amitga
06-12 12:56 PM
There is a saying in accounting world "Figures don�t lie, liars will figure it out." We keep on doing the same thing. Try to make numbers that look good. The truth is the dates for India And china cannot and will not move until some legislative changes are made. The legislative changes will only happen when we all get united and ask for those changes aloud. The key to success is unity and joint participation.
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looivy
10-02 03:10 PM
You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?
Unless somebody explains it to me in clear terms, it appears to be discriminatory.
I am planning to write to Indian Ambassador (Meera Shankar) and complain about this less preferential treatment to Indian citizens by Indian government for OCI. I suggest you guys do the same.
Template below...
Meera Shankar
Embassy of India
2107 Massachusetts Avenue, N.W.
Washington D.C. 20008
Subject: OCI for children holding US passport with both parents holding Indian passport
Dear Ms Shankar,
Greetings!
I am writing this email to bring to your attention a very important matter. We have a son who was born in USA. He currently holds a passport of the country of his birth (USA). I and my wife are Indian citizens with Indian passport who currently reside in ABCDEFG. While researching whether we should apply for PIO or OCI for our child, we found that OCI option is not available for our child. OCI in my opinion is a better option for our son than PIO because of the 180 days limitation on stay in India for PIO card holders and various other benefits.
What I was appalled to find was that if I and my wife both held a non-Indian passport then our son is eligible to apply for OCI card. I find this policy to be very discriminatory to foreign born children of parents who both hold Indian passport and citizenship. I would like you and other policymakers to revise this policy and allow children born in foreign countries to be eligible to apply OCI card as long as any of their parent was or is an Indian citizen.
Thanks.
Yours sincerely,
Your name
Your address
Unless somebody explains it to me in clear terms, it appears to be discriminatory.
I am planning to write to Indian Ambassador (Meera Shankar) and complain about this less preferential treatment to Indian citizens by Indian government for OCI. I suggest you guys do the same.
Template below...
Meera Shankar
Embassy of India
2107 Massachusetts Avenue, N.W.
Washington D.C. 20008
Subject: OCI for children holding US passport with both parents holding Indian passport
Dear Ms Shankar,
Greetings!
I am writing this email to bring to your attention a very important matter. We have a son who was born in USA. He currently holds a passport of the country of his birth (USA). I and my wife are Indian citizens with Indian passport who currently reside in ABCDEFG. While researching whether we should apply for PIO or OCI for our child, we found that OCI option is not available for our child. OCI in my opinion is a better option for our son than PIO because of the 180 days limitation on stay in India for PIO card holders and various other benefits.
What I was appalled to find was that if I and my wife both held a non-Indian passport then our son is eligible to apply for OCI card. I find this policy to be very discriminatory to foreign born children of parents who both hold Indian passport and citizenship. I would like you and other policymakers to revise this policy and allow children born in foreign countries to be eligible to apply OCI card as long as any of their parent was or is an Indian citizen.
Thanks.
Yours sincerely,
Your name
Your address
ivslave
09-14 03:27 PM
we have close to 200 votes... I never imagined the % will so much higer..... around 80%...
Thanks again.
Thanks again.
2011 Stars without makeup: Katy
SGP
02-15 05:25 PM
Mr. GC_Rip,
Your are definitely a EB2 worth candidate. A company willing to support you and a good attorney is all you want. There are plenty who have qualified for EB2 with these qualifications.
Instead of MS, look for a good consultancy or a perm job which will do the trick for you. I do know/understand that it is hard to get consulting jobs and maintaining visa's for family members but look at the bright side, labor nowadays takes only about 3 weeks and 140 if you apply through PP, then you are talking 2 weeks again. You have a possibility to get out of this mess.
If kids from college gets into EB2 and gets GC in two years, You sure do sir...
OK now to members who think I am wrong can bash me but this is what I believe in, if a system can tie you down with stupid rules and no accountability on its workers, I am ok with a deserving candidate cutting the line ahead and getting his GC. Hail common sense.
Hi Bhasky25 : Please pardon my ignorance, but could you please advise in which state is the labor getting approved in 3 weeks? I am asking you this as I switched employers & I will be filing for labor certification in Mid Mar 2011 in CA. This information will be very helpful to me. Thanks.
_________________
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved
Your are definitely a EB2 worth candidate. A company willing to support you and a good attorney is all you want. There are plenty who have qualified for EB2 with these qualifications.
Instead of MS, look for a good consultancy or a perm job which will do the trick for you. I do know/understand that it is hard to get consulting jobs and maintaining visa's for family members but look at the bright side, labor nowadays takes only about 3 weeks and 140 if you apply through PP, then you are talking 2 weeks again. You have a possibility to get out of this mess.
If kids from college gets into EB2 and gets GC in two years, You sure do sir...
OK now to members who think I am wrong can bash me but this is what I believe in, if a system can tie you down with stupid rules and no accountability on its workers, I am ok with a deserving candidate cutting the line ahead and getting his GC. Hail common sense.
Hi Bhasky25 : Please pardon my ignorance, but could you please advise in which state is the labor getting approved in 3 weeks? I am asking you this as I switched employers & I will be filing for labor certification in Mid Mar 2011 in CA. This information will be very helpful to me. Thanks.
_________________
If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved
more...
GTGC
10-05 04:27 PM
Post your comments at this WSJ article related blog (http://blogs.wsj.com/washwire/2007/10/05/republican-candidates-rev-up-for-economic-debate/)
Thanks for the blog link....posting on thier blog would help create some awareness of the issue upfront- where other "misinformed" readers can read it and get the facts right!
Thanks for the blog link....posting on thier blog would help create some awareness of the issue upfront- where other "misinformed" readers can read it and get the facts right!
chanduv23
10-09 05:34 PM
^^^^^^^^^^^^
more...
absaarkhan
02-01 12:43 PM
Good Question
Did anyway in this Scenario had a hard time, entering US??
Did anyway in this Scenario had a hard time, entering US??
2010 Katy perry without makeup 2011
Macaca
08-12 11:23 AM
Pending cases = EB + Family + Refugee + Asylum + ... = Backlogged cases + Unripe cases = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)
What is an unripe case?
even if the application or petition were approved today, a benefit could not be conferred for months or years to come. (page 11)
cases that do not have an available visa or an FBI name check, and cases that are in suspense for other reasons deemed beyond USCIS’ control (page 12)
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates.
Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years.
In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
(From page 35 of Ombudsman's Report (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf))
What is an unripe case?
even if the application or petition were approved today, a benefit could not be conferred for months or years to come. (page 11)
cases that do not have an available visa or an FBI name check, and cases that are in suspense for other reasons deemed beyond USCIS’ control (page 12)
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates.
Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years.
In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
(From page 35 of Ombudsman's Report (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf))
more...
mrsahaayam
03-15 09:58 PM
Thank you La_guy and others....
Do they ask me regarding this at the POE? In what forms do I have to fill the info? I am not sure, as one of you suggested, if they ask we will tell them. But does this record appear in their computer screen and if we did not mention to them, will it be treated as another crime?
God please help me , It's THE WORST thing ever I did and been trhu a painful experience
Thank you guys........
Do they ask me regarding this at the POE? In what forms do I have to fill the info? I am not sure, as one of you suggested, if they ask we will tell them. But does this record appear in their computer screen and if we did not mention to them, will it be treated as another crime?
God please help me , It's THE WORST thing ever I did and been trhu a painful experience
Thank you guys........
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anilsal
11-09 10:53 AM
I think we should wait for the lame duck session to finish, to make any predictions. Because if there are any new last minute stunt on anything non-immigration, then for the next 6 months or so for the new house, they will be discussing this new stunt. Immigration will take the backseat.
more...
reddog
02-23 11:06 AM
I just dont get it. A.R Rehman has been doing amazing work for ages now and it needed a British movie to take him to the world stage. Really, his work in Dil Se...was way better than what he did in Slumdog.
Bollywood sucks and how!!! They need to figure out how they can take their cinema to the world audience. They've been failing miserably in promoting their movies in the west. Americans welcome change and encourage talent always and our bollywood producers/directors need to tap that.
Well, if Hollywood had any needs of his kind of music, they wont stop. they will go and hire people from anywhere in the world if the film required it.
plus, please do not forget that the US makes music that is appreciated the world over. so, there is no shortage of talent here or in europe which is easily accessible to producers here.
and why does AR rahman need to be appreciated by the hollywood guys for us to feel better. We feel better cos he was recognized, time does not matter.
This film had an indian backdrop and the director felt comfortable to go with the local talent, one of the best in the world and still local. win-win
also, the class of music that south asia produces is completely different from the taste of music that the europeans had.
Globalization is changing that. and yesterday night was a proof of that.
Bollywood sucks and how!!! They need to figure out how they can take their cinema to the world audience. They've been failing miserably in promoting their movies in the west. Americans welcome change and encourage talent always and our bollywood producers/directors need to tap that.
Well, if Hollywood had any needs of his kind of music, they wont stop. they will go and hire people from anywhere in the world if the film required it.
plus, please do not forget that the US makes music that is appreciated the world over. so, there is no shortage of talent here or in europe which is easily accessible to producers here.
and why does AR rahman need to be appreciated by the hollywood guys for us to feel better. We feel better cos he was recognized, time does not matter.
This film had an indian backdrop and the director felt comfortable to go with the local talent, one of the best in the world and still local. win-win
also, the class of music that south asia produces is completely different from the taste of music that the europeans had.
Globalization is changing that. and yesterday night was a proof of that.
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vik_tx
05-16 11:56 AM
now ..confirmed with two immigration attorneys.. this ruling goes into effect tomorrow.. they are all scrambling to file i140s on the last day!(today)
------------
Ok. This comes from a very reliable source.. but need some clarification from the experts out here...
1) No LC Substitutions
2) If one hasn't filed the I-140 within 45 days of receiving the approved labor certification, then he/she is SOL. This rule goes into effect tomorrow 5/18 and this may be applied retro-actively...i.e. If you have received an approved labor certification in the past 45 days and not filed yet.. you may have to re-file labor, as your approval is invalid!..
any ideas?
text from the ammendment-
In order to protect the integrity of the permanent labor certification
program, deter fraud, and comply with the Department's statutory obligation
to protect the wages and working conditions of U.S. workers, the Department
has determined a number of amendments are appropriate. The first amendment
would prohibit the substitution of alien beneficiaries on pending
applications for permanent labor certification and on approved permanent
labor certifications not yet filed with DHS. This amendment could, at least
to some degree, affect DHS's current practice of allowing U.S. employers to
substitute an alien through the filing of a new Form I-140 petition,
supported by a labor certification in the name of the original beneficiary.
The second amendment would require a permanent labor certification be filed
with DHS within 45 calendar days of the date it is certified by DOL. The
third amendment would prohibit the sale, barter, and purchase of
applications and approved labor certifications, as well as other related
payments. Finally, the Department is proposing enforcement mechanisms,
including debarment with appeal rights, to protect the integrity of the
permanent labor certification program and deter individuals or entities from
engaging in prohibited transactions or abusing the labor certification
process. The Department invites public comment regarding all aspects of each
of these proposed changes.
------------
Ok. This comes from a very reliable source.. but need some clarification from the experts out here...
1) No LC Substitutions
2) If one hasn't filed the I-140 within 45 days of receiving the approved labor certification, then he/she is SOL. This rule goes into effect tomorrow 5/18 and this may be applied retro-actively...i.e. If you have received an approved labor certification in the past 45 days and not filed yet.. you may have to re-file labor, as your approval is invalid!..
any ideas?
text from the ammendment-
In order to protect the integrity of the permanent labor certification
program, deter fraud, and comply with the Department's statutory obligation
to protect the wages and working conditions of U.S. workers, the Department
has determined a number of amendments are appropriate. The first amendment
would prohibit the substitution of alien beneficiaries on pending
applications for permanent labor certification and on approved permanent
labor certifications not yet filed with DHS. This amendment could, at least
to some degree, affect DHS's current practice of allowing U.S. employers to
substitute an alien through the filing of a new Form I-140 petition,
supported by a labor certification in the name of the original beneficiary.
The second amendment would require a permanent labor certification be filed
with DHS within 45 calendar days of the date it is certified by DOL. The
third amendment would prohibit the sale, barter, and purchase of
applications and approved labor certifications, as well as other related
payments. Finally, the Department is proposing enforcement mechanisms,
including debarment with appeal rights, to protect the integrity of the
permanent labor certification program and deter individuals or entities from
engaging in prohibited transactions or abusing the labor certification
process. The Department invites public comment regarding all aspects of each
of these proposed changes.
more...
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EkAurAaya
05-14 05:20 PM
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
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Nikith77
04-02 02:34 PM
EB3I will move to 2005 in coming months
more...
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NNReddy
06-25 12:59 AM
What about EAD, can she apply for EAD extension and then travel or apply while she is away in india for few weeks.
How long does it take for EAD to be approved?
How long does it take for EAD to be approved?
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gunabcd
06-30 07:55 PM
How long USCIS tool to update the status online to show your RFE response has been received? I sent the response for RFE on June 7th and there is update about the case at all. No online status update either. God knows what they are doing with it. They are suppose to complete the case in 15 qorking days after they receive it.
Mine it took 2/3 days after sending response. I thought they got too busy sending notices to new I140 PPs after june 15th and not processing I140s. But i saw someone whoe did PP on june 21 and got approve in a few days.
Mine it took 2/3 days after sending response. I thought they got too busy sending notices to new I140 PPs after june 15th and not processing I140s. But i saw someone whoe did PP on june 21 and got approve in a few days.
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ragz4u
03-27 01:28 PM
I just want to make sure that IV not forgotten People that stuck in PBEC. So far as an active member and an active contributor for IV I have to say that I'm dissapointed as far as the way IV addressed PBEC Issued.
Most of disscussion in IV forum seems like focusing on retrogression issue only.
for people that have their case are among 350000 case pending in PBEC the retrogression has no effect at all unless their case clear out before the retrogression get solved.
There are so many of us had been waiting for their labor get approved.
5, 6, 7 year are a long wait.
I noted that IV do have PBEC mentioned on the web fax, but please make sure that retrogression is not the main goal of IV.
Thanks.
And so are other 3 in the core group. We are as concerned about back logs as you are because its a personal battle for us too!
Most of disscussion in IV forum seems like focusing on retrogression issue only.
for people that have their case are among 350000 case pending in PBEC the retrogression has no effect at all unless their case clear out before the retrogression get solved.
There are so many of us had been waiting for their labor get approved.
5, 6, 7 year are a long wait.
I noted that IV do have PBEC mentioned on the web fax, but please make sure that retrogression is not the main goal of IV.
Thanks.
And so are other 3 in the core group. We are as concerned about back logs as you are because its a personal battle for us too!
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imh1b
06-01 12:58 PM
It seems that the word got out on these IV events. TechCruch has this article with IV events mentioned on its home page-
Why Policy Makers Should Review the Facts Before Marching to the Drumbeat of the Xenophobes (http://techcrunch.com/2010/05/29/why-policy-makers-should-review-the-facts/)
GREAT going!
Good article
Why Policy Makers Should Review the Facts Before Marching to the Drumbeat of the Xenophobes (http://techcrunch.com/2010/05/29/why-policy-makers-should-review-the-facts/)
GREAT going!
Good article
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vdlrao
01-13 03:24 PM
vdlrao, I know you are looking at this thread. Any comments?
By the way, Where is logiclife these days?
Yes I am looking at the thread. I am expecting a very good forward movement(At least to 2007 Dec) in EB2 India category in the coming months.
If you see the Visa bulletin Archive for the last three years during April - Jul range theres a sharp jump in Priority dates(more than a year and more) for EB2 category. This happened during vertical fall out (This doesnt include last year because last year its horizontal fall out). So this year I am expecting the cut off dates will move at least two years ahead for EB2 India because of the horizontal fall out. For Eb3 I am not expecting any big change unless theres some immigration reform in the new OBAMA government.
By the way, Where is logiclife these days?
Yes I am looking at the thread. I am expecting a very good forward movement(At least to 2007 Dec) in EB2 India category in the coming months.
If you see the Visa bulletin Archive for the last three years during April - Jul range theres a sharp jump in Priority dates(more than a year and more) for EB2 category. This happened during vertical fall out (This doesnt include last year because last year its horizontal fall out). So this year I am expecting the cut off dates will move at least two years ahead for EB2 India because of the horizontal fall out. For Eb3 I am not expecting any big change unless theres some immigration reform in the new OBAMA government.
ganip
03-18 04:01 PM
Did anyone of you use AP to come back and the name is not correct, i have a situation where my
middle name is missing one alphabet and i am worried if that would be an issue while coming back from India.
middle name is missing one alphabet and i am worried if that would be an issue while coming back from India.
EkAurAaya
10-10 03:06 PM
My folks are here visiting... so it will be difficult for me to attend... but i will try
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