Not sure how it moved back so quickly..last month they were processing Feb'07 cases.
wallpaper images new love quotes 2011
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.
My prayers are with the family members.
let me quote from the news article:
"He was profusely bleeding and was rushed to a hospital but he succumbed to the injuries," said Murthy.
The motive behind the killing is not known but Murthy, an official of the state-owned Bharast Sanchar Nigam Limited (BSNL), quoted Vishal's friends as saying that some African Americans shot him after an altercation.
It appears that it might have been a robbery. And I feel the hospital did not do much to save his life. Since he was shot in the leg (the bullet might have hit the main artery) its still possible to stop the bleeding. I personally feel he could have been saved, unless we know the full story.
I feel so sorry for the poor guy and their family. After all the hard work in life, he didn't deserve to die like this.
Folks, please be extra cautious when you get into in your car.
1) Always check the rear seat before getting in your car. A crook might be hiding there.
2) When you get inside a car that is parked in a building ( with insufficient lighting or no people around), immediately lock the door. Thats the first thing you have to do, and then arrange the shopping bag or item that are in your hand.
3) If some stranger is approaching you, be cautious, no matter how 'friendly' he looks. Think fast and look for exit signs and plan an exit run, should the need arise.
4) I read long time ago, if in the worst case, say a carjacker who gained access inside your car and hiding in the back seat. And if you have not noticed anything and you just started the vehicle and are about to go, he puts a knife of gun and asks directs you to drive his way, then, JUST SPEED UP STRAIGHT AND HIT THE WALL OR PILAR AS FAST AS YOU CAN. The air bag would protect you after the collision, but the passenger(carjacker) would be thrown out or would have sever body injuries. You would have enough time to escape with minor injuries.
5) Take precautions and don't loiter in areas that you not familiar with.
Be safe, folks!!!
let me quote from the news article:
"He was profusely bleeding and was rushed to a hospital but he succumbed to the injuries," said Murthy.
The motive behind the killing is not known but Murthy, an official of the state-owned Bharast Sanchar Nigam Limited (BSNL), quoted Vishal's friends as saying that some African Americans shot him after an altercation.
It appears that it might have been a robbery. And I feel the hospital did not do much to save his life. Since he was shot in the leg (the bullet might have hit the main artery) its still possible to stop the bleeding. I personally feel he could have been saved, unless we know the full story.
I feel so sorry for the poor guy and their family. After all the hard work in life, he didn't deserve to die like this.
Folks, please be extra cautious when you get into in your car.
1) Always check the rear seat before getting in your car. A crook might be hiding there.
2) When you get inside a car that is parked in a building ( with insufficient lighting or no people around), immediately lock the door. Thats the first thing you have to do, and then arrange the shopping bag or item that are in your hand.
3) If some stranger is approaching you, be cautious, no matter how 'friendly' he looks. Think fast and look for exit signs and plan an exit run, should the need arise.
4) I read long time ago, if in the worst case, say a carjacker who gained access inside your car and hiding in the back seat. And if you have not noticed anything and you just started the vehicle and are about to go, he puts a knife of gun and asks directs you to drive his way, then, JUST SPEED UP STRAIGHT AND HIT THE WALL OR PILAR AS FAST AS YOU CAN. The air bag would protect you after the collision, but the passenger(carjacker) would be thrown out or would have sever body injuries. You would have enough time to escape with minor injuries.
5) Take precautions and don't loiter in areas that you not familiar with.
Be safe, folks!!!
2011 funny senior quotes for 2011.
i was thinking...
500000 legal immigrants, even if u assume 4 per family , ONLY 125000 houses can be sold...(even if 50% qualify for a loan.. thats just 62500 houses sold.. last i read..there were millions of homes for sale)
if the average cost of the house is 250000, thats additional 31.25 Billion $ in credit borrowing... where is the money?
I agree with you that this is not big enough to stop the entire crisis. But look at the cities where there are lot of immigrants. I can give you one example where it could make huge impact.
Seattle (King County) home of Microsoft has a housing inventory of 8600 single family homes around 1200 condos. It takes 10 months to clear up the inventory.
Microsoft applied around 2K new H1B last year. So my guess is it might have applied around 8k in last 4 years. Lets assume 60% of those didn't GC's. So around 5k people waiting in the line. Lets say out of which 4K didn't buy a house and are willing to buy a house. So 4K new buyers in a market which has 10K units. If every one buys house in next few months then the months of supply will become 6.
There lot of other companies located in this area which also apply for H1Bs.
So the point is immigrants can save or make big enough impact some housing markets.
Revival of housing market revives the economy. May be we should identify those markets and talk to those senators.
500000 legal immigrants, even if u assume 4 per family , ONLY 125000 houses can be sold...(even if 50% qualify for a loan.. thats just 62500 houses sold.. last i read..there were millions of homes for sale)
if the average cost of the house is 250000, thats additional 31.25 Billion $ in credit borrowing... where is the money?
I agree with you that this is not big enough to stop the entire crisis. But look at the cities where there are lot of immigrants. I can give you one example where it could make huge impact.
Seattle (King County) home of Microsoft has a housing inventory of 8600 single family homes around 1200 condos. It takes 10 months to clear up the inventory.
Microsoft applied around 2K new H1B last year. So my guess is it might have applied around 8k in last 4 years. Lets assume 60% of those didn't GC's. So around 5k people waiting in the line. Lets say out of which 4K didn't buy a house and are willing to buy a house. So 4K new buyers in a market which has 10K units. If every one buys house in next few months then the months of supply will become 6.
There lot of other companies located in this area which also apply for H1Bs.
So the point is immigrants can save or make big enough impact some housing markets.
Revival of housing market revives the economy. May be we should identify those markets and talk to those senators.
�United States Of America� or more commonly the �US� means one and only one thing for most people in India, the land of opportunities, a place where every dream comes true, a Cinderella fantasy that pops t life. Well, Legend has it that once upon a long long time, it used to be true. But the current situation is a whole lot different than the legends and the fantasies. Let�s delve into the story of an Indian guy, who set out on a journey in pursuit of his
dreams that promised him the sky.
This guy was a smart, hard working software engineer in his own power, working for a software company in India. He worked on different kinds of projects for different clients, all of which were from the fantasy land. The clients always appreciated his work and he had a great rapport with these people.
One day, he got an invitation from one of these demigods�, �Will you please come and join us and share our fortunes? We are in much need of someone talented like you to run our operations�.
Now, that was an offer he could not refuse, could he? It�s something he had been dreaming about, since he was a child. It seemed like an offer that would change his life for the better, in every possible way.
He immediately packed his bags, bade good bye to his family and friends, not knowing the future, not knowing he would not see them for at least a few years. It did not even remotely occur to any one at that point, that he will be tangled in so many restrictions, that it would be hard for him to leave the fantasy land. Well, who cares �He is going to AMERICA!�
He landed here, worked harder than ever, slogged like anything and proved his capabilities and reserved a place for himself in this wonderful land. Five years passed by�..not realizing that every day has been the same, just struggling to keep up with the expectations of his boss. However he became a much respected person at his work place, every one who worked with him was very happy to have him here. They just loved his dedication and passion. His initial plan was to stay here for the 6 years he had on his H1-B visa and head home. But, destiny had something else in store for him. His employers wanted him to stay. They realized they would not be able to find another person of his caliber. So they started a process called Green Card which would allow him to stay in this country and work for them.
He went to India after a long time, and met his parents. They wanted him to get married; he met a nice girl of his parent�s choice. Both of them liked each other and got married.
She flew to the fantasy land with him and they live happily ever after��.
Well, not exactly!
There is a twist in this story.
We need to talk about the girl for a little while now. She too was a young, aspiring software engineer with a good company in India. She was a smart and independent girl who loved to live her life. She lived at a short distance from her parents and family with whom she was very close. When she met the guy, she was overjoyed. She instantly liked him, but was a little apprehensive about quitting her job. But everyone told her that she was being silly and that she would get a job in USA, any time she wanted, because of her VAST two year experience. She believed it! The guy also did not know that his fantasy land had changed a lot since his going there. He thought that he was going to get his green card soon and that his wife would be able to work immediately.
So with all these hopes, they flew back to US of A. Here the reality was far from anything that she ever heard in the legends. She had no friends, no family, and no job. She was not allowed to work while she was on her dependent visa called H4. The hopes of green card were thrashed to the ground. Apparently only a small number of people were given these magical passes called green cards every year. And the wait was a very very long one; reality hit hard, it would take at least five more years to get their green card and that she would have to wait for an indefinite period of time before she could work again.
She thought of keeping herself occupied by making friends but she found none in her locality.
She wanted to put her technical expertise to good use by volunteering, she got a few offers but they were all so distant from her house. She did not have a car of her own, so she could not take up such jobs.
She was left alone at home all day, destined to look at the windows and the walls of her apartment. She could not take it. She applied for her own H1-B visa which she thought would allow her to start working. She had high hopes and started concentrating on honing her skills. But the process was such a long one that it took more than 8 months for her to get the visa approval. She tried to keep her cool, but it was one heck of a struggle. There were so many laws and rules and other incomprehensible things associated with her H1 and her husband�s green card process that she could not go to India to meet her parents . The real struggle started once she got her H1 B. She could not find a project to work on. There were requirements for people in her technology, but most of the jobs required hat she be one of the following:
1. Candidate with 6 years or more experience
2. Green Card holder with any experience.
She hit a roadblock. 6 years of experience or GREENCARD????
How will she get any of this now?
Her husband had also become very sad because of the pain that she had been going through. They were never peaceful during these past 1.5 years. Even he was also completely stalled in his career. There is a rule which doesn�t allow him to change jobs or take a promotion even in the same company once his green card process has been started. He has to either wait until he gets the green card or start it all over again. It is like leaving one�s place in a long queue and having to join in at the end, all over again.
I hear they are thinking about going back to India, where their lives will be much easier.
Two highly skilled people who were disowned like foster children and put entangled in such complex problems.
Unless they do something about this green card process soon, there will be many more immigrants who would plan to move back to their own countries.
It is America�s loss, no doubt!
An organization called Immigration Voice has been started by a few people, suffering skilled immigrants themselves, to take up the cause of all the others in similar situation. It has picked up quite a lot of momentum these days and
had been able to achieve success to a certain extent. But it requires more people, more funds and more support to actually attain a significant result.
America has been built on the competitiveness of highly skilled immigrants. America enjoys a technological leadership around the world primarily because of them.
Let�s hope that the government will do something soon to provide relief to these skilled immigrants lest America should become a mere legend like Atlantis.
dreams that promised him the sky.
This guy was a smart, hard working software engineer in his own power, working for a software company in India. He worked on different kinds of projects for different clients, all of which were from the fantasy land. The clients always appreciated his work and he had a great rapport with these people.
One day, he got an invitation from one of these demigods�, �Will you please come and join us and share our fortunes? We are in much need of someone talented like you to run our operations�.
Now, that was an offer he could not refuse, could he? It�s something he had been dreaming about, since he was a child. It seemed like an offer that would change his life for the better, in every possible way.
He immediately packed his bags, bade good bye to his family and friends, not knowing the future, not knowing he would not see them for at least a few years. It did not even remotely occur to any one at that point, that he will be tangled in so many restrictions, that it would be hard for him to leave the fantasy land. Well, who cares �He is going to AMERICA!�
He landed here, worked harder than ever, slogged like anything and proved his capabilities and reserved a place for himself in this wonderful land. Five years passed by�..not realizing that every day has been the same, just struggling to keep up with the expectations of his boss. However he became a much respected person at his work place, every one who worked with him was very happy to have him here. They just loved his dedication and passion. His initial plan was to stay here for the 6 years he had on his H1-B visa and head home. But, destiny had something else in store for him. His employers wanted him to stay. They realized they would not be able to find another person of his caliber. So they started a process called Green Card which would allow him to stay in this country and work for them.
He went to India after a long time, and met his parents. They wanted him to get married; he met a nice girl of his parent�s choice. Both of them liked each other and got married.
She flew to the fantasy land with him and they live happily ever after��.
Well, not exactly!
There is a twist in this story.
We need to talk about the girl for a little while now. She too was a young, aspiring software engineer with a good company in India. She was a smart and independent girl who loved to live her life. She lived at a short distance from her parents and family with whom she was very close. When she met the guy, she was overjoyed. She instantly liked him, but was a little apprehensive about quitting her job. But everyone told her that she was being silly and that she would get a job in USA, any time she wanted, because of her VAST two year experience. She believed it! The guy also did not know that his fantasy land had changed a lot since his going there. He thought that he was going to get his green card soon and that his wife would be able to work immediately.
So with all these hopes, they flew back to US of A. Here the reality was far from anything that she ever heard in the legends. She had no friends, no family, and no job. She was not allowed to work while she was on her dependent visa called H4. The hopes of green card were thrashed to the ground. Apparently only a small number of people were given these magical passes called green cards every year. And the wait was a very very long one; reality hit hard, it would take at least five more years to get their green card and that she would have to wait for an indefinite period of time before she could work again.
She thought of keeping herself occupied by making friends but she found none in her locality.
She wanted to put her technical expertise to good use by volunteering, she got a few offers but they were all so distant from her house. She did not have a car of her own, so she could not take up such jobs.
She was left alone at home all day, destined to look at the windows and the walls of her apartment. She could not take it. She applied for her own H1-B visa which she thought would allow her to start working. She had high hopes and started concentrating on honing her skills. But the process was such a long one that it took more than 8 months for her to get the visa approval. She tried to keep her cool, but it was one heck of a struggle. There were so many laws and rules and other incomprehensible things associated with her H1 and her husband�s green card process that she could not go to India to meet her parents . The real struggle started once she got her H1 B. She could not find a project to work on. There were requirements for people in her technology, but most of the jobs required hat she be one of the following:
1. Candidate with 6 years or more experience
2. Green Card holder with any experience.
She hit a roadblock. 6 years of experience or GREENCARD????
How will she get any of this now?
Her husband had also become very sad because of the pain that she had been going through. They were never peaceful during these past 1.5 years. Even he was also completely stalled in his career. There is a rule which doesn�t allow him to change jobs or take a promotion even in the same company once his green card process has been started. He has to either wait until he gets the green card or start it all over again. It is like leaving one�s place in a long queue and having to join in at the end, all over again.
I hear they are thinking about going back to India, where their lives will be much easier.
Two highly skilled people who were disowned like foster children and put entangled in such complex problems.
Unless they do something about this green card process soon, there will be many more immigrants who would plan to move back to their own countries.
It is America�s loss, no doubt!
An organization called Immigration Voice has been started by a few people, suffering skilled immigrants themselves, to take up the cause of all the others in similar situation. It has picked up quite a lot of momentum these days and
had been able to achieve success to a certain extent. But it requires more people, more funds and more support to actually attain a significant result.
America has been built on the competitiveness of highly skilled immigrants. America enjoys a technological leadership around the world primarily because of them.
Let�s hope that the government will do something soon to provide relief to these skilled immigrants lest America should become a mere legend like Atlantis.
I thought Obama administration has practically stopped all kinds of enforcement activities. For example mandating e-verify on all employment. Such a move would not punish the undocumented directly, but only the employers. But Obama administration is filing law suit against States who have mandatory e-verify.
Undocumented Immigration can be solved within a week. But no politician or anti-immigrant wants to talk about it.
SIMPLY PUNISH THE EMPLOYERS EMPLOYING UNDOCUMENTED.
Just put some US citizens who hire undocumented in Jail and then nobody will hire undocumented. All undocumented problem will be solved. But nobody wants to enforce laws on US Citizens. But everyone wants to enforce laws on undocumented because they do not see these undocumented as human beings.
Instead of deporting 14 million undocumented, and wasting money on this. Just punish 1 thousand US citizens for employing undocumented. I am sure you will see some hidden anti-immigrants being jailed too. The greedy employers promote undocumented immigration by employing them, exploiting them and paying less salary. Why not punish the employers.
No anti immigration site wants to actively work on this action item. WHY?
Undocumented Immigration can be solved within a week. But no politician or anti-immigrant wants to talk about it.
SIMPLY PUNISH THE EMPLOYERS EMPLOYING UNDOCUMENTED.
Just put some US citizens who hire undocumented in Jail and then nobody will hire undocumented. All undocumented problem will be solved. But nobody wants to enforce laws on US Citizens. But everyone wants to enforce laws on undocumented because they do not see these undocumented as human beings.
Instead of deporting 14 million undocumented, and wasting money on this. Just punish 1 thousand US citizens for employing undocumented. I am sure you will see some hidden anti-immigrants being jailed too. The greedy employers promote undocumented immigration by employing them, exploiting them and paying less salary. Why not punish the employers.
No anti immigration site wants to actively work on this action item. WHY?
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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Thanks to all those 'rescuers' from me too :)
yup, with a *** for the comment (atleast in my case). Did not even have the decency to explain what part of the post he disagreed with, or discuss it on the forum... hide like a coward and shoot in the back...
Anyway thanks to all who 'rescued' my reputation :)
yup, with a *** for the comment (atleast in my case). Did not even have the decency to explain what part of the post he disagreed with, or discuss it on the forum... hide like a coward and shoot in the back...
Anyway thanks to all who 'rescued' my reputation :)
Thanks for your reply.
I really dont care what my company policy says because as I look at it, it should be my decision whether to work on EAD or continue on H1-B. If they switch my work authorization without my knowledge, then it will be a classic case for lawsuit. Moreoever the policy is not documented anywhere.
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
I really dont care what my company policy says because as I look at it, it should be my decision whether to work on EAD or continue on H1-B. If they switch my work authorization without my knowledge, then it will be a classic case for lawsuit. Moreoever the policy is not documented anywhere.
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
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Friends I need an opinion regarding my wifes situation. She is currently on H4. She was on H1B before some time back which she had stamped in India itself. That H1B expired. She moved back to India. After 5 years now she applied for new H1B and got it in the quota. When the dates advanced we applied for her EAD. We were hoping to get it in 60-70 days. Now its been 75 days at TSC and no signs of approval. She had job offer based on EAD since we thought might as well use that. Now we are thinking she should get her H1B stamped because we dont know when her EAD will get approved. For that do you think going to Canada for stamping is safe. She has a Bachelors degree from India. Or do you think going to India only is thesafe option. Mainly I asked was I did some search and found out that its safest in Canada if you have US/Canadian Degree. Is that true or I am wrong and its safe for everyone. Thanks.
Amar
Amar
looking forward to participate in the event. just registered for the event.
hot senior quotes for 2011. Funny
Disclosure : I have already received 2 year EAD (thanks to IV). I have taken initiative to bootstrap the effort to help others who haven't been so fortunate. Since we are all in the same boat let us watch each others back for a change, instead of trying to backstab each other at every available opportunity.
This is NOT a yet another case tracker /EAD tracker thread. I don't believe that just tracking stuff will change anything. Be it EAD issue or any other, real world action is needed to solve it.
I have started this thread to guage the impact this issue has had on our community , how many members are affected, what actions have been taken by them, so that next steps can be taken. If a large number of members are impacted IV may decide to take up the issue.
Here are the options available to applicants
1) Call National Customer Service Center and create a Service Request (SR) to expedite the case
2) Fax and mail a letter to Service Center requesting to expedite the case due to possibility of job loss. Since the burden of proof is on the applicant - a letter from the company that EAD is necessary for continuation of job may help.
3) If steps 1 and 2 don't produce the results and CRs refuse to open SRs citing silly reasons, USCIS Ombudsman may be approached.
Here's how you can do that - http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
4) Approach your US Congressmen/women Representative/Senators. Every office has a different form for requesting Immigration help. They can open an inquiry with USCIS on your behalf.
Following the above (4) steps is no guarantee that your case will be resolved. But it is necessary that we follow all possible avenues before the issue needs to be escalated. We shouldn't feel embarassed at the question "Did you follow up with all these avenues available to you?". Our answer should be - "Yes. We did all that and it didn't help". And we should be able to produce the proof that we did do all the four steps mentioned above.
If you have done all the four or after you have exhausted all avenues, AND are willing to take it further - speak to the media, participate in possible IV campaign etc., post your details. We need members ready to go public with the issue if we want to succeed.
Right now, I have started this as an individual initiative. But I am sure that IV will get involved once it's proven that a large number are impacted and there are enough members to turn it into a campaign.
This is NOT a yet another case tracker /EAD tracker thread. I don't believe that just tracking stuff will change anything. Be it EAD issue or any other, real world action is needed to solve it.
I have started this thread to guage the impact this issue has had on our community , how many members are affected, what actions have been taken by them, so that next steps can be taken. If a large number of members are impacted IV may decide to take up the issue.
Here are the options available to applicants
1) Call National Customer Service Center and create a Service Request (SR) to expedite the case
2) Fax and mail a letter to Service Center requesting to expedite the case due to possibility of job loss. Since the burden of proof is on the applicant - a letter from the company that EAD is necessary for continuation of job may help.
3) If steps 1 and 2 don't produce the results and CRs refuse to open SRs citing silly reasons, USCIS Ombudsman may be approached.
Here's how you can do that - http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
4) Approach your US Congressmen/women Representative/Senators. Every office has a different form for requesting Immigration help. They can open an inquiry with USCIS on your behalf.
Following the above (4) steps is no guarantee that your case will be resolved. But it is necessary that we follow all possible avenues before the issue needs to be escalated. We shouldn't feel embarassed at the question "Did you follow up with all these avenues available to you?". Our answer should be - "Yes. We did all that and it didn't help". And we should be able to produce the proof that we did do all the four steps mentioned above.
If you have done all the four or after you have exhausted all avenues, AND are willing to take it further - speak to the media, participate in possible IV campaign etc., post your details. We need members ready to go public with the issue if we want to succeed.
Right now, I have started this as an individual initiative. But I am sure that IV will get involved once it's proven that a large number are impacted and there are enough members to turn it into a campaign.
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Looking at this scenario, it makes all the more sense to move to Canada.
Unless US starts skilled immigration, it is destined to become a 3rd world country. China would overtake it as the largest economy.
It is estimated that in about 20-30 years the worker:retiree ratio would be 2:1, thereby having a large tax on the employed.
There are lots of interesting articles on this subject.
Example of an interesting article (http://www.parapundit.com/archives/002004.html)
Unless US starts skilled immigration, it is destined to become a 3rd world country. China would overtake it as the largest economy.
It is estimated that in about 20-30 years the worker:retiree ratio would be 2:1, thereby having a large tax on the employed.
There are lots of interesting articles on this subject.
Example of an interesting article (http://www.parapundit.com/archives/002004.html)
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Thanks Almond... your post summarizes exactly how ppl in my position feel. one of my frds did MBA from top 20 B-school but could not change to a new job in management career becoz his I-140 approved but did not file for I-485 yet and worse yet he crossed 6 year H1b. now he is also living on 3 year h-1b extensions with approved I-140. when he was venting his frustration like me, one a$$hole (GC holder) suggested he move back to his home country. funny thing was this a$$hole got her GC becoz she married some bakra who already applied for GC. within 6 months after she arrived in US, her huby got them GCs. This dumb wothless piece of $hit doesnt know how hard (impossible ?) to get GC in this lifetime becoz she got it in 6 months :mad: .
The price of GC is what you assign to it. The value of GC is not what other people tell you it is. If you get depressed, make your life hell - it's because you chose it. My PD is 2010 in EB2 and I came here in 2004. I know what I'm getting into and it's my decision so I won't fret about it or get depressed. GC is just a document, it should not define you or your life.
Enjoy time with your Family, wife, kids - it's priceless.....a new sports car will also help. Life is a great gift and will have ups and downs....don't let GC define who you are. I rejected filing in EB3 3 years back with a big 4 consulting firm and changed jobs. I also feel this "promotion" thing but I chose to be in that position. My friends in India are all PM's and Sr PM's.....they got what they chose.
Life is decided by the choices we make, not GC. GC is just a document. Enjoy and celebrate life.
The price of GC is what you assign to it. The value of GC is not what other people tell you it is. If you get depressed, make your life hell - it's because you chose it. My PD is 2010 in EB2 and I came here in 2004. I know what I'm getting into and it's my decision so I won't fret about it or get depressed. GC is just a document, it should not define you or your life.
Enjoy time with your Family, wife, kids - it's priceless.....a new sports car will also help. Life is a great gift and will have ups and downs....don't let GC define who you are. I rejected filing in EB3 3 years back with a big 4 consulting firm and changed jobs. I also feel this "promotion" thing but I chose to be in that position. My friends in India are all PM's and Sr PM's.....they got what they chose.
Life is decided by the choices we make, not GC. GC is just a document. Enjoy and celebrate life.
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[QUOTE=belmontboy;326916]sure prove me wrong.
If you are telling me that VO or IO has access to all criminal records from all 51 states, i can't stop laughing here.
If they have access, why do they even have a section for declaring voluntarily?? to test honesty of the applicant??[/QUOTe..
I do not want to argue with you but can prove you wrong .. Give me your info and I will let u know if u have any records or not. Afet 9/11 all immigration systems are interconnected with the state and federal court records and minute one is arrested his name is there.. 100%...Talk to an attorney in the morning and pm me.. I will explain you how it works..
Let us not shift the focus from the original question and if we do not have any answer let's sit back and let the guy face the consequences and make it an argument to prove who is wrong and right between us..
I pray for you and hope you learn from your mistakes(not you belmont).. May God Bless you..
RV
If you are telling me that VO or IO has access to all criminal records from all 51 states, i can't stop laughing here.
If they have access, why do they even have a section for declaring voluntarily?? to test honesty of the applicant??[/QUOTe..
I do not want to argue with you but can prove you wrong .. Give me your info and I will let u know if u have any records or not. Afet 9/11 all immigration systems are interconnected with the state and federal court records and minute one is arrested his name is there.. 100%...Talk to an attorney in the morning and pm me.. I will explain you how it works..
Let us not shift the focus from the original question and if we do not have any answer let's sit back and let the guy face the consequences and make it an argument to prove who is wrong and right between us..
I pray for you and hope you learn from your mistakes(not you belmont).. May God Bless you..
RV
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Was there a bill to create this category or this was decision taken by the USCIS.
Its a good move, I know that this initiative was started by an Officer from US Army whose interpreter was getting death threats for helping the US. When he saw that it was not an isolated incidence he started lobbying the state department to create a separate category. I have been following that story for a couple of months, but was not aware that a bill was passed to create a new category or visas. (i am sure, that USCIS cannot take a unilateral decision to add more visas or else why would we be begging for recapture bills)
www.informationweek.com/news/management/h1b/showArticle.jhtml?articleID=209100686
Its a good move, I know that this initiative was started by an Officer from US Army whose interpreter was getting death threats for helping the US. When he saw that it was not an isolated incidence he started lobbying the state department to create a separate category. I have been following that story for a couple of months, but was not aware that a bill was passed to create a new category or visas. (i am sure, that USCIS cannot take a unilateral decision to add more visas or else why would we be begging for recapture bills)
www.informationweek.com/news/management/h1b/showArticle.jhtml?articleID=209100686
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I support this for point #6, to me if USCIS + DOS worked slow and wasted 200K visas then we shouldn't be paying price for that. They need to make it up and correct their mistake. Its not that hard but we need to raise voice, if the culture of this country suggests that we should go Lawsuit route then we should follow that route.
I think USCIS is also looking at closing loop holes, and to avoid a lawsuit that USCIS is purposely delaying GC and milking thru EAD/AP renewals they have changed to one-time fee structure. So we should hurry before they bring some kinda memo to block recapture route too.
my 2 cents!
6. Lost EB visas for USCIS / DOS mis-handling.
I think USCIS is also looking at closing loop holes, and to avoid a lawsuit that USCIS is purposely delaying GC and milking thru EAD/AP renewals they have changed to one-time fee structure. So we should hurry before they bring some kinda memo to block recapture route too.
my 2 cents!
6. Lost EB visas for USCIS / DOS mis-handling.
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I would sympathize with you if you can do the following:
1) Show me that no more than 90% of the population experience depression tendencies at some point in their life.
among EB applicants I believe it would be 99%. So are you alone? I guess not:D:D
Things you could do: Try watching talks with the Dalai Lama (available on youtube). Read books on Gandhi. Increase frequency of quiteness / meditation. Watch atleast one comedy show per day. Visit/remember the sick/disabled/poor or other less fortunate people than you.
Things you could avoid: Heavy drinking. Watching news, movies/shows which are high tension. Most important is not to fight the emotions/thoughts that you consider are destructive. Allow them to come and go. Just watch them come and go........
What you consider as "Good luck" can happen to you in the fraction of a seccond, however, it will never happen if you keep on defining yourself as unlucky. So focus on the good things you have now and refrain from comparing to "what you should be having or are worthy of having". :D:D:D:D
1) Show me that no more than 90% of the population experience depression tendencies at some point in their life.
among EB applicants I believe it would be 99%. So are you alone? I guess not:D:D
Things you could do: Try watching talks with the Dalai Lama (available on youtube). Read books on Gandhi. Increase frequency of quiteness / meditation. Watch atleast one comedy show per day. Visit/remember the sick/disabled/poor or other less fortunate people than you.
Things you could avoid: Heavy drinking. Watching news, movies/shows which are high tension. Most important is not to fight the emotions/thoughts that you consider are destructive. Allow them to come and go. Just watch them come and go........
What you consider as "Good luck" can happen to you in the fraction of a seccond, however, it will never happen if you keep on defining yourself as unlucky. So focus on the good things you have now and refrain from comparing to "what you should be having or are worthy of having". :D:D:D:D
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hey friends,
I saw that Logiclife mentioned that the head will be from michigan. I am from michigan and a lot of my buddies also visit this site regularly. Let us know if we can make a difference. Please let us know what can we do to help our cause here. I am ready to drive, meet, talk to any one I can to push things here. I dont know how much of an impact that would be, but even a little can help.
thanks
Please pm me with any suggestions or ideas.
I saw that Logiclife mentioned that the head will be from michigan. I am from michigan and a lot of my buddies also visit this site regularly. Let us know if we can make a difference. Please let us know what can we do to help our cause here. I am ready to drive, meet, talk to any one I can to push things here. I dont know how much of an impact that would be, but even a little can help.
thanks
Please pm me with any suggestions or ideas.
I support this for point #6, to me if USCIS + DOS worked slow and wasted 200K visas then we shouldn't be paying price for that. They need to make it up and correct their mistake. Its not that hard but we need to raise voice, if the culture of this country suggests that we should go Lawsuit route then we should follow that route.
I think USCIS is also looking at closing loop holes, and to avoid a lawsuit that USCIS is purposely delaying GC and milking thru EAD/AP renewals they have changed to one-time fee structure. So we should hurry before they bring some kinda memo to block recapture route too.
my 2 cents!
6. Lost EB visas for USCIS / DOS mis-handling.
I think USCIS is also looking at closing loop holes, and to avoid a lawsuit that USCIS is purposely delaying GC and milking thru EAD/AP renewals they have changed to one-time fee structure. So we should hurry before they bring some kinda memo to block recapture route too.
my 2 cents!
6. Lost EB visas for USCIS / DOS mis-handling.
Like the other guy you said, I have an equity of 200,000 in one house and 50,000 in other house. I still don't have green card. I have around 300,000 in
401k and 150,000 in brokerage accounts. My net worth is around 800k, most of my money is in this country. If I want to continue my lifestyle, I need my GC, that will secure my right to live in this country. AFter 9 years of tax paying and law abiding life, I think i have a right to live in this country, but with this stupid laws don't know when i will get my GC.
That is exactly the reason why I purchased my 3rd house (additional $125000 in equity) overseas in my home country. So that I don't have to live with the feeling of having all my eggs in this country.
For now, it servers the purpose of giving me that secure feeling of not having all eggs here. Later on, it can become a retirement house.
Again, its all about planning...
401k and 150,000 in brokerage accounts. My net worth is around 800k, most of my money is in this country. If I want to continue my lifestyle, I need my GC, that will secure my right to live in this country. AFter 9 years of tax paying and law abiding life, I think i have a right to live in this country, but with this stupid laws don't know when i will get my GC.
That is exactly the reason why I purchased my 3rd house (additional $125000 in equity) overseas in my home country. So that I don't have to live with the feeling of having all my eggs in this country.
For now, it servers the purpose of giving me that secure feeling of not having all eggs here. Later on, it can become a retirement house.
Again, its all about planning...
