singhsa3
08-13 10:58 PM
I am unable to keep myself awake. I will discuss this with you tomorrow. Have a good night!
According to Ombudsman's report,
Pending cases = EB + Family + Refugee + Asylum + ... = Backlogged cases + Unripe cases = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)
I am approximating 1M to be EB based, 1.5M to be family based and 92,535 to be asylum + refugee (which is a lot).
According to Ombudsman's report,
Pending cases = EB + Family + Refugee + Asylum + ... = Backlogged cases + Unripe cases = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)
I am approximating 1M to be EB based, 1.5M to be family based and 92,535 to be asylum + refugee (which is a lot).
wallpaper Name Tattoo On Ribs
lazycis
10-01 05:22 PM
Lazycis
Can you give pointers on how / which court to file. ANy website link ,any past precedences on lawsuit for EAD would be really helpful
I am nearing the expiration of current EAD for both myself and my wife. I am pursuing all other options actively and they are work in progress.
USCIS expedite criteria met - no results for past 10 days
workig with congressman
sent to Ombudsman, they responsded that they are researching
took infopass, no help
THanks
Check lawsuit steps here:
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps
If you have any questions, Pm me or post them here
http://boards.immigration.com/showthread.php?t=194681&page=600
I will prepare a lawsuit template and post it on immigration.com
As you have an urgent matter, you will need to expedite the process. The rules give government 60 days to respond under normal circumstances. To expedite, you will need to file a motion for preliminary injunction right after you file initial complaint. This way, you will get EAD in two weeks.
Can you give pointers on how / which court to file. ANy website link ,any past precedences on lawsuit for EAD would be really helpful
I am nearing the expiration of current EAD for both myself and my wife. I am pursuing all other options actively and they are work in progress.
USCIS expedite criteria met - no results for past 10 days
workig with congressman
sent to Ombudsman, they responsded that they are researching
took infopass, no help
THanks
Check lawsuit steps here:
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps
If you have any questions, Pm me or post them here
http://boards.immigration.com/showthread.php?t=194681&page=600
I will prepare a lawsuit template and post it on immigration.com
As you have an urgent matter, you will need to expedite the process. The rules give government 60 days to respond under normal circumstances. To expedite, you will need to file a motion for preliminary injunction right after you file initial complaint. This way, you will get EAD in two weeks.
go_guy123
08-05 05:02 PM
For people feeling depressed about Green Card retrogression, Job insecurity and prospect of EB reform etc watch this video ....truely inspiring (atleast for me).
Apologies if you have seen this before.
YouTube - Man with no legs and arms - Inspiring story (http://www.youtube.com/watch?v=nQPmY4nIjVE&feature=related)
Apologies if you have seen this before.
YouTube - Man with no legs and arms - Inspiring story (http://www.youtube.com/watch?v=nQPmY4nIjVE&feature=related)
2011 sexy girl tattoo.
21stIcon
07-14 12:33 PM
Few things to add:
3) To protect your familiy, think of the 3 areas: Death, disability and illness. Dying is the easy part...you die, your family gets a lump sum. The worst is that you DON'T die, but have a terminal illness (e.g. cancer), have no job and then incur substantial medical bills. Remember to cover all areas.
Fittan
Fittan,
Do you know any best long term disability insurance for reasonable price to cover income?
3) To protect your familiy, think of the 3 areas: Death, disability and illness. Dying is the easy part...you die, your family gets a lump sum. The worst is that you DON'T die, but have a terminal illness (e.g. cancer), have no job and then incur substantial medical bills. Remember to cover all areas.
Fittan
Fittan,
Do you know any best long term disability insurance for reasonable price to cover income?
more...
number30
10-16 11:55 PM
My daughter has received her new US passport. Her Indian visa is in her old passport. I understand she can carry both passports with her to India and does not need a new visa. Am I right? Thanks.
You can also get new passport number added to PIO card. So that you need not carry two passports.
You can also get new passport number added to PIO card. So that you need not carry two passports.
PresidentO
04-02 01:11 PM
Gulti mentality was something that guy(malibuguy) was talking about . Thats what i meant by Gulti mentality . I just started with a simple question "WHATS THE MOTIVATION FOR CONTRIBUTION(MONEY AS WELL AS TIME) FOR PEOPLE WHO HAVEN'T APPLIED FOR GC " !! Was that offensive ? I don't need answers for specific questions. I just need to know what IV is all about ? ? BTW, i have balls to ask anything to anybody if it makes sense(immigration officer is not making rules) .
Can you enlighten us what exactly is the so called mentality? oh well dont worry. We know what it is and it is your obtuse vision of certain community. Just because he does not think being on H4 is hell and just because he asked you to look around on the forums for an answer, you utter ethnic slurs and paint a whole community as one that lacks pride?? So much for your education and your work at the world's largest SC firm. If you read the mission or goal statement for a second on IV home page, you would have figured what IV is mainly working on. On the motivation Q, sitting at home itself is a motivation. What else do you need to get out there and work for a provision that will help your family and many others to come. you guys can work on the issue and get a provision that wil help your family and other families in the future from the inability to work or else you can continue bitching and moaning about how it is a loss of self esteem, which IMO is lack of self esteem. Choice is yours
Please stop hijacking the thread with useless ethnic slurs and equating H1 with slavery. Enough I guess you got the answer to your Q from the man himself and others too.
Malibuguy post 1
I agree we should keep the momentum going and achieve 10K this month as well.
My contribution of $25 Using the Donate Now button
Malibuguy post 2
We should try and get at least $500 today to get the momentum going.
Malibuguy post 3
Zen, the point is very simple. If you believe in this organization and what it does then you will donate knowing that IV needs the money to lobby for you, me and everyone else who is part of the community.
Lobbying is a very sensitive issue and it is not always possible for the persons involved to give you daily updates. Rather disclosing too much before time can have the opposite effect with people interested in lobbying against our interest mobilizing more aggressively.
Also bills are introduced all the time and there is not always enough time to hold funding drives to lobby for and against those bills. Moreover lobbying with the congress and senate is an on going effort and will require resources anyways.
However if you feel you want to be in the thick of things and know everything that is going on, then I guess joining your state chapter and being an active member can help you get some additional info. I believe volunteering your time is a lot more useful for the community than only money and if you can do that, all the power to you. I for one try and make my contributions to help those guys who are taking the pains to do all the work which benefits all of us
Malibuguy post 4 (direct response to you)
Not sure why you would generalize all H1b holders as experiencing hell - I for one did not. Anyways if you take the time to browse the forums you will find the answer to your question.
Can you enlighten us what exactly is the so called mentality? oh well dont worry. We know what it is and it is your obtuse vision of certain community. Just because he does not think being on H4 is hell and just because he asked you to look around on the forums for an answer, you utter ethnic slurs and paint a whole community as one that lacks pride?? So much for your education and your work at the world's largest SC firm. If you read the mission or goal statement for a second on IV home page, you would have figured what IV is mainly working on. On the motivation Q, sitting at home itself is a motivation. What else do you need to get out there and work for a provision that will help your family and many others to come. you guys can work on the issue and get a provision that wil help your family and other families in the future from the inability to work or else you can continue bitching and moaning about how it is a loss of self esteem, which IMO is lack of self esteem. Choice is yours
Please stop hijacking the thread with useless ethnic slurs and equating H1 with slavery. Enough I guess you got the answer to your Q from the man himself and others too.
Malibuguy post 1
I agree we should keep the momentum going and achieve 10K this month as well.
My contribution of $25 Using the Donate Now button
Malibuguy post 2
We should try and get at least $500 today to get the momentum going.
Malibuguy post 3
Zen, the point is very simple. If you believe in this organization and what it does then you will donate knowing that IV needs the money to lobby for you, me and everyone else who is part of the community.
Lobbying is a very sensitive issue and it is not always possible for the persons involved to give you daily updates. Rather disclosing too much before time can have the opposite effect with people interested in lobbying against our interest mobilizing more aggressively.
Also bills are introduced all the time and there is not always enough time to hold funding drives to lobby for and against those bills. Moreover lobbying with the congress and senate is an on going effort and will require resources anyways.
However if you feel you want to be in the thick of things and know everything that is going on, then I guess joining your state chapter and being an active member can help you get some additional info. I believe volunteering your time is a lot more useful for the community than only money and if you can do that, all the power to you. I for one try and make my contributions to help those guys who are taking the pains to do all the work which benefits all of us
Malibuguy post 4 (direct response to you)
Not sure why you would generalize all H1b holders as experiencing hell - I for one did not. Anyways if you take the time to browse the forums you will find the answer to your question.
more...
senthil1
04-14 09:49 PM
Your employer might think that it is difficult to find a project in the current economic condition. Anyhow your husband started working there should not be any issue. You can join another company after 6 months.
Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
2010 tattoo on girls ribs. tattoo
pd052009
03-09 11:39 AM
When I saw the post from Pappu, I thought we have some good news in this bulletin. I was wrong.. We need to do some back ground work(lobbying) before expecting some good news.
more...
shreekhand
08-16 03:14 PM
Yes, perhaps people don't post these type of investigations. If you have heard any N-400 issues (from your corporate position) about someone caused by leaving the petitioning employer soon after GC then let us know, otherwise it is one of the rarest of rare issues. My attorney clearly mentioned to me that he has seen no such issues in his long career when someone left the employer soon after.
Coming back to the AC21...if someone changes to a similar job after 180+ days after filing I-485 and informs USCIS of it and then gets a GC, there is no question of any wrongdoing. If USCIS wants to do their audit investigations I wouldn't care an iota about their investigations as long as I have the right paperwork with me.
Secondly in a non-AC21 case even if one leaves the job of the petitioning company immedaitely how does the intent become questionable when the person is working for the same company for several (5+) years. On the contrary it would be easy to prove the intent here.
I'm just curious as to how many postings you see on these boards where a persons case has been denied; DOL/USCIS has visited their home; their visa got cancelled by consultate when h-4 went for stamping; got caught in interview lying; DOL investigating companies, etc...
People do not post these types of issues on immigration forums.
Coming back to the AC21...if someone changes to a similar job after 180+ days after filing I-485 and informs USCIS of it and then gets a GC, there is no question of any wrongdoing. If USCIS wants to do their audit investigations I wouldn't care an iota about their investigations as long as I have the right paperwork with me.
Secondly in a non-AC21 case even if one leaves the job of the petitioning company immedaitely how does the intent become questionable when the person is working for the same company for several (5+) years. On the contrary it would be easy to prove the intent here.
I'm just curious as to how many postings you see on these boards where a persons case has been denied; DOL/USCIS has visited their home; their visa got cancelled by consultate when h-4 went for stamping; got caught in interview lying; DOL investigating companies, etc...
People do not post these types of issues on immigration forums.
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coopheal
10-07 11:18 AM
Could be -ve too .We will all be surprised if we see a +ve movement.
We have been watching VBs ever since Jan 2005 when priority dates were added.
. 1/1/2005 10/1/2008
------------------------------------
All - C 1/1/2005
CH - 1/1/2002 10/1/2001
IN - 1/1/2002 7/1/2001
ME - C 7/1/2002
PH - 1/1/2002 1/1/2005
ROW has shown some progress, but CH, IN, ME is behind what was in 2005. Thats almost 4 years after re-introduction of priority dates.
We need a solution now.
We have been watching VBs ever since Jan 2005 when priority dates were added.
. 1/1/2005 10/1/2008
------------------------------------
All - C 1/1/2005
CH - 1/1/2002 10/1/2001
IN - 1/1/2002 7/1/2001
ME - C 7/1/2002
PH - 1/1/2002 1/1/2005
ROW has shown some progress, but CH, IN, ME is behind what was in 2005. Thats almost 4 years after re-introduction of priority dates.
We need a solution now.
more...
snathan
08-10 10:37 PM
Dont know if is authentic
Pederson Immigration Law Group, P.C. - Priority Dates Progress - September Visa Bulletin Announced! (http://www.usvisainfo.com/content/view/166/1/)
But the DOS/USCIS bulletin still shows only the Aug dates
Pederson Immigration Law Group, P.C. - Priority Dates Progress - September Visa Bulletin Announced! (http://www.usvisainfo.com/content/view/166/1/)
But the DOS/USCIS bulletin still shows only the Aug dates
hot girlfriend Tattoo on Ribs for
floridasun
04-19 06:39 PM
good post... agreed for the most except - yes this is how free market enterprise works but this is also how economy is so vibrant and so many jobs are generated although US has only 300 million ppl most of whom are under-educated. if you are saying ppl in 30's should look elsewhere - where would so many ppl look jobs for ? why not they stick here for few more years and when time comes (read it as when they are forced to leave the country), they just go back to home country and make use of saved money/401k etc in their local currency. also focus on their kids.
Politicians always want to keep issues alive! If issues go away, there is nothing to fight, nothing to talk in the elections; without issues you cannot get "bulk" support from any specific group! So, the so called CIR will remain a "perpetual carrot". It will never happen in our life time.
We are all mature, educated people from a highly politically conscious environment! So...we are not naive, I am sure!
I take this opportunity to summarize a few things which have happened in the context of "long term indentured" labourers like us:
1. Quantum jump in terms of H1 ---> about 8 / 9 years back [happened because of pressure from corporations and their lobbies, nothing to with us. they wanted cheap labour and more profits!]
2. "Free for all" L1s ---> There is no cap, no specialty skill requirement. Not even sure if this has a min wage like H1. Why? Only because it serves the interests of the corporations to import 80% of the work force in any project!
3. Yearly H1 extensions based on Labour approvals / 3 year extensions for I 140 cases ---> When the "slaves" started returning after 6 years (without GCs being approved) the corporations growled and again the lobbies worked day and night. This has nothing to do with our pleading!
4. AC 21 ---> This is a good feature with a humane angle, but again there is NO WRITTEN MEMO permitting the employees to switch jobs 6 months after receving their EADs! This has been clearly articulated in a new item by Murthy.com! So AC21 is NOT a fool proof mechanism!
If the employer withdraws his I 140 there is a fair chance that 485 might be denied. (as per Murthy.com, there are a number of cases where such denials have happened). Again INS will never issue a memo, because it will antagonize the corporations
5. EAD / AP merger ---> this is a minor change in procedure, an admin fix! This is not a policy change. Full credit to several immigration forums and pleadings. However, this is not going to help many of us as our AP / EAD dates vary by several weeks and we might not be able to file them together
So, after 10 + years pleading, we have been able to get an admin fix :) That is amazing!!! Under the circumstances we cannot even dream of any legislative support or correction! Instead of Chinese / Indians in the endless line had citizens of the EU nations been affected, everything would have been fixed ages back!
Everyone is interested in the illegals and their "hard working" school children! That is because of the money, muscle, vote power they wield! Even if they were to have 1% of the law on their side, they would have achieved their objective ages back! They are holding us hostage because we have 100% of the law on our side and they have 0% of the law on their side. Otherwise, why should we law abiding immigrants be grouped with people who jumped fence?
Think...does this make sense at all? Correct me if I am wrong! I will accept my mistakes with all humility!
How is the CIR even relevant in our case? Did we do anythng illegal????
What are we all waiting for? ~ ~ ~
Honestly, NOTHING but the WILL of the SUPREME POWER can help us !!! (more than 99% of the population are believers, anyway)
Youngsters in the early to mid 30s with "non US citizen kids" please think seriously. Do not waste your time in this mess for decades. We have all suffered for 10 - 12 years now and have no options. If you cross the age of 40 then you cannot immigrate to any western country because you will lose in the "points system". It would be a good option to live in countries who have a clear cut time bound program which does not discriminate on the basis of your nationality.
When the corporations wanted you and I, H1 was increased - no one was bothered about your nationality at that time. Today when we want a future for our family and kids, people talk about quota and diversity! This is what is known as "Having the cake and eating it too"
Remember, the system has been designed to support and ensure long term indentured labour to sustain the greedy corporations! There is no place for empathy or compassion. It is business! It is money! Free market enterprise works this way!
If we are expecting miracles, we are chasing a mirage!!!
May the SUPREME POWER bless the EB2 / EB3 communities and give them the strength, resilience and the patience they badly need!!!
Politicians always want to keep issues alive! If issues go away, there is nothing to fight, nothing to talk in the elections; without issues you cannot get "bulk" support from any specific group! So, the so called CIR will remain a "perpetual carrot". It will never happen in our life time.
We are all mature, educated people from a highly politically conscious environment! So...we are not naive, I am sure!
I take this opportunity to summarize a few things which have happened in the context of "long term indentured" labourers like us:
1. Quantum jump in terms of H1 ---> about 8 / 9 years back [happened because of pressure from corporations and their lobbies, nothing to with us. they wanted cheap labour and more profits!]
2. "Free for all" L1s ---> There is no cap, no specialty skill requirement. Not even sure if this has a min wage like H1. Why? Only because it serves the interests of the corporations to import 80% of the work force in any project!
3. Yearly H1 extensions based on Labour approvals / 3 year extensions for I 140 cases ---> When the "slaves" started returning after 6 years (without GCs being approved) the corporations growled and again the lobbies worked day and night. This has nothing to do with our pleading!
4. AC 21 ---> This is a good feature with a humane angle, but again there is NO WRITTEN MEMO permitting the employees to switch jobs 6 months after receving their EADs! This has been clearly articulated in a new item by Murthy.com! So AC21 is NOT a fool proof mechanism!
If the employer withdraws his I 140 there is a fair chance that 485 might be denied. (as per Murthy.com, there are a number of cases where such denials have happened). Again INS will never issue a memo, because it will antagonize the corporations
5. EAD / AP merger ---> this is a minor change in procedure, an admin fix! This is not a policy change. Full credit to several immigration forums and pleadings. However, this is not going to help many of us as our AP / EAD dates vary by several weeks and we might not be able to file them together
So, after 10 + years pleading, we have been able to get an admin fix :) That is amazing!!! Under the circumstances we cannot even dream of any legislative support or correction! Instead of Chinese / Indians in the endless line had citizens of the EU nations been affected, everything would have been fixed ages back!
Everyone is interested in the illegals and their "hard working" school children! That is because of the money, muscle, vote power they wield! Even if they were to have 1% of the law on their side, they would have achieved their objective ages back! They are holding us hostage because we have 100% of the law on our side and they have 0% of the law on their side. Otherwise, why should we law abiding immigrants be grouped with people who jumped fence?
Think...does this make sense at all? Correct me if I am wrong! I will accept my mistakes with all humility!
How is the CIR even relevant in our case? Did we do anythng illegal????
What are we all waiting for? ~ ~ ~
Honestly, NOTHING but the WILL of the SUPREME POWER can help us !!! (more than 99% of the population are believers, anyway)
Youngsters in the early to mid 30s with "non US citizen kids" please think seriously. Do not waste your time in this mess for decades. We have all suffered for 10 - 12 years now and have no options. If you cross the age of 40 then you cannot immigrate to any western country because you will lose in the "points system". It would be a good option to live in countries who have a clear cut time bound program which does not discriminate on the basis of your nationality.
When the corporations wanted you and I, H1 was increased - no one was bothered about your nationality at that time. Today when we want a future for our family and kids, people talk about quota and diversity! This is what is known as "Having the cake and eating it too"
Remember, the system has been designed to support and ensure long term indentured labour to sustain the greedy corporations! There is no place for empathy or compassion. It is business! It is money! Free market enterprise works this way!
If we are expecting miracles, we are chasing a mirage!!!
May the SUPREME POWER bless the EB2 / EB3 communities and give them the strength, resilience and the patience they badly need!!!
more...
house Flower tattoos on ribs which
EkAurAaya
05-14 05:20 PM
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
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skd
07-09 12:15 PM
OK then I will send it Now
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unitednations
04-20 12:11 PM
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from you.....one from your eb3 application and two from your high risk eb2 application which will eventually be rejected.
This is a very simple assessment.
These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from you.....one from your eb3 application and two from your high risk eb2 application which will eventually be rejected.
This is a very simple assessment.
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terriblething
06-12 03:01 AM
I was charged Class 1 misdemeanor with battery at California. If I finally reject DA offer (only waive Jail time, but keep the same charge and 52 weeks anger control classes plus 3 yr probation), I have to go jury trial middle of July.
My wife and I just kid around at our apartment, she suddenly scream as pee on pants. (probably from my holding, but at least it is un-intent accident) but she did not tell me the reason that time. As she scream very loudly like be out of control. I try to comfort her but no result :(. Then 2 neighbors call 911. Cop comes, my wife said we kidding around, but not say the real reason for embarassment, sure there is no injury, no mark. But I am so stupid to describe the detail and said word "drag", In my poor English, drag is not that serious. Actually I just lift and hold my wife and try to move her to study room as she want to go there. That's all. But that time, I did not realize that serious. That cop record I am irritated and drag my wife's hand and push her to computer chair ( I really not said that push to chair thing), then she screaming! I was immediatedly arrested that time and leave the fingerprint at police office.
Then I hired a criminal attorney, but DA refuse to dismiss or reduce my class 1 level charge. Only waive the jail time. My attorney said my own statement is not good for me and easy to be attacked.... he tried to persuade me accept offer... :(
I feel really upset but hardly to accept DA's plead to guilty offer. Both my wife and I think I did nothing wrong. Now my wife try to contact DA through email.
I prepare the worst thing, if lose the case in jury, will my GC gone? I filed 485 last June and fingerprint August/2007. The arrest happen at earlier March. And worst case, will I be deported immediately? Now I still in H1, expired at 2011.
Really appreciated if you can give me any advice.:(
My wife and I just kid around at our apartment, she suddenly scream as pee on pants. (probably from my holding, but at least it is un-intent accident) but she did not tell me the reason that time. As she scream very loudly like be out of control. I try to comfort her but no result :(. Then 2 neighbors call 911. Cop comes, my wife said we kidding around, but not say the real reason for embarassment, sure there is no injury, no mark. But I am so stupid to describe the detail and said word "drag", In my poor English, drag is not that serious. Actually I just lift and hold my wife and try to move her to study room as she want to go there. That's all. But that time, I did not realize that serious. That cop record I am irritated and drag my wife's hand and push her to computer chair ( I really not said that push to chair thing), then she screaming! I was immediatedly arrested that time and leave the fingerprint at police office.
Then I hired a criminal attorney, but DA refuse to dismiss or reduce my class 1 level charge. Only waive the jail time. My attorney said my own statement is not good for me and easy to be attacked.... he tried to persuade me accept offer... :(
I feel really upset but hardly to accept DA's plead to guilty offer. Both my wife and I think I did nothing wrong. Now my wife try to contact DA through email.
I prepare the worst thing, if lose the case in jury, will my GC gone? I filed 485 last June and fingerprint August/2007. The arrest happen at earlier March. And worst case, will I be deported immediately? Now I still in H1, expired at 2011.
Really appreciated if you can give me any advice.:(
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hopefulgc
03-31 10:48 AM
Hopefully EB3 should see some movement in this bulletin
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alterego
10-04 12:10 PM
I agree that the current political climate is so screwed up that, they are not doing anything except in a reactionary way. Part of it is a lack of visionary leadership, "W" has hardly been able to unite the country behind much legislation. The Congressmen have been too entrenched in political gamesmanship and more interested in political survival than the broader national interest. Nothing illustrated this more than the recent bailout legislation. Noone liked it but clearly there was no other option either. The lack of conviction in the way congress approached it however means, they spent 840 billion (instead of 700) and even that seems too little too late. And it might even end up being the first of many more bailouts. Sometimes you indeed can be too late to help out and drag it out more than necessary. Much is all about perception and confidence. Finally, vocal special interests who have selfishness and ideology at heart have no doubt contributed to this toxic mess, and elected officials seem less and less able to divorce themselves of their undue influence (it was not always that way in this country).
The one saving grace is that an election is in the offing. Honestly it will be a breath of fresh air, no matter who is elected. Someone can then project some leadership and actually get something done. This last 4 yr term has been especially useless in terms of getting anything at all done, not just on the immigration front but any front at all.
The one saving grace is that an election is in the offing. Honestly it will be a breath of fresh air, no matter who is elected. Someone can then project some leadership and actually get something done. This last 4 yr term has been especially useless in terms of getting anything at all done, not just on the immigration front but any front at all.
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forever
06-12 08:31 PM
I agree with the analysis given by willwin. In fact, I was thinking on similar lines. If no visas are wasted and total number of pending employment based visas is around 200,000 as given by Mr. Op.. himself, I do not see any reason why dates do not move. My estimation is both EB-2 and EB-3 dates for China and India will hover in the range of 2005 ~ 2006. This estimation is based on number of applications filed during Pre-PERM and Post-PERM era with two recessions taking the toll on number of applications received by USCIS.
Only assumptions in the above analysis are
1. Figures given by Mr. Op.. is somewhat correct. (Seems to be correct based on monthly statistics released by USCIS since 2008)
2. USCIS does not intend to waste visas.(This also can be safely assumed as they are following the policy of not wasting for the last two years)
3.No country limit. (This seems correct if point 2 is correct)
Now guys, do not disturb my dream.:)
Only assumptions in the above analysis are
1. Figures given by Mr. Op.. is somewhat correct. (Seems to be correct based on monthly statistics released by USCIS since 2008)
2. USCIS does not intend to waste visas.(This also can be safely assumed as they are following the policy of not wasting for the last two years)
3.No country limit. (This seems correct if point 2 is correct)
Now guys, do not disturb my dream.:)
indyanguy
01-22 12:28 PM
I don't think any analysis is done. That is only going to divide the community.
Some would say preference be given to EB category benefiting EB2(I&C).
Some would say PD should be given preference predominantly benefiting EB3(I).
If they follow the current spill-over rules, as you are aware, EB category would be given preference.
Thanks for the reply. I am not sure how that will divide the community. As per USCIS laws currently, the spillover is horizontal. Based on this assumption, will EB3-I get any visas if the recapture is successful?
Some would say preference be given to EB category benefiting EB2(I&C).
Some would say PD should be given preference predominantly benefiting EB3(I).
If they follow the current spill-over rules, as you are aware, EB category would be given preference.
Thanks for the reply. I am not sure how that will divide the community. As per USCIS laws currently, the spillover is horizontal. Based on this assumption, will EB3-I get any visas if the recapture is successful?
bugsbunny
04-21 02:48 PM
Mother fucker I am not married and I dont have kids.
My friend you use sarcasm all the time :)...some even in bad taste :rolleyes:...what happened to MC sense of humor :)
My friend you use sarcasm all the time :)...some even in bad taste :rolleyes:...what happened to MC sense of humor :)
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