eb2waiter
05-14 03:05 PM
you are right. People in such situations are hesitant. But the important thing to know is you have all the rights as would a citizen or PR, to fight illegal actions.
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Michael chertoff
04-21 02:06 PM
thanks Michael chertoff
Not baby sitter. I want to take care of my parents.
it is part of our culture, we all live together forever.
why dont you go back to home and live with them. keep visiting US to maintain your GC,.
Not baby sitter. I want to take care of my parents.
it is part of our culture, we all live together forever.
why dont you go back to home and live with them. keep visiting US to maintain your GC,.
GC08
09-22 11:14 AM
Incase anyone is interested the Sept 21 receipting update is now published:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
Not that it does much good since it doesn't really mean much..
Didn't want to start a new thread for this.
We know it does not mean anything and may even simply be lies, we still anxiously wait for it, hoping miracles happen, day after day, week after week, year after year... :-)
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
Not that it does much good since it doesn't really mean much..
Didn't want to start a new thread for this.
We know it does not mean anything and may even simply be lies, we still anxiously wait for it, hoping miracles happen, day after day, week after week, year after year... :-)
2011 motivational quotes wallpaper.
walking_dude
08-14 10:58 AM
EADs include special security measures to prevent counterfeiting and forgery. Only certain centers have the machinery needed to produce these cards. Since EADs are used as REAL ID for travel and DL etc., USCIS decided to stop issuing Interim EADs at Field Offices.
So despite what USCIS memo says I am concerned that Interim EADs are unlikely to be issued (this point in the memo might be an oversight by the officer who issued it). AFAIK Field Offices can only make a request to expedite the case. I would like to know if anyone has got Interim EAD recently. If so let us know!
You can find your Senators/Congressmen here
Senate - http://www.senate.gov/general/contact_information/senators_cfm.cfm ( Choose your State in the dropdown)
Representative - http://www.house.gov/htbin/zipfind. Full ZIP Code + 4 may be needed to find the Rep. You can get your Zip Code + 4 here - http://zip4.usps.com/zip4/welcome.jsp
So despite what USCIS memo says I am concerned that Interim EADs are unlikely to be issued (this point in the memo might be an oversight by the officer who issued it). AFAIK Field Offices can only make a request to expedite the case. I would like to know if anyone has got Interim EAD recently. If so let us know!
You can find your Senators/Congressmen here
Senate - http://www.senate.gov/general/contact_information/senators_cfm.cfm ( Choose your State in the dropdown)
Representative - http://www.house.gov/htbin/zipfind. Full ZIP Code + 4 may be needed to find the Rep. You can get your Zip Code + 4 here - http://zip4.usps.com/zip4/welcome.jsp
more...
thomachan72
05-31 10:03 AM
Nurses are part of EB. This nill has many benefits. More nurses will be out of greencard queue leaving others more chance. US has acute nurses shortage. It is well documented. There is not much shortage of IT professionals . Unemployment is so high. But nurses are in demand and it is important for the healthcare of the nation. Supporting the bill is a win win for everyone in EB wait.
Really? Nurses are part of EB?? I was not aware of that. Which catagory EB3? EB2? Just curious. Either way i dont think the president is going to support this one.
Really? Nurses are part of EB?? I was not aware of that. Which catagory EB3? EB2? Just curious. Either way i dont think the president is going to support this one.
nikh
10-24 03:47 PM
july 2nd filer
http://www..com/discuss/485eb/63774255/
http://www..com/discuss/485eb/63774255/
more...
ivslave
09-11 04:18 PM
I understand.... but you know how one thinks..... when you are deciding something... you look around.... ask around.....
2010 #39;A Daily Inspirational Quote
tiinap
09-25 06:54 PM
I support this idea of a Silicon Valley rally. I also think that for our next rally we first need need some new concept or central idea that will make us heard loud and clear and get even more national attention. I guess we all agree that the next rally shouldn't be simply a repeat of DC in a different location, but in some way take things to the next level.
Our ranks are much smaller than the 12 million illegal immigrants, so we cannot get noticed based on sheer numbers alone. To get attention we need original & effective ideas. Like the flower campaign.
One idea that we could use in our next rally is to ask each participant to come with a sign that reads "Waiting since (year)" where the date is when you first came to the US as a student or H1 or J1. In my case that's 1999 and I'm not even able to get in line for a green card.
Our ranks are much smaller than the 12 million illegal immigrants, so we cannot get noticed based on sheer numbers alone. To get attention we need original & effective ideas. Like the flower campaign.
One idea that we could use in our next rally is to ask each participant to come with a sign that reads "Waiting since (year)" where the date is when you first came to the US as a student or H1 or J1. In my case that's 1999 and I'm not even able to get in line for a green card.
more...
gccovet
05-02 08:31 AM
comparing India and US by GDP does not make sense.(it is like comparing heaven and earth ..but though US may be rich ..the question is are you becoming rich here ..which varies from person to person) actually when you make a decision to go back ..the question to ask if do I have a better future in India or US. India is growing but you have rotten, stupid, dumbF, (you can keep adding adjectives here) politicians ..just see the recent quota policy endorsed by none other than Manmohan singh.
but if you feel family ties are more important, children will get better education in India //then make a move. but it is one way street as far as US is concerned ..because it is next to impossible to come back and start over again ..the good thing is US is losing its sheen while India is getting better in terms of jobs and other countries are becoming more welcome.
for many ..quality of life in India is much better (in terms of social / party life) ..and I guess they know how to play the system. one of my friends who is a US citizen ..is completely relocating to Pune ..taking with him 20 years of savings / investment ..
All things in life has PROS and CONS. Hindsight is always 20/20.
I recently visited India Western and Northern) after 4.5 years. I was totally shocked.. India has become better and better. But all better comes with some bad too. Like staying in USA has the same as well good and bad.
Anyways, we all made choice (we were not pushed/forced) to come here. Again, it is our own choice to go back if we want to. Also, if life in US is better or India is better, cannot be judged as it all depends on each individuals thinking and position.
I can tell you about my sister(Real sister), she and her family moved to Mumbai in 2006 and came back two months back. Both Sister and Bro-in-law were doing great here(became US citizens 5 years back), they wanted to move just because of kids. They came back because of their kids.
IMHO let’s put this topic to rest.
Regards,
GCCovet
but if you feel family ties are more important, children will get better education in India //then make a move. but it is one way street as far as US is concerned ..because it is next to impossible to come back and start over again ..the good thing is US is losing its sheen while India is getting better in terms of jobs and other countries are becoming more welcome.
for many ..quality of life in India is much better (in terms of social / party life) ..and I guess they know how to play the system. one of my friends who is a US citizen ..is completely relocating to Pune ..taking with him 20 years of savings / investment ..
All things in life has PROS and CONS. Hindsight is always 20/20.
I recently visited India Western and Northern) after 4.5 years. I was totally shocked.. India has become better and better. But all better comes with some bad too. Like staying in USA has the same as well good and bad.
Anyways, we all made choice (we were not pushed/forced) to come here. Again, it is our own choice to go back if we want to. Also, if life in US is better or India is better, cannot be judged as it all depends on each individuals thinking and position.
I can tell you about my sister(Real sister), she and her family moved to Mumbai in 2006 and came back two months back. Both Sister and Bro-in-law were doing great here(became US citizens 5 years back), they wanted to move just because of kids. They came back because of their kids.
IMHO let’s put this topic to rest.
Regards,
GCCovet
hair INSPIRATIONAL BIBLE VERSES 16
rimzhim
02-07 01:56 PM
i would really discourage ppl who are not insiders of nebraska uscis or whatever to scare ppl from filing eb2 or converting to eb2 from eb3. how do you know what nebraska is doing?
did not mean to discourage, just be prepared because after the 140 is rejected, you have to start all over again and you lose time in the process. BTW, ask any lawyer, and you will hear the same about Nebraska.
also if you have an MS and are eb-3, by all means transfer to EB-2 with a high rate of success --- again accding to my lawyer.
did not mean to discourage, just be prepared because after the 140 is rejected, you have to start all over again and you lose time in the process. BTW, ask any lawyer, and you will hear the same about Nebraska.
also if you have an MS and are eb-3, by all means transfer to EB-2 with a high rate of success --- again accding to my lawyer.
more...
desi3933
06-18 11:48 AM
If my priority date is retrogressed at the time of processing my EAD and AP, will USCIS keep the EAD and AP on hold? Or will they process EAD and AP and hold the I485?
Yes, EAD and AP are issued and renewed as long as I-485 application is pending. It does NOT matter if the PD is retrogressed.
----------------------------------
Permanent Resident since May 2002
Yes, EAD and AP are issued and renewed as long as I-485 application is pending. It does NOT matter if the PD is retrogressed.
----------------------------------
Permanent Resident since May 2002
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Green.Tech
02-23 11:23 AM
Let me guess, you are a pakistani terrorist. Now you are jealous that how come an Indian muslim win 2 oscars? How will you give out your hateful message to other pakistanis terrorists that indian muslims are being torchured, so you have to "save" indian muslims. Too bad, no pakistani got an oscar. I know why, because the terror capital of the world is going down the drain pretty fast.
.
Cool down, Sanju. I am a little surprised to read your flaming post, which buddyinfo didn't deserve. He/she didn't allude to anything that you are talking about. Usually, you write sensible posts. I will leave it at that.
.
Cool down, Sanju. I am a little surprised to read your flaming post, which buddyinfo didn't deserve. He/she didn't allude to anything that you are talking about. Usually, you write sensible posts. I will leave it at that.
more...
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srinivas_o
07-09 11:36 AM
I downloaded the 2004 file as you said and searched it, but could not find any information about my labor. Do you think the labor apps processed by backlog centers are in a separate file???
If you click on the link called "PERM" on the left hand side - there is an MDB file called 2004 (in a zip file). Try to download an Access reader and go for it.
If you click on the link called "PERM" on the left hand side - there is an MDB file called 2004 (in a zip file). Try to download an Access reader and go for it.
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PresidentO
04-02 12:17 PM
So here come the thing. Thats why i asked in my original post is IV just for people who have applied for Green card ? I wanted to know if they could address these issues as well . Regarding inability to work and self esteem , just stay in home for few days and then feel how much you loose. Man , its 21st century and ability to work is basic right.
First of all, IV is a grass roots org. I guess I dont need to tell what grass roots is. That means every one has to be a foot soldier in an effort. I understand that your problem is not the same as majority of the members here have. Thanks to IV on the VB fiasco. IV is not a share holder company that will give you results every Q. If you want accountability, you can find how the money is being spent. I guess some one posted it here very recently. Its publicly available on the net.
Based on my understanding, I can easily tell that IV has more than a full plate and neither funds nor grass roots efforts (there are few people who do the actual work. there are a lot who ask whether IV will do this or that. I guess they think every one else does the work than themselves) to push for H4's ability to work.
Oh wait a sec! While I have no issues with it, there will be a severe backlash on adding new workers. Again this is not my view. what you will get to hear if you go on the hill. Such provisions can be pushed when the economy is better and on a bigger vehicle such as CIR. In these times, just try not to get hit by Grassley & Durbin who will impose restrictions on the SC company you are working for. Imagine that!
While I agree that inability to work is a bad thing, I respectfully disagree that it causes a loss of self esteem. It results in a loss of self esteem when you have the opportunity to work, but you become a couch potato eating cheese curls and watching who wants to be a millionaire. You are encumbered by a stupid visa rule but not physically/legally encumbered to break out of it.
Obviously there are other things that are balancing or overpowering your spouse's inability to work, other wise you would be in Singapore or Canada or UKor where ever spouses are allowed to work.
First of all, IV is a grass roots org. I guess I dont need to tell what grass roots is. That means every one has to be a foot soldier in an effort. I understand that your problem is not the same as majority of the members here have. Thanks to IV on the VB fiasco. IV is not a share holder company that will give you results every Q. If you want accountability, you can find how the money is being spent. I guess some one posted it here very recently. Its publicly available on the net.
Based on my understanding, I can easily tell that IV has more than a full plate and neither funds nor grass roots efforts (there are few people who do the actual work. there are a lot who ask whether IV will do this or that. I guess they think every one else does the work than themselves) to push for H4's ability to work.
Oh wait a sec! While I have no issues with it, there will be a severe backlash on adding new workers. Again this is not my view. what you will get to hear if you go on the hill. Such provisions can be pushed when the economy is better and on a bigger vehicle such as CIR. In these times, just try not to get hit by Grassley & Durbin who will impose restrictions on the SC company you are working for. Imagine that!
While I agree that inability to work is a bad thing, I respectfully disagree that it causes a loss of self esteem. It results in a loss of self esteem when you have the opportunity to work, but you become a couch potato eating cheese curls and watching who wants to be a millionaire. You are encumbered by a stupid visa rule but not physically/legally encumbered to break out of it.
Obviously there are other things that are balancing or overpowering your spouse's inability to work, other wise you would be in Singapore or Canada or UKor where ever spouses are allowed to work.
more...
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av2004
07-02 10:45 AM
Friends, I read this article which is an opinion about President's immigration speech and loved most of it (coz it was quite unbiased and straightfoward opinion): Obama Fails to Square the Illegal-Immigration Circle - Victor Davis Hanson - The Corner on National Review Online (http://corner.nationalreview.com/post/?q=MWFlN2I4OTJmMWMxYzQwNzg5MDFiZmQxNmVkZTI2MWQ=)
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gemini23
08-27 12:17 PM
my friends licence has been invalid for about 2 months now. now he got the H1 extension approval he is waiting for. can he get his DL extension just by showing the h1 extension. or does he have to give the road test again. He lives in NJ.
more...
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maverick6993
03-27 12:01 PM
I dont know but i am sure talking to him wont harm. Also i had read about a guy who started a company and was stuck in India because of H1 stamping delays. I am searching for the article.
girlfriend Inspirational Quotes
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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sanjeev_2004
08-22 11:36 PM
Check this out.....
http://www..com/usa-immigration-trackers/i485-tracker1/
There are people from India with PD 2005 whose I-485's have been approved lately.
It wont happen again. after encashing I485 checks USICS will start I140 PP again to keep cashing money. once I140 backlog will be done then they will earn from EAD renewals.
Enjoy EAD..........
http://www..com/usa-immigration-trackers/i485-tracker1/
There are people from India with PD 2005 whose I-485's have been approved lately.
It wont happen again. after encashing I485 checks USICS will start I140 PP again to keep cashing money. once I140 backlog will be done then they will earn from EAD renewals.
Enjoy EAD..........
snathan
04-21 03:23 PM
To OP: Why didn't you add your parents to your GC application as your dependents? Check if you can do so now..?
I believe its only for spouse and unmarried kids under 21.
I believe its only for spouse and unmarried kids under 21.
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.
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