zen
04-06 04:37 PM
what you say above is true. but the fact is that we are what we are ..and we are at cross roads ..and that is where we are.
the main question is how do we increase membership .. the answer to that has to be in meaningful and visible campaigns.
forcing people to pay money when their jobs are at risk will not increase membership.
the main question is how do we increase membership .. the answer to that has to be in meaningful and visible campaigns.
forcing people to pay money when their jobs are at risk will not increase membership.
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neel_gump
05-11 10:46 AM
excellento.
snehaledu
04-16 12:26 PM
And the point of this entire thread is?????
Start investing money in India.
r u IV Policeman? Can I see your badge?
Start investing money in India.
r u IV Policeman? Can I see your badge?
2011 Sean Kingston – Roll Up
jsb
03-25 12:46 PM
Why don't we all campaign to ask for a time out on all immigration. Just stop all immigration until it is fixed. :D:D
Because accordiing to your post you want your geencard but do not want others who filed in perm to proceed further.
In my proposal, if I cannot get my greencard, then nobdy else should. This is more fair.:D
What Happyfeet has said makes logical sense, though none of the above proposals impact me. Whoever applied first, should be served first, isn't it logical? We all know, Priority Date is not used for prioritising approvals. It is just a date on your application, which can stop your application from progressing further, if looked at, at the wrong time. Why not simply ask for approving in PD order.
Because accordiing to your post you want your geencard but do not want others who filed in perm to proceed further.
In my proposal, if I cannot get my greencard, then nobdy else should. This is more fair.:D
What Happyfeet has said makes logical sense, though none of the above proposals impact me. Whoever applied first, should be served first, isn't it logical? We all know, Priority Date is not used for prioritising approvals. It is just a date on your application, which can stop your application from progressing further, if looked at, at the wrong time. Why not simply ask for approving in PD order.
more...
moosh
07-01 10:58 PM
I appreciate if someone answerer my question. I am sure this information will help the others too.
1-I-140 approved
2-PD became current 2 months ago( according to VB website)
3-Still I did not received any letter regarding my approval and fees which I have to pay to begin CP
4-How long will take till I receive my interview?( in Montreal/ Canada)
Thank You
1-I-140 approved
2-PD became current 2 months ago( according to VB website)
3-Still I did not received any letter regarding my approval and fees which I have to pay to begin CP
4-How long will take till I receive my interview?( in Montreal/ Canada)
Thank You
browncow
06-09 09:25 PM
I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.
I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
YOu stole my profile picture, stop doing that, or you WILL fail.
I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
YOu stole my profile picture, stop doing that, or you WILL fail.
more...
laborpains
08-05 11:20 AM
If your application is an SRC then:
call (800) 375 � 5283 then 1-2-1-recpt number-1-1-wait for recorded status-3-4 speak with customer service.
Thank you for the info!
call (800) 375 � 5283 then 1-2-1-recpt number-1-1-wait for recorded status-3-4 speak with customer service.
Thank you for the info!
2010 “Roll Up” and he picked a
willwin
06-12 02:01 PM
One big missing piece in your analysis - Country quota.
As per your analysis, there are around 125K pending cases. If there is no spill over (that is the case this year and that will be the case for the coming years as per State dept.), then EB3-I or EB2-I gets only 2700 visas per year.
Now, please redo your math and you can easily see that the current retrogress might look like there is hardly any retrogression.
country quota will not impact I and C once the dates are current for ROW due to the spillover. If the number of applications pending is, say 100K and 95 K out of that are I and C. And assume 10K applications from ROW are add to the queue, what I am saying is all 110K will be cleared by end of the fiscal year.
As per your analysis, there are around 125K pending cases. If there is no spill over (that is the case this year and that will be the case for the coming years as per State dept.), then EB3-I or EB2-I gets only 2700 visas per year.
Now, please redo your math and you can easily see that the current retrogress might look like there is hardly any retrogression.
country quota will not impact I and C once the dates are current for ROW due to the spillover. If the number of applications pending is, say 100K and 95 K out of that are I and C. And assume 10K applications from ROW are add to the queue, what I am saying is all 110K will be cleared by end of the fiscal year.
more...
realizeit
02-11 12:05 PM
This is an amazing forum, and I would like to thank you all for the useful information.
I know, it's going to be a long journey, but a start would definitely help.
Thanks, :)
You may have an alternate option without taking the MS...
See the following link: RAMPS International INC. - Immigration Information (http://www.rampscorp.com/immigration.htm)
In the case of H1 it says: "....An accredited United States evaluation company can provide an evaluation whereby three years of progressive work experience are considered equivalent to one year of college education in the event the foreign national has only a three year bachelors degree....".
So, I think it is really worthy to explore whether it is possible to convert 3 years of experience into 1 year equivalent of education.
I do not think, you really need to take an MS to be considered for EB2. Contact Murthy law firm, I think they will definitely be able to handle difficult cases like this.
Or else, you just take a 20 minute appointment with one of their experienced lawyers and they will be able to give you a firm answer. It costs somewhere between $150 and $250 for a 20 mt appointment.
I know, it's going to be a long journey, but a start would definitely help.
Thanks, :)
You may have an alternate option without taking the MS...
See the following link: RAMPS International INC. - Immigration Information (http://www.rampscorp.com/immigration.htm)
In the case of H1 it says: "....An accredited United States evaluation company can provide an evaluation whereby three years of progressive work experience are considered equivalent to one year of college education in the event the foreign national has only a three year bachelors degree....".
So, I think it is really worthy to explore whether it is possible to convert 3 years of experience into 1 year equivalent of education.
I do not think, you really need to take an MS to be considered for EB2. Contact Murthy law firm, I think they will definitely be able to handle difficult cases like this.
Or else, you just take a 20 minute appointment with one of their experienced lawyers and they will be able to give you a firm answer. It costs somewhere between $150 and $250 for a 20 mt appointment.
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GCOP
03-21 01:46 PM
I just wanted update this thread with my experience. Could be helpful to people like me who searched many forums frantically. I have 10th year h1b extension valid upto 2010. Instead of going for stamping at US consulate in India, I decided to use advance parole. Most troubling thing about my history was that I had one dwi (Driving While Intoxicated with Alcohol) offense. It is not a deportable offense. However, I was concerned that it would show up at port of entry and they could ask me to go back for consulate processing. I kept all my case related court documents handy. This is very important for anyone travelling with dwi or other serious charges against them.
Officer directed me to the secondary inspection. Another officer there entered my information into the computer and after making gazillion keystrokes, he stamped my advance parole document/I-94 with 1 year validity. I got up from the chair when he called my name, walked upto his counter and took my documents from him. NO QUESTIONS ASKED. NO BIOMETRICS.
Hope this helps others.
Can you please clarify, what details did you fill in following columns of I-94.
1) Name of the City where Visa was issued: ( Did you write Advance Parole ?)
2) Date of Visa Issued: ( Did you write Date of issuing Parole ?)
My wife has gone to India. She has her Passport with her two Parole Approvals and her new extended H-4 Approval. Does she need anything else other than these documenys ?
I will appreciate your Input for the above questions. Thanks
Officer directed me to the secondary inspection. Another officer there entered my information into the computer and after making gazillion keystrokes, he stamped my advance parole document/I-94 with 1 year validity. I got up from the chair when he called my name, walked upto his counter and took my documents from him. NO QUESTIONS ASKED. NO BIOMETRICS.
Hope this helps others.
Can you please clarify, what details did you fill in following columns of I-94.
1) Name of the City where Visa was issued: ( Did you write Advance Parole ?)
2) Date of Visa Issued: ( Did you write Date of issuing Parole ?)
My wife has gone to India. She has her Passport with her two Parole Approvals and her new extended H-4 Approval. Does she need anything else other than these documenys ?
I will appreciate your Input for the above questions. Thanks
more...
gcseeker2002
12-10 04:54 PM
Is the use of EAD possible from 180 days after Receipt date or notice date ? I just crossed the 160 day mark, but I still dont have EAD. Can I use the requirement to use EAD(like a pending job offer) as a reason for Emergency to expedite my EAD, the uscis folks want some real reason to expedite the EAD application.
Folks, please suggest to my question.
Folks, please suggest to my question.
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Winner
04-02 04:49 PM
Dude, i dunno about this...
But this guy was correct for the last month about the retrogression about EB3-ROW....
BR
Even a broken clock is right twice a day. I just think it�s a waste of time 'predicting'
Anyways, don't you think we should behave a little better in public forums? (I'm referring to the language in your post)
But this guy was correct for the last month about the retrogression about EB3-ROW....
BR
Even a broken clock is right twice a day. I just think it�s a waste of time 'predicting'
Anyways, don't you think we should behave a little better in public forums? (I'm referring to the language in your post)
more...
house Wiz Khalifa Gets Boastful On
desi3933
06-25 07:15 AM
My wife does not ahve paystubs from Oct 06 to Dec 06 and no W2 for year 2006. SO I would need a absence letter. Any for mat of letter would be appreciated.
We have paystubs from jan 07 to Jun 07 and plan to leave in July after filing 485 and plan to re enter in August using unexpired H4 visa.
I know of someone who used unexpired H4 visa in spite of being on H1 before leaving US
Any issues with above scenario?
What is the approval date for her H1-B?
Using unexpired H4 visa for re-entry is no problem. At the time of entry in US, it does matter what status you were on last visit as long as one has not accumulated > 180 days in unlawful presence (i.e. stay beyond I-94 date).
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
We have paystubs from jan 07 to Jun 07 and plan to leave in July after filing 485 and plan to re enter in August using unexpired H4 visa.
I know of someone who used unexpired H4 visa in spite of being on H1 before leaving US
Any issues with above scenario?
What is the approval date for her H1-B?
Using unexpired H4 visa for re-entry is no problem. At the time of entry in US, it does matter what status you were on last visit as long as one has not accumulated > 180 days in unlawful presence (i.e. stay beyond I-94 date).
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
tattoo Video+Photosquot;ROLL UPquot; Wiz
pappu
04-02 12:54 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.
Please do not misinterpret IV.
If tomorrow there is a bill to stop all H1B from coming to USA or to make life difficult for H1B, do you really think we will keep quiet just because we have filed our greencards?
Do you know IV worked hard for decoupling of H4 time from H1 in 2006 and we thought nothing may happen and started to focus on next action item. Then few months later it was changed. That was the first small step.
I would appreciate if you ask your spouse if she/he can volunteer time for IV. You both can get more involved. Send us an email if you are interested. We are always interested in people who can volunteer more time than us (We do full time jobs too. A couple of us also are enrolled in a part time degree program). We are willing to have such an H4 be a leader in IV.
IV is a platform that will allow you voice your plight. But you will need to come forward and be willing to actively work on it with others. If the strategy is right, you are committed and have right intentions there is no reason why IV will not help.
Please do not misinterpret IV.
If tomorrow there is a bill to stop all H1B from coming to USA or to make life difficult for H1B, do you really think we will keep quiet just because we have filed our greencards?
Do you know IV worked hard for decoupling of H4 time from H1 in 2006 and we thought nothing may happen and started to focus on next action item. Then few months later it was changed. That was the first small step.
I would appreciate if you ask your spouse if she/he can volunteer time for IV. You both can get more involved. Send us an email if you are interested. We are always interested in people who can volunteer more time than us (We do full time jobs too. A couple of us also are enrolled in a part time degree program). We are willing to have such an H4 be a leader in IV.
IV is a platform that will allow you voice your plight. But you will need to come forward and be willing to actively work on it with others. If the strategy is right, you are committed and have right intentions there is no reason why IV will not help.
more...
pictures (Pics) quot;Roll Upquot; Video Shoot
ursosweet
07-19 03:55 PM
.....EB2, India, May 2006, reached July 2, 2007 @9:01 AM via FEDEX 140 pending since 10/2006 @NSC.
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bsbawa10
07-01 10:19 PM
These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.
Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.
freedom_fighter, your words are very strong but everything you say is a truth.
Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.
freedom_fighter, your words are very strong but everything you say is a truth.
more...
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abhishek101
04-03 12:41 PM
I have known these fence sitters and claimers of all the intelligence in the world for long. In my personal life I have started ignoring them and we can do the same in this effort.
Let these people shout (because that is all they can do rather than real work). If somebody shouts a lot ban him from the board and let's proceed peacefully.
Opposing ideas from active members are always appreciated but someone who just knows how to oppose but never do anything kills motivation. Whether right or wrong it is a bad call for any plan.
So even if somebody thinks he/she is giving good advice but they are not doing anything to help us let's kick them out.
Let these people shout (because that is all they can do rather than real work). If somebody shouts a lot ban him from the board and let's proceed peacefully.
Opposing ideas from active members are always appreciated but someone who just knows how to oppose but never do anything kills motivation. Whether right or wrong it is a bad call for any plan.
So even if somebody thinks he/she is giving good advice but they are not doing anything to help us let's kick them out.
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EkAurAaya
05-14 05:20 PM
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
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dummgelauft
03-17 11:39 AM
I have an Idea, instead of all of us spending time in making useless predictions, why not engage an astrologer from India, pay him a few hundred dollars, create him an account and have him run the "Bulletin Patra" (Like Janam Patra) every month?
LostInGCProcess
11-18 11:10 AM
I wasn't moral policing, I was just laying out the legal stand that anybody can have under these circumstances. I am sure that the so called "Desi shop owner" is not so dumb to so flagrantly violate the law when his employee is going by the book, unless the employee is seriously gullible.
I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.
sc3, your argument is totally wrong. The employer has violated the H1B rules and most of the employees who come from India for the first time may not know that its illegal to foot the charge for H1b.
Its like telling a woman not to complain to the authorities about the abusive husband, if the husband beats her up, stating that she know it was wrong and so she is party to the wrong doing. Common man!!!
If you are stuck and are exploited, there are protections in Law that would not come after you. There are immunities that apply.
H1B guy, the best course of action for you, in my opinion:
1) consult an attorney.
2) gather as much evidence as possible related to the charging for H1B.
3) find another project.
4) Try to record the conversation between you and your employer. Most state allow to one party consent except California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
You don't have to be afraid of a company that is doing business unethically.
Good Luck!!!
I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.
sc3, your argument is totally wrong. The employer has violated the H1B rules and most of the employees who come from India for the first time may not know that its illegal to foot the charge for H1b.
Its like telling a woman not to complain to the authorities about the abusive husband, if the husband beats her up, stating that she know it was wrong and so she is party to the wrong doing. Common man!!!
If you are stuck and are exploited, there are protections in Law that would not come after you. There are immunities that apply.
H1B guy, the best course of action for you, in my opinion:
1) consult an attorney.
2) gather as much evidence as possible related to the charging for H1B.
3) find another project.
4) Try to record the conversation between you and your employer. Most state allow to one party consent except California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
You don't have to be afraid of a company that is doing business unethically.
Good Luck!!!
sangmami
06-18 04:29 PM
I am on H1 and my wife on H4. Can she apply for EAD while I do not ( I would prefer to extend my H1) after we both apply for 485?
Thanks
Thanks
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