lost_in_migration
09-22 12:00 AM
Thats a pretty innovative idea... get it patented asap :)
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jsb
03-25 12:46 PM
Why don't we all campaign to ask for a time out on all immigration. Just stop all immigration until it is fixed. :D:D
Because accordiing to your post you want your geencard but do not want others who filed in perm to proceed further.
In my proposal, if I cannot get my greencard, then nobdy else should. This is more fair.:D
What Happyfeet has said makes logical sense, though none of the above proposals impact me. Whoever applied first, should be served first, isn't it logical? We all know, Priority Date is not used for prioritising approvals. It is just a date on your application, which can stop your application from progressing further, if looked at, at the wrong time. Why not simply ask for approving in PD order.
Because accordiing to your post you want your geencard but do not want others who filed in perm to proceed further.
In my proposal, if I cannot get my greencard, then nobdy else should. This is more fair.:D
What Happyfeet has said makes logical sense, though none of the above proposals impact me. Whoever applied first, should be served first, isn't it logical? We all know, Priority Date is not used for prioritising approvals. It is just a date on your application, which can stop your application from progressing further, if looked at, at the wrong time. Why not simply ask for approving in PD order.
belmontboy
04-21 02:49 PM
GC people is closer to citizenship and closer to get this permission.
Visa is not permanent.
Permission again???
LOL
Visa is not permanent.
Permission again???
LOL
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gc_mania_03
10-14 04:32 PM
Applied for AP on June 1 at NSC. NO LUD changes till about last week.
I contacted USCIS and had an expedite request put in. Worked with USCIS ombudsman to figure out what was happening. Worked with my State Senator's office to put some heat on USCIS. After all the above efforts, finally got mine & My spouse's AP approved yesterday.(Oct 13). Total of 134 long days since i applied for my AP.
NSC is notorious for being late and lackadaiscal. I advice ppl to step in and take your cases to Ombudsman & Senators. They tend to be lot more helpful than USCIS. Good luck
How do I work with the Ombudsman? And all could you share how you went about getting the help from the Senators office.
I contacted USCIS and had an expedite request put in. Worked with USCIS ombudsman to figure out what was happening. Worked with my State Senator's office to put some heat on USCIS. After all the above efforts, finally got mine & My spouse's AP approved yesterday.(Oct 13). Total of 134 long days since i applied for my AP.
NSC is notorious for being late and lackadaiscal. I advice ppl to step in and take your cases to Ombudsman & Senators. They tend to be lot more helpful than USCIS. Good luck
How do I work with the Ombudsman? And all could you share how you went about getting the help from the Senators office.
more...
jkays94
04-03 10:48 AM
These are the talking points that AILA is suggesting for calls made to the Senators, as one can see AILA's focus is broad and I'm not sure how else they could have been of help when they are doing essentially what IV is doing ie calling, faxing or lobbying with a broad based approach. They possibly could put IV's news releases or messages as part of what has been sent to the Senate. I urge everyone visit this link (http://www.aila.org/RecentPosting/RecentPostingList.aspx) and see what pro-immigrant groups are doing or saying which is not significantly different from what IV is doing :
Call your Senators (http://capwiz.com/aila2/callalert/index.tt?alertid=8554496&type=CO)
(please call between 9am & 5pm)
Ask For: Immigration Staffer
Talking Points:
1) Tell your Senator to support the Judiciary Committee's comprehensive immigration reform bill!
2) Tell them that we need a workable solution and path to eventual permanent status for the 12 million undocumented!
3) Tell them that we need a new temporary worker program that offers labor protections and a path to permanent status!
4) Tell them that the family and employment backlog provisions in the Chairman's Mark are good and should remain in the bill!
5) Tell them that full access to the Circuit Courts of Appeal must be preserved!
Call your Senators (http://capwiz.com/aila2/callalert/index.tt?alertid=8554496&type=CO)
(please call between 9am & 5pm)
Ask For: Immigration Staffer
Talking Points:
1) Tell your Senator to support the Judiciary Committee's comprehensive immigration reform bill!
2) Tell them that we need a workable solution and path to eventual permanent status for the 12 million undocumented!
3) Tell them that we need a new temporary worker program that offers labor protections and a path to permanent status!
4) Tell them that the family and employment backlog provisions in the Chairman's Mark are good and should remain in the bill!
5) Tell them that full access to the Circuit Courts of Appeal must be preserved!
dingudi
12-11 10:17 PM
We need to develop really intelligent strategies considering all the factors. Just throwing out ideas and organizing rallys may not be enough (although needed).
There are a lot of intelligent people on this forum. I think we need to work on our unity, commitment and implementing of strategies.
IV is already doing lot of these but does not seem to be working fast and effective enough.
There are a lot of intelligent people on this forum. I think we need to work on our unity, commitment and implementing of strategies.
IV is already doing lot of these but does not seem to be working fast and effective enough.
more...
chiraj
07-13 09:39 PM
Hi ,
I am a GC Holder can anybody advice me top5 Life insurance companies for Term as well as Whole Life Insurance.
I am a GC Holder can anybody advice me top5 Life insurance companies for Term as well as Whole Life Insurance.
2010 described by Prince Harry
lelica32
05-21 05:39 PM
I still have April, 15.
more...
akela_topchi
01-14 02:14 PM
relax buddy :)
Great breakthrough in computational politics.........why did you not apply in EB1 ?
Great breakthrough in computational politics.........why did you not apply in EB1 ?
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aadimanav
07-14 04:20 PM
I have just sent an email to Senator Dianne Feinstein.
more...
thomachan72
05-29 07:20 AM
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)
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rameshvaid
09-11 06:23 PM
Yes.. I own the house since 2003.. Some time love it some time ... don't know..
RV
RV
more...
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chi_shark
07-26 10:04 PM
assuming you have done everything for registration of the company... you are all set... no other formalities. you may want to write bye-laws of the company if you wish to pursue vc funding or partners... other than that you should be good..
if you are a new company, very likely that you got a credit card that is backed by your personal credit... thats somethign to take care off.
After incorporating the company in one of the states. What are the next important things one as a owner of the company needs to take care of especially if it is in IT product development area ( ofcourse including consulting but not purely comparable to predominent desi consultancy services)
Specifically in the following category:
1. If you are selling IT software products and services, what are the legal necessary formalities one needs to take care of?
2. How about expanding the branches in outside USA? May be a branch office in India to leverage huge technical resources? Any legal or other things to be taken care of ?
3. Bank Accounts next steps
4. Credits Credit Cards. What are the precautions one needs to take care of?
Any other thoughts....
if you are a new company, very likely that you got a credit card that is backed by your personal credit... thats somethign to take care off.
After incorporating the company in one of the states. What are the next important things one as a owner of the company needs to take care of especially if it is in IT product development area ( ofcourse including consulting but not purely comparable to predominent desi consultancy services)
Specifically in the following category:
1. If you are selling IT software products and services, what are the legal necessary formalities one needs to take care of?
2. How about expanding the branches in outside USA? May be a branch office in India to leverage huge technical resources? Any legal or other things to be taken care of ?
3. Bank Accounts next steps
4. Credits Credit Cards. What are the precautions one needs to take care of?
Any other thoughts....
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reddymjm
01-22 10:37 AM
I felt there were too many fields to fill in. It might help if we can take out some fields. Like RFE etc.
more...
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mkashif4
08-04 11:26 AM
My priority date Sept 5, 2006 is almost current and I am switching job to another company but similar job duties. From Sr. Systems Analyst to Sr. Business Systems Analyst. Should I file the AC21 now or wait till the RFE? If I wait and they approve my 485 without an RFE, then should I file AC21 at all?
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chanduv23
10-09 11:34 AM
^^^^^^^^^^^^^^^^^
more...
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mpadapa
10-05 04:39 PM
The person was checking his option for the return journey (after the happy hr)
Its always good to have a designated driver:D
You dont need to take a cab to come over to the place..
Beleive me friend .. Its a nice walk from Time Square to Maya Lounge... Probably 15 minutes..
Just go to google maps and you will be fine..
Its always good to have a designated driver:D
You dont need to take a cab to come over to the place..
Beleive me friend .. Its a nice walk from Time Square to Maya Lounge... Probably 15 minutes..
Just go to google maps and you will be fine..
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crazydesi
01-13 03:15 PM
Once EB2 India reaches Apr 2005, it is going to stuck for long time (thats when PERM process started).
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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.
vxg
08-28 01:00 PM
Hi Guys,
I am a July - 2007 filer and we got the FP request in July for me and my Spouse, I have not applied for any EAD or AP extensions recentlly, for a side note i have to travel out side US in July and my attorney requested for FP reschedule (which was actually scheduled in last week July) for atleast 6 to 8 weeks, but USCIS sent me the request with in a week with an FP date just 3 weeks apart from the original one..so i had to rush my things and had to come back to US to get the FP done..
I just called TSC and got a helpful IO. He explained me that the FPs for my case are expired as those were done in Nov 2007. He issued a request to send another FP notice, not sure what help it will do at this time. He did tell me that my case is preadjudicated but also mentioned that preadjudication means nothing more than that a legal clerk or junior IO has reviewed the file and everything is order, in other words according to him preadjudication does not mean approval without any review.
I am a July - 2007 filer and we got the FP request in July for me and my Spouse, I have not applied for any EAD or AP extensions recentlly, for a side note i have to travel out side US in July and my attorney requested for FP reschedule (which was actually scheduled in last week July) for atleast 6 to 8 weeks, but USCIS sent me the request with in a week with an FP date just 3 weeks apart from the original one..so i had to rush my things and had to come back to US to get the FP done..
I just called TSC and got a helpful IO. He explained me that the FPs for my case are expired as those were done in Nov 2007. He issued a request to send another FP notice, not sure what help it will do at this time. He did tell me that my case is preadjudicated but also mentioned that preadjudication means nothing more than that a legal clerk or junior IO has reviewed the file and everything is order, in other words according to him preadjudication does not mean approval without any review.
mantagon
04-02 02:34 PM
...$100. Good Luck for everything and keep the Faith! :)