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  • sanju
    02-25 12:18 PM
    And your point in this post to helping IV is? IV admins are more mature than to read my ideas as a lecture.

    Ya, expect others to show maturity while you continue to be a child.


    .





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  • whattodo21
    05-11 12:02 PM
    Pappu,

    Please let me know your thoughts..
    I-140 is approved. I-485 was filed in July 2007. I have an opportunity to move to another company for a similar job profile. But the new company wants me to work as a contractor (hourly) on W2.

    Is that a problem when filing AC-21?

    Please advise.

    You may be able to find answers in the IV wikki - have you tried it?
    AC21 FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/AC21_FAQ)





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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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  • snathan
    03-15 11:29 PM
    Don't jump without understanding my comments.

    what makes you come to conclusion that i am supporting him?

    we shouldnot judge others without understanding circumstances. Even if he has intentionally comitted crime, he is going to answer to God for this sooner for later.

    some "shoplifters" are not theives.

    I already answered you. If it�s an accident I apologies.

    By the way what you call them?



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  • hiralal
    08-03 07:28 AM
    I think once the application is pre-adjudicated...that's it!! I don't believe USCIS will spend anymore time and resources to these applications again...until a visa number is available from DOS and they apply the number to the pre-adjudicated application....my 2 cents! I agree with what you say BUT they may open the file again (to verify certain things and not just assign it a visa) once the visa number is available (I guess that is what you are trying to say) ..is that right ?
    BTW - I have not read the memo in detail ...it is a waste of time
    I guess the 64,000 dollar question is - how to find out if your case is pre-adjudicated ?
    in summary - it is a big big muddy and dirty mess ..no wonder the right word is that the system is broken and very less immediate hope for EB-India / China





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  • cnachu2
    02-23 01:29 PM
    The way i see it, they've asked for past emp letter with tax forms and some w2s.

    None of those would indicate that you were on the bench.

    The emp letter should basically just indicate your dates for employment - start/end date, designation, duties and perhaps salary. that's all.


    Yes, they asked just employment letters, W2's and tax returns. Thank you.



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  • sonia_sd
    05-08 02:37 PM
    Try Tri Valley

    Try to respect others and feel sorry about their situation.





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  • franklin
    09-13 02:50 AM
    And, would you mind explaining why would ROW get affected? If they were current all along, all the ROW candidates must have already filed, even before july fiasco, right? So, just exactly how do they get affected?

    Sorry for the outburst, but I sometimes get tired of people just throwing out speculations :eek: as if they are stating facts. So, back up your statement with logic.

    Um... ROW has been retrogressed for some time too (at least EB3), so there is no need to "wait for it to get affected" - wait for that to become current before significant change in other areas of chargeability. But I've been waiting for that for years too.

    You could wait, or you could come to DC and help us to get it changed!



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  • ssingh92
    02-24 10:56 PM
    For those who think assisting US economy by buy houses (for pending GC applicants) is like selling a GC are just plain dumb! No wonder why we dont have a resolution to the 10 yr waiting that's been killing EB immigrants, is because ppl like you, who love to take pain want others to live through this for the lifetime.....................
    .......!

    Change the language and target too. I am thinking to draft a letter to send Home Builder Assoc and Car companies that I am not able to buy Home and Car because I am not getting loan. I need a car and home as I am paying rent every month around 1500. I am willing to pay 25% down and have credit score more than 700. No any kind of violation. Paied off first car loan. I am experienced enough to find another job in such bad economy. The only thing that I dont have is GC for which I am waiting for last 8 years. If I get GC probably I will get good loan faster and cheaper. If you lobby for us for GC probably not only me many other immigrant will get loans.

    Never ever mention that it will improve economy.

    Waiting for comments.





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  • mayhemt
    05-26 11:53 PM
    You mean opencongress.org?
    http://www.opencongress.org/bill/111-s1085/show

    Now this seems to be a light at the end of the tunnel ( not of an incoming train. hope so)

    Lets support this bill, there is a website I am trying to remeber the address, I heard while driving on kfyi radio station, where all the bills are listed and people can poll on bills and this will help the lawmakers to find what bill is popular and which one is not.

    I'll try to find and post it on the forum, we can poll and support this bill.



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  • chanduv23
    11-08 08:17 AM
    Happy diwali to the many IV members who celebrate the festival of lights with joy and happiness.

    On this wonderful ocassion, lets all look back at what IV has done and continues to do as an organization. Lets look back at the July fiasco and how IV members united for a cause. Look at all the legislative efforts IV has been working and continues to work for our cause.

    Lets all start becoming more active and continue with ongoing grassroots efforts.





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  • pappu
    05-28 08:47 AM
    GOOD ARTICLE FROM WP.COM EYE OPENING..

    What ever we will do USCIS will never finish Backlog... THIS IS CALLED SCAM. :mad:

    http://www.msnbc.msn.com/id/18899687/


    We have to let congress know about this scam.
    Each application could generate fines and fees of $1,000 to $5,000, a windfall of $10 billion to $15 billion over eight years, Homeland Security officials said. The money would dwarf revenue from a previously announced agency plan to increase fees on immigration and employment applications by 50 percent as early as next week, to raise $1 billion a year.



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  • rockstart
    08-03 02:31 PM
    Ideally GC should be issued in order of priority dates but from past experiences with USCIS I am not 100% sure that will be the case it will be all hell lose since they have just 30 days to consume all unused visa#. Else they will have to face the heat at the hill. So it could be pick any approvable aplication from the pool and finish the task.

    This is just a wild guess. I do not dictate how CIS will or should work so dont red me if you dont like the guess.





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  • chanduv23
    10-05 06:26 AM
    i hear there will be a special dance performance by the chapter leader...not worth missing :D

    You mean - leader of all the chapters? :D:D:D

    Well - I heard that if there are more than 50 people - the manager arranges for belly dancers - more added incentive - check out the pics on the site

    So, yes - make up your mind right now - don't miss this opportunity



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  • superdoc
    09-22 01:05 PM
    I will be on EAD for the new job..and the LOA is vacation without pay. My salary is already 30% more than the one mentioned in labor but no promotions..new job has actually lower salary and job description similar.

    If i do ger rfe for evl with me in new job then I hope salary doesnot become an issue
    what happened guys ? No more Opinions?





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  • confu
    10-06 11:11 AM
    I second this. It will take 1 more year for USCIS just to come out of 2001 for EB3 I unless 5882 passes!

    I kind of agree with you. Hope USCIS starts moving faster on applications at-least after that 1 year time frame.



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  • hpandey
    07-14 12:39 PM
    Prudential
    Metlifef
    NewYork Life
    AXA

    I think John Hancock\Manulife Financial is the biggest in business . It used to be the second largest after AIG but ever since AIG's fall it is now at the top.





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  • gvenkat
    09-05 01:55 PM
    Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
    This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.

    Tough Luck for you. I entered thro AP yesterday in chicago. Guess what the officer did not even talk a single word. He saw the document stamped and let me in. all it took was 5 minutes.





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  • ItIsNotFunny
    09-22 05:15 PM
    Called everyone on the list.

    Nice! guys, we built the momentum. Lets not loose it. Keep calling.





    seeker
    05-24 11:47 AM
    let us vehemently oppose the bill





    nc14
    09-22 06:25 PM
    I still see

    By Direction of the Chairman

    09/23/2008


    Full Committee
    1:00 P.M. in 2141 Rayburn House Office Building

    Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
    To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress

    I am not sure why someone said that it is scheduled for 24th.


    I've started calling and made first call to the chairman's office. I told the man that I'd called to express my grattitude and thank the chairman. Then I requested the chairman to take a yes/no vote on this bill and to take the bill to its logical conclusion, at least in the Jud Committee.
    Please remember, "thank you" packs awesome power and all members should convery their thanks to the chairman and request a vote on the bill for logical conclusion.
    I have not finished calling yet and I iwll update the poll only after I have made all the calls. From this thread it looks like the hearing is on 24th. If that is the case I will make the calls tomorrow so that I could actually talk to someone.



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