  • spicy_guy
    08-28 12:12 AM
    There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!

    Another struggle with USCIS amidst a lot other... huh? :D





    GCard_Dream
    03-06 05:10 PM
    I just wanted to make a comment. I don't have anything against color red; in fact I like red :) . It's not the red dot that bothers me; it's the delay in the GC processing. Peace.

    I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.

    Solution. just ignore them.





    GKBest
    10-30 05:26 PM
    We recieved EADs 3 weeks back and I am planning to apply SSN for my wife and kid.

    Can anyone let me know what documents are required to show up at SSN office while applying SSN.


    Thanks,
    Sury

    If it is the first time, they might ask for a birth certificate



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