Guys,
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.
Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.
Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.
Hi,
Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.
I already requested my ex-employer not to revoke my H1B.
My questions are �
1. How much time I will get to transfer my H1B ?
2. What about my families H4 visa status ?
3. If it is out of status issue , then what should me my immediate action ?
Thanks in advance!
There is no hard and fast rule on number of days allowed for transfer after layoff, generally as long as you have pay stubs for last 1 /2 months there are no problems.
Now since you have already applied for transfer, it makes more sense to wait for result/approval.
you family's h4 status is tied with your h1 status.
IMO since you have now applied for transfer, you are not out of status. So nothing else to do other than wait for USCIS response.
HTH and sorry to hear about layoff. Hope it will work out for you.
Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.
I already requested my ex-employer not to revoke my H1B.
My questions are �
1. How much time I will get to transfer my H1B ?
2. What about my families H4 visa status ?
3. If it is out of status issue , then what should me my immediate action ?
Thanks in advance!
There is no hard and fast rule on number of days allowed for transfer after layoff, generally as long as you have pay stubs for last 1 /2 months there are no problems.
Now since you have already applied for transfer, it makes more sense to wait for result/approval.
you family's h4 status is tied with your h1 status.
IMO since you have now applied for transfer, you are not out of status. So nothing else to do other than wait for USCIS response.
HTH and sorry to hear about layoff. Hope it will work out for you.
Please, stop rubbing salt on our wounds:mad:
I am surprised by your comment.
Congrats to ll those who got I-485 approved.
I am surprised by your comment.
Congrats to ll those who got I-485 approved.
as long as ur empoyer can show that he is in good standing and can pay u..u shud be OK...
calling on your high skills...iv is you and me...remember!!
I came back on Feb 17th from India.
My visa expiry date: Sept 2009
PP expires July 2009
I -94 I got is till July- 99
The officer mentioned since my PP expires he is issuing I-94 only till PP expiry date. This was in LAX. I did not argue, I think I should have said something after reading all these posts.
My visa expiry date: Sept 2009
PP expires July 2009
I -94 I got is till July- 99
The officer mentioned since my PP expires he is issuing I-94 only till PP expiry date. This was in LAX. I did not argue, I think I should have said something after reading all these posts.
Congratulations and all the best to you!
EVERYBODY PLS PLS CONTRIBUTE....
pappu pappu is offline
Administrator
Join Date: Mar 2006
Posts: 2,042
pappu is just really nice pappu is just really nice pappu is just really nice pappu is just really nice pappu is just really nice
Default May 31, 2007
May 31, 2007
Dear Immigration voice members,
We have made good progress in our membership base over the past 2 weeks. We are now more than 13,320 strong. Our members are our greatest asset and our grassroots efforts make us unique. It would be in the best interest of this community to use our energies by telling more people about this effort so that more members could join this effort.
During the past 2 weeks we had about 20 media leads due to the efforts of our members and the media drive. This has translated into about 10 media interviews that are mostly on a national scale. There are some more media interviews in the process and we hope to have them published soon. Let us continue this media drive with enthusiasm.
Our webfaxes, phone and email campaign has also been working. The response to it has not been as per our expectations yet. However even with limited participation we did hear comments about our campaign from some Senator offices. Hope more members take part in these campaigns. There have been some technical errors faced by few members this week. We have solved those iissues.We are also now going to pay more for a �Premium� service (3 times we pay now) so that the webfaxes can be sent smoothly without �backlogs� in the system.
Its been more than a week since we started our funding drive for the CIR bill in Senate. We want to go all out with all our might and resources to get our provisions in the new CIR bill. As members have already seen how much this bill hurts our interests and if we do not do something ourselves we do not have much support from outside. The H1B increase provision has much attention, support for various lobbying groups and opposition at the same time from various anti-immigrant organizations. However our provisions and cause require much needed attention and support in order for us to succeed. Our cause is just and few technical changes can very well fix the problems faced by 1.1 million high-skilled applicants waiting for their greencards. For most lawmaker high skilled immigration issues only meant increasing H-1B numbers. Most lawmakers are now aware of employment based green card issues and are aware or organized effort called Immigration Voice. We have been able to convince large technology and healthcare companies/groups to recognize that employment based green card delays is a massive issue. But this is not enough for our provisions to come on the floor and be passed. Tremendous investment in lobbying efforts is required in the current CIR that is a disastrous bill for our community.
There is a possibility that some of our provisions may get included in this CIR. Some of the amendments on Thomas already have some of our provisions along with H1B provisions. However the chance of those amendments passing is not certain.We are working hard to get something done. IV team is committed to explore every possibility and actively working towards that end. But please understand that it is not easy to get something done. There are hurdles we face due to the politics of the situation and intense lobbying of anti-immigrant organizations that are well funded. This is a hard reality. To get something done, it is of utmost importance that more members actively participate in this effort, contribute again and get new members to join and contribute to Immigration Voice. Each member visiting this forum needs to understand that it is your responsibility to actively participate in this effort because this is your effort, because this effort will solve problems that are yours and mine.
Due to the hard work of immigration voice and its members over the past 1.5 year, many lawmakers are now ready to listen and do the needful for us. We are also working with several like minded organizations and groups to help our community. But that is not enough to get our provisions passed with a majority vote. It can be because we have not yet done our part to the extent it is required to collectively petition lawmakers with our grievances. This is one more reason why more active participation and contribution is required.
The point is that Immigration Voice is doing everything that is possible. IV Core team member�s green card application is also pending and like other members, IV core team members are very passionate and motivated about solving the green card problems. We work hard during our regular work hours and on weekends, take vacations to travel on IV work and pay for the trip from our own pockets. We do this because we are also in this greencard mess like everyone else, and we feel responsible and commited to this effort. We all know that it is difficult to change things in Washington, especially when we are a small group. But we have experienced that it is possible that we can get our provisions passed. Immigration Voice needs more resources and this effort needs more active members. To achieve this, we need more resources in terms of contribution from all our members. (Note: Immigration Voice is Tax exempt under section 501(c)(4) of the Internal Revenue Code, since Immigration Voice is not an organization as described in section 170(c) of the code, donors may not deduct contributions that have been made) Immigration Voice would appeal all new members to please contribute and of the members who have already contributed in the past to please consider contributing again.
With all our hard work over the past 1.5 year, we are well poised to make a difference and represent the high-skilled immigrant community in DC. Media also calls us for comments on any Immigration related news story. Other organizations and groups contact us for collaboration and to seek help. Many lawmaker offices now know us and our cause. And there is a lot that has happened since we started. Most of these things we are not able to disclose on the open forums. But please understand that we need more funds to continue this effort so that we could all see our provisions into law. Immigration Voice is not about one, five twenty of fifty of us. It is about all of us currently in the queue and those that are about to join the queue. Lobbying is very expensive and if we have hired the top lobbyists there is to help us, there are investments we need to make for it too. Now, if this is any indication of how far we have come, I assure all members that we can do it, together.
In the past 2 weeks we got contributions ranging mostly between $10 - $100 and few $200 from roughly 100 members. I�m sure we all can do much better than that. Such amount can at best support hosting this website, pay for webfaxes and buy few hours of lobbying time from the best lobbyists there is in this country. Lobbying is the most important part of our effort and it can make a difference for our provision. Getting an amendment from a Senator�s office on Thomas is not our aim. We need to work hard to get it on the floor and be voted by a majority. This is a big task and huge lobbying effort is required if we have to go all out to get something done in this CIR bill.
Please be assured that IV core team is doing whatever is possible with the limited resources. And regardless of what happens in the next few months, Immigration voice would urge all members and readers of these forums to please contribute to this effort. Because what IV core team will be able to achieve will ultimately depend on how much trust you put in this effort.
Your IV team
pappu pappu is offline
Administrator
Join Date: Mar 2006
Posts: 2,042
pappu is just really nice pappu is just really nice pappu is just really nice pappu is just really nice pappu is just really nice
Default May 31, 2007
May 31, 2007
Dear Immigration voice members,
We have made good progress in our membership base over the past 2 weeks. We are now more than 13,320 strong. Our members are our greatest asset and our grassroots efforts make us unique. It would be in the best interest of this community to use our energies by telling more people about this effort so that more members could join this effort.
During the past 2 weeks we had about 20 media leads due to the efforts of our members and the media drive. This has translated into about 10 media interviews that are mostly on a national scale. There are some more media interviews in the process and we hope to have them published soon. Let us continue this media drive with enthusiasm.
Our webfaxes, phone and email campaign has also been working. The response to it has not been as per our expectations yet. However even with limited participation we did hear comments about our campaign from some Senator offices. Hope more members take part in these campaigns. There have been some technical errors faced by few members this week. We have solved those iissues.We are also now going to pay more for a �Premium� service (3 times we pay now) so that the webfaxes can be sent smoothly without �backlogs� in the system.
Its been more than a week since we started our funding drive for the CIR bill in Senate. We want to go all out with all our might and resources to get our provisions in the new CIR bill. As members have already seen how much this bill hurts our interests and if we do not do something ourselves we do not have much support from outside. The H1B increase provision has much attention, support for various lobbying groups and opposition at the same time from various anti-immigrant organizations. However our provisions and cause require much needed attention and support in order for us to succeed. Our cause is just and few technical changes can very well fix the problems faced by 1.1 million high-skilled applicants waiting for their greencards. For most lawmaker high skilled immigration issues only meant increasing H-1B numbers. Most lawmakers are now aware of employment based green card issues and are aware or organized effort called Immigration Voice. We have been able to convince large technology and healthcare companies/groups to recognize that employment based green card delays is a massive issue. But this is not enough for our provisions to come on the floor and be passed. Tremendous investment in lobbying efforts is required in the current CIR that is a disastrous bill for our community.
There is a possibility that some of our provisions may get included in this CIR. Some of the amendments on Thomas already have some of our provisions along with H1B provisions. However the chance of those amendments passing is not certain.We are working hard to get something done. IV team is committed to explore every possibility and actively working towards that end. But please understand that it is not easy to get something done. There are hurdles we face due to the politics of the situation and intense lobbying of anti-immigrant organizations that are well funded. This is a hard reality. To get something done, it is of utmost importance that more members actively participate in this effort, contribute again and get new members to join and contribute to Immigration Voice. Each member visiting this forum needs to understand that it is your responsibility to actively participate in this effort because this is your effort, because this effort will solve problems that are yours and mine.
Due to the hard work of immigration voice and its members over the past 1.5 year, many lawmakers are now ready to listen and do the needful for us. We are also working with several like minded organizations and groups to help our community. But that is not enough to get our provisions passed with a majority vote. It can be because we have not yet done our part to the extent it is required to collectively petition lawmakers with our grievances. This is one more reason why more active participation and contribution is required.
The point is that Immigration Voice is doing everything that is possible. IV Core team member�s green card application is also pending and like other members, IV core team members are very passionate and motivated about solving the green card problems. We work hard during our regular work hours and on weekends, take vacations to travel on IV work and pay for the trip from our own pockets. We do this because we are also in this greencard mess like everyone else, and we feel responsible and commited to this effort. We all know that it is difficult to change things in Washington, especially when we are a small group. But we have experienced that it is possible that we can get our provisions passed. Immigration Voice needs more resources and this effort needs more active members. To achieve this, we need more resources in terms of contribution from all our members. (Note: Immigration Voice is Tax exempt under section 501(c)(4) of the Internal Revenue Code, since Immigration Voice is not an organization as described in section 170(c) of the code, donors may not deduct contributions that have been made) Immigration Voice would appeal all new members to please contribute and of the members who have already contributed in the past to please consider contributing again.
With all our hard work over the past 1.5 year, we are well poised to make a difference and represent the high-skilled immigrant community in DC. Media also calls us for comments on any Immigration related news story. Other organizations and groups contact us for collaboration and to seek help. Many lawmaker offices now know us and our cause. And there is a lot that has happened since we started. Most of these things we are not able to disclose on the open forums. But please understand that we need more funds to continue this effort so that we could all see our provisions into law. Immigration Voice is not about one, five twenty of fifty of us. It is about all of us currently in the queue and those that are about to join the queue. Lobbying is very expensive and if we have hired the top lobbyists there is to help us, there are investments we need to make for it too. Now, if this is any indication of how far we have come, I assure all members that we can do it, together.
In the past 2 weeks we got contributions ranging mostly between $10 - $100 and few $200 from roughly 100 members. I�m sure we all can do much better than that. Such amount can at best support hosting this website, pay for webfaxes and buy few hours of lobbying time from the best lobbyists there is in this country. Lobbying is the most important part of our effort and it can make a difference for our provision. Getting an amendment from a Senator�s office on Thomas is not our aim. We need to work hard to get it on the floor and be voted by a majority. This is a big task and huge lobbying effort is required if we have to go all out to get something done in this CIR bill.
Please be assured that IV core team is doing whatever is possible with the limited resources. And regardless of what happens in the next few months, Immigration voice would urge all members and readers of these forums to please contribute to this effort. Because what IV core team will be able to achieve will ultimately depend on how much trust you put in this effort.
Your IV team
Don't know what the officer will do. Don't tell me I didn't tell you.
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.
any members planning consular processing in delhi ???
please respond
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.
any members planning consular processing in delhi ???
please respond
Where you get it???
If you renew your passport in US it takes approx 5-6 working days. I have done that at san francisco indian consulate. In India it may take weeks or even more than a month unless you have some connections. You know how things work in India...
I dont think you should have problems even at POE with passport expiring less than 6 months. I would suggest try to renew it in US if you have time or dont renew it at all till you come back to US. Trying to do it in India might cause delays.
I dont think you should have problems even at POE with passport expiring less than 6 months. I would suggest try to renew it in US if you have time or dont renew it at all till you come back to US. Trying to do it in India might cause delays.
Its not clear yet if priority date comes into the picture at all. Nothing is clear yet, for example for the Canadian points system does not have a country quota or any limits on the number of gc every year. There is a cetain pass mark and if you have the required pass marks you make it.
With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
1. based on pass marks?
2. based on who has the highest number of points for each country
3. Does the priority date come into plat at all?
hope somebody has the answers for these questions.
If you have I140 cleared from company A you can use Priority date if you change Job and apply fresh GC from Company B in any catergory.
How will this change if the new legislation/amendment that are discussed passes.
Any ideas guys.
With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
1. based on pass marks?
2. based on who has the highest number of points for each country
3. Does the priority date come into plat at all?
hope somebody has the answers for these questions.
If you have I140 cleared from company A you can use Priority date if you change Job and apply fresh GC from Company B in any catergory.
How will this change if the new legislation/amendment that are discussed passes.
Any ideas guys.
How one can help him, what should we do?
I was the first to show my site, then paddy, then dark and then fern so i really dont see any influence may it be progressive or negative...
not that it matters but you weren't the first one, first was paddy, then me, then you and then fern
but i voted mlke, liked the colorwork, only thing i didn't like that much was the incoherency (the split up of the menu: titles above header, content below)
not that it matters but you weren't the first one, first was paddy, then me, then you and then fern
but i voted mlke, liked the colorwork, only thing i didn't like that much was the incoherency (the split up of the menu: titles above header, content below)
485 RD - 06/25/2007 (Filed at NSC)
485 ND - 08/01/2007 (Came from TSC)
FP ND - 08/09/2007
FP Notice Received by mail on - 08/15/2007
FP Appointment - 09/06/2007
485 ND - 08/01/2007 (Came from TSC)
FP ND - 08/09/2007
FP Notice Received by mail on - 08/15/2007
FP Appointment - 09/06/2007
I guess, your picture was taken at local ASC. Call customer care asap and inform them about this mistake. If needed setup infopass and visit local office. Hope you will soon get it corrected from CIS
o, i didn't realize the order, i feel pretty stupid...
yes EB3 India. I think when I look back, its just a matter of luck. Once it was RFE, second time I got a second finger printing and third time they just did'nt pick it up. But USCIS has been very promptful in approving my EADs and AP. I could be very well one of the oldest processing case sitting in the TSC shelf.
(1700 days)
Since the Name check mess is cleared, You will get it soon
(1700 days)
Since the Name check mess is cleared, You will get it soon
Company A did my GC. I am with Company B on AC21. When my GC gets approved i should be able to stay with Company B and not A. Am i missing something?
http://www.visalaw.com/teleconform.html
Please post and email this question at the above teleconf..
I already did.
Please post and email this question at the above teleconf..
I already did.
For different initiatives. Did you see my join date? I joined in the first month when it is founded. Not a big deal...I am not even sure why i have to prove and tell these stories....last post....
At last , now you found right the thing to do.
At last , now you found right the thing to do.
