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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.





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  • NNReddy
    06-24 10:55 PM
    My wife is apply for AP renewal. She has her AParole until oct, 2,2008. She is travelling to india this week for three weeks. Can she apply for renewal and travel to india. Is it legal or does it have any replications.





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  • BharatPremi
    12-11 11:52 PM
    Every movement should have following factors to succeed.

    1) strategic, honest and commited leadership
    2) strategic think tanks
    3) High moral and ethical ground
    4) Dedicated volunteers
    5) high volume support from affected masses
    6) Strong communication network
    7) Constant flow of required finance, its control /management and proper
    usage
    8) strategic organization
    9) strategic intelligence
    10) Simple but valid and highly effective fighting methods.

    What do you think, in which area you can be fit to make our movement stronger?





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  • dallasdude
    06-12 12:56 PM
    If they get continus apps from Eb1 in each quater how can they set up cutoff date ? ( I mean their demand with in range of supply ) .. isn't that illegal ?

    Most recently, the cutoff dates for EB3-India was set on Jan 05 bulletin and for EB2-India on October 05. Not sure about the other categories, but it seems to me that they either do it at the start of a quarter or at the beginning of a fiscal year. Based on their comments, it does seem like demand is starting to exceed supply for those EB1 categories.

    I feel like EB1 India and China will have cutoff dates beginning October 09.



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  • jonty_11
    10-25 01:54 PM
    Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.

    1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
    his signature). Now if his file is in BEC this would not have happened so it is
    safe to assume that either he might have used substitution labor OR his file
    is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
    period there were lot many software glitches in the PERM system so many
    lawyers were almost hesitant to file under PERM. But assuming that his
    lawyer took decision to file under PERM, end to end process was almost 4
    months for PERM so either his file was reached before Feb 06 then only he
    could have labor approval in May 06. So there is definately something
    wrong there.

    2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
    (His signature)?

    Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.
    one correction PERM started in March 2005 or even 2004 cannot be sure....defintely not 2006





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  • Canadian_Dream
    10-12 03:45 PM
    I was about to send the e-mail and then I decided to clarify this before jumping on to it.
    I am not sure if I am asking the right question, but I am just curious what is the point in sending same e-mails to the editor of the newspaper ? From my experience in talking to them, they seems to be looking for issues and when you have something valid they print. Also a single e-mail from IV talking about us (on behalf of 6000 of us) and the issues we are facing would have sufficed ? Right ? or I am missing something ? I know e-mail as faxes work for political campaign to show numbers but not seen it in news media ?



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  • vik_tx
    05-16 12:24 PM
    now ..confirmed with two immigration attorneys.. this ruling goes into effect tomorrow.. they are all scrambling to file i140s on the last day!(today)

    does any one have membership to the aila website.. I am curious to see whats posted behind the below link on the site..

    Just Posted
    DOL Final Rule on Substitutions and Other Labor Certification Issues
    http://aila.org





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  • gunsnkars
    07-19 01:26 PM
    As somebody said above, if we r getting married after Aug 17, and if we decide not to file my 485 now. My PD is May 2007 and my 140 would be approved before my H1B is expired for the second term, and if I didn't file my 485 by then, what kind of H1B extensions would I get ?? 1 year or 3 years.

    To be simple : PD May 2007
    140 approved by May 2010
    H1B expires Nov 2010.
    485 not filed.

    From Nov 2010, what kind of H1B extension I'd get (1 year or 3 years) ??


    Thanks

    As far as I know if the USCIS issues a receipt of your I-485 they are under the impression that your GC is around the corner irrespective of PD's...Could someone please throw some light on this issue??Would really be helpful for some people to file/not file their 485's....



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  • 485Mbe4001
    05-02 03:29 PM
    I have couple friends who moved to Australia 3-4 years back, they love it. they mentioned that they have already applied for citizenship. 3 years back we decided against migrating there because our PD was almost current, we are still waiting. :)
    if you need specific info, PM me, i can ask them.

    Any one has info on working and living in Australia.

    I see in 12 months i can get Immigrant Visa... Cost is $1960 ..

    Canada may be cold ..Australia has beautiful weather ..





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  • transpass
    02-23 02:53 PM
    In the shuffle, we are forgetting the oscar (though won by a non-indian) for best documentary on a little indian girl...

    http://www.smiletrainindia.org/smile_story_pinki.php



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  • geniousatwork
    04-07 05:18 PM
    From what I have noticed it comes out on the 1st or 2nd Monday of the month.

    If the 1st Monday is in mid-lower single digits then it comes out on the 2nd Monday...

    Going by that trend it might come out next Monday the 13th.





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  • helix
    06-13 03:55 PM
    According to the report, there are 100K to 150K applications pending to be processed (guessing PD is current and hence includes dependents) and 500k to 750k applications expected if PD becomes current. If we assume 2.1 dependents on an average, this comes to 1M - 1.5M applications if PD is current. So is the total 1.1M - 1.65M? Does that sound right?



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  • pcs
    03-27 01:52 PM
    I am a Chemical Engineer ( 16 years in India as a Senior Guy + more than 5 years in US )

    I am a founder team member of a high technology advanced material company, created with the help from a VC & active support of local congressman. We literally reopened a closed factory in Ohio to start this R&D / manufacturing company. ( Politicians have been making a lot of noise to revive manufacturing economy in Midwest)

    We have hired about 18 people till now & we are NOT an IT company


    I was accorded honorary citizenship by the mayor of city of Clinton, MS in 1989 for my extracurricular activities but did not move to US untill 2000

    For last five years I have been through this immigration circus & had to file L/C multiple times. Currently, I am not able to file I-485 & I am in my 6th Year of H1-B





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  • Michael chertoff
    07-31 11:30 AM
    this link is not working.



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  • deafTunes123
    10-02 08:34 AM
    Children born outside India and whose parents are Indian passport holders are not eligible for OCI Cards.

    Source:
    OCI - Steps to Apply-Consulate General of India, New York, U.S.A. - indiacgny.org - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=175&partid=100&sub=sub4)





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  • coopheal
    07-19 11:15 AM
    EB3/FEDEX delivered on 02-Jul-07



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  • luckylavs
    06-18 12:46 PM
    THis thread is confusing a lot of people. My understanding in once 1485 is pending , one can to county office get EAD card after a month. Gurus please input your comments





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  • pappu
    02-27 10:54 PM
    o.k. Thanks for your reply
    so are you trying to say that IV is so disappointed that it will not do anything at all ?

    Never said that.
    IV is you and me. Please take the initiative and lead the effort if you feel strongly about your idea. You can start by doing a media campaign and generate articles on this subject.





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  • pitha
    05-21 01:05 PM
    What are the conditions required for processing the 485 application.

    1. Are all applications which have a 485 RD within the processing date, are processed? or
    2. Only applications which have a RD within the processing date and whose PD is current, are processed.





    gcnotfiledyet
    02-24 06:24 PM
    sending flowers did work for us.

    Care to tell me how?

    It was lawsuit filed by AILA, efforts by IV and other groups that reversed the decision. Gandhigiri in this country has very little value. This country works on laws/court system. We need to get laws to help us and we need support groups like IV to make that happen. Or else we can pray to God to shower some green.





    snathan
    03-10 10:35 AM
    We all are working and in this economy everyone is worried about losing job if they don't go to work. I have two little kids and I work full time. I already used the vacation that I got for this year, it because of kids being sick one after the other and need to be off again next month for loss of pay for a kid's surgery. I know its just two more days and might result in something positive but I can't take a chance of losing my job and then don't have a job when it�s time for my 485 to be approved resulting in denial.
    I will donate money but unfortunately, I can't come for the advocacy day. It is a sticky situation for many.

    People who cannot attend personally...should contribute in other ways.