Saturday, June 11, 2011

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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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  • jnraajan
    09-23 05:22 PM
    I dont think EB3 is current for Nov 2004. Infact, it is unavailable for all countries of charge until Oct First. If you are Phillipines or rest of the world, you still need to wait until OCt First to file
    Dear Guru's

    I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".

    However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.

    It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.

    based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.

    Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.

    I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.

    I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.

    Is there anyway I can talk to ombudsman office and get personal attention to my case.

    Guru's please help me out with your experience and ideas.





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  • kumar1305
    01-22 07:27 PM
    I hate the word Donate but somehow I donated blood which will be sent to Haiti. I did some in monies. Life is life no matter who it is.





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  • Raj12
    02-05 05:25 PM
    I am in Alabama (near Huntsville)



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  • coopheal
    05-06 12:39 PM
    Transaction ID: 15509419M155420

    You sent a payment of $100.00 USD to Immigration Voice (donations@immigrationvoice.org)

    It may take a few moments for this transaction to appear in your account.

    Thanks





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  • gultie2k
    07-02 08:48 PM
    Thanks! Will I be out of status immediately? How much time do I have to leave the country?



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  • GCSOON-Ihope
    06-14 04:57 PM
    On what basis does I-485 get processed?
    Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:

    Or by luck of the draw?:cool:


    The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...





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  • vadicherla
    11-05 09:11 AM
    I just voted



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  • austingc
    12-26 10:41 PM
    Dear Mr. Rude Know it all aka austin gc,

    I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.

    I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.

    On the topic, the thread opener can talk with his lawyer on what i posted.

    Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.

    Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.

    varumo_varatho,

    I do not know you personally and I did not mean to attack you. First of all I am really so sorry that you felt that way and I apologize for that. When you post something in the forum, it’s not personal anymore. There are lots of people give free opinion based on rumors and confuse the person. There are a lot of so called lawyers around us who makes so many mistakes and ruin innocent people’s lives. In my opinion, people in the forum know immigration policy better than them. That’s why folks come here to post their questions. I have been around in these forums for years and years and reading several forums since 2003. I do not post anything unless until I had personal experience or I know the answer for sure. I have seen people repeatedly post incorrect information which completely contradicts original poster’s question. So once again I apologize and I have nothing personal against you.

    Let’s come to the topic. The original poster clearly mentioned that his 140 was denied and his current H1B approval was based on his pending labor and since he applied for I-140 it is not pending anymore. Your answer was ‘He can file extension based on approved labor’. He did not mention anywhere that he filed his extension based on approved labor.

    You said ‘H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions. You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience’.I had asked you to tell us exactly about your personal experience to clarify things here but you did not post it. I think you may have forgotten. Again, I am not attacking you personally but wanted you to post your personal experience that was related to the original posters question here, so people who read this particular topic can get educated including me. You are welcome to post any link to USCIS guidance if you have one.

    If you want to say anything about me other than the topic then you can send me a personal message and we can talk, so we will not waste everyone’s time. Yes, I made a mistake by asking you to change your screen name but lets take that away from this topic.





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  • krishna_brc
    10-27 01:13 PM
    Thank you.

    If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
    Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?

    Thanks a lot for your kind help.

    Our's was fresh application and paid full fee.



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  • HRPRO
    02-23 01:51 PM
    I have sent an email to the Embassy today, enquiring about the status of my application and finally, for the very first time, received a response saying it will be checked into. I hope to hear that they have already mailed it out.

    Nice to hear that Jagan. Persistence pays, doesn't it. :-)





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  • InTheMoment
    06-29 01:01 AM
    Yabadaba,

    I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.

    See

    http://www.immigrationportal.com/showthread.php?t=158111

    http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada

    http://boards.immigration.com/showthread.php?t=165295

    There is a mighty good probabilty that we will get an RFE to
    establish proof of inspection of entry into the US

    So...start getting together any proofs for that:D that said it is fairly easy to take care RFE



    PART 3

    Place of Last Entry Into the United States (City/State)

    What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94



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  • gc_chahiye
    07-22 01:22 PM
    EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

    "DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

    Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

    This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?

    I thought EAD renewals are now free (included in the initial filing fee if filed after July 31). So no revenue loss and less workload for USCIS if they go for 3 years.





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  • kawosa
    08-19 12:59 PM
    Thanks, I work in the credit derivatives area. Developing IT infrastructure for pricing and doing risk analysis for single names and multi-names credit derivatives. What about you?

    started teaching in the same uni after my MBA... thought will get into a phD prog or fninsh the CFA the get into investment analysis,...

    5 years have passed, CFA was over long ago.... but just waiting for GC...



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  • cooldude
    08-03 10:26 PM
    http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf

    Per this press note, Nebraska has issued receipts for I-485 upto July 11 and Texas 26th June....

    But I don't think all the July 2 filers have their checks cashed out. And secondly for Nekraska the I-485 cut-off date is mentioned as "7/112007". May be it's a typo and it is infact 7/1/2007.





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  • gjoe
    05-01 10:44 AM
    someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.



    .
    I didn't want an update. I know what is going on and also when we will get our GC. I just wanted to make you realize that your goals and actions are not in sync. I hope you understand what that means.
    My penny and energy are invested in the right place were the returns are in propotion :)

    Good luck to you and all.



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  • acecupid
    07-06 11:48 AM
    Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US.

    Thanks.

    Yes, very much possible.





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  • frankiesaysrelax
    01-19 03:50 PM
    I sent out my letter to the prez (and the IV copy) last week. The ones who are lurking here right now without having done that yet: you have no excuse. At a minimum, it will cost you first class postage, a print out of the contents, a sign at the bottom and a trip to the mailbox. If you feel lazy about it, shame on you. If you think it will not make a difference, think again. Not only you are wrong, you have no idea by how much. If you open your mind a bit and send me a PM, I will send you personal anecdotes on how it made a difference for individuals and that too when it was not even part of a concerted effort like this.





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  • kshitijnt
    06-16 03:20 PM
    If the I-94 is attached to the new approval notice, you need not go for stamping to home country. If it is not, I advise that you go to home country for getting a new stamp.

    The above applies if you do not plan to travel outside USA.

    If you plan to travel outside USA, you can get stamp in any nearest USA consulate. Again neighbouring country or home country offers best choice.





    jcrajput
    06-18 02:58 PM
    We are planning to visit India in the month of November. We are looking to stamp our passport with H1B/H4 visas at Mumbai. How we can select appointment dates for the week of November 9 to November 13.
    I have tried to look at VFS website (https://www.vfs-usa.co.in) but not showing any dates after month of July...
    Can anyone please help me?

    Also, we are looking to stamp our passport the next day when we arrive in Mumbai. Do anyone know the good hotel near by embassy to stay?

    I really appriciate your help.

    Thank you.





    anilsal
    10-30 04:31 PM
    I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.

    One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....

    That even applies to discussion on IV. If law makers have a look at the IV forums (after they have been appraised of the existence of IV) and see lots of posts that lack basic grammatical skills and in urgent need of spell checks, then you know, what goes on in their mind(s).

    Simple spelling mistakes are fine, but if a post needs spell checks a lot, either the person who posted does not care or needs a good spellchecker.

    Good that you brought this issue up. Are we not talking of Skilled Immigration? If yes, then let us all do some homework (run a spell checker, to make sure things are going to appear nice for readers).

    Sorry if I appear rude. We are in this fight together and we need to come out successful :)



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