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  • EkAurAaya
    05-14 05:20 PM
    Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!

    My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?

    Also what are the wait times for CP in Mumbai India?

    Thanks!

    May we all get outa this mess :cool: and move on with life!
    =======================
    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.





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  • ksrk
    10-07 01:52 PM
    USCIS has specified that they would have processed all the records into a single database by 29th October.

    Does this not mean that there could be a forward movement in the Nov bullietin ?

    Based on this (although not sure where USCIS posted this date), the DOS wouldn't be able to use that data till the end of October (at the earliest) or early November (likely). Meaning that the December bulletin (issued ~mid-Nov) might be the one to watch for any movement (forward or backward).





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  • byeusa
    07-11 10:44 AM
    I did call USINPAC too and left a earful on their voice mail.Looks like they are all busy at this time figuring out which is the next item/development around the world that they can take credit for.

    My friend who called USINPAC this AM tells me that that fraud Sachdev is right now in India. Wow wow.....





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  • chanduv23
    10-08 02:41 PM
    :mad:

    :( - hope it gets reconfirmed



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  • kumarc123
    05-14 08:29 AM
    Please continue to fill out the form for the advocacy days and make a difference by taking a positive step by meeting with the legislators.

    For members who can only provide support, please mention the kind of support you are willing to commit to on this thread too.

    I will be there! To contribute my efforts for the big cause.





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  • EB-VoiceImmigration
    07-29 06:16 PM
    free psychiatric counselor section

    Good one..



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  • logiclife
    07-09 01:07 PM
    Would you please elaborate if the flower campaign has hit any mainstream media like CNN, Fox etc?? Or just the TOI and other small covers? I just want to know how famous this has become.. Thanks.

    I wouldnt make such a big request just for attention from TOI. Please trust me we will get attention if we manage to send a few hundred flowers. I am not exaggerating. And I am talking about bigger US media outlets. And I am also not speculating. I am 100% sure. Please send the flowers as per these directions from IV core. (http://immigrationvoice.org/forum/showthread.php?t=6191).

    Thanks.





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  • n2b
    09-29 10:21 AM
    I agree with most. We should not expect major "Forward" movement in dates until the 3rd & the 4th quarter of USCIS' fiscal year! Until then we might as well keep the prediction threads to the minimum.



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  • add78
    07-08 02:42 PM
    I am in same situation. As of yesterday, my previous employer would have revoked my 140.

    I already sent the AC21 letter, there are no LUDs. My attorney says, chances that the letter may not go into the file are high and the reason we send AC21 paperwork is to keep a record that we sent. I took a screen shot of the DHL tracking info too.

    Any ideas how to ensure that AC21 paperwork is getting into your file.

    The answers I see on this forum is
    (1) USCIS is overwhelmed with documents so mail can be trashed
    (2) USCIS clerk does not know how to handle the paperwork
    (3) USCIS certifying officer is not well educated about AC21

    Any idea on how to ensure AC21 paperwork really goes into your file.

    Relax buddy.
    As long as you sent it by certified mail and have the return receipt, if it does not make into your file and if later they issue an RFE, you have covered your base. As long as your new job satisfied the AC21 parameters and you have the certified mail receipt, you are fine. Relax and enjoy new job.





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  • bkam
    03-27 10:43 PM
    The problems with the 350,000 GC-candidates are mainly two - BECs inefficiency and lack of enough visa numbers after LC approval. Fighting both issues should be the main goal of IV and have to be presented to the Congress. They are inter-related and should go together.

    And, by the way, the problems of the legal immigrants should not be considered as "Indian/Chinese" only, this will not help much. These problems are common for the legal immigrants from many countries and this should be highlighted before the Congress. Do not forget that those congressmen are descendents of immigrants from all over the world, not from India and China only.



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  • styrum
    02-08 12:37 PM
    http://kdoch.state.ks.us/KDOCHdocs/BD/FLC_Specific_Vocational_Preparation_SVP_Levels.doc

    This is rather discouraging if this is true. This basically says one can't require any experience for zone IV if you require MS.





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  • nnan
    05-25 10:42 AM
    Hello ,
    yesterday i was watching Cspan 2 and debate about immigration.one of the senator (i don't remember the name ) was telling about a story of a woman with six children migrated from some poor european country ten years back to America.unfortunately her husband died after coming here.She move on in life and went to idhao and opened a cattle ranch and brought up her children well.Now she is very proud and successfull business woman and mother of six grown ups whom i am sure will be well establish them selves.
    i listened the story and thanked the God that she didn't came on H4 VISA.otherwise she couldn't achieve the same.
    For H4 this land is certainly not land of opportunity.Rather i suggest all H4 including my wife to burn their masters in business administration degrees and PHDs ,start doing cleaning jobs like illegals and eventually apply for Z visa.
    Nobody is listening to us on capital hill .H4 are inanimate objects who came here to USA to accompany their fellow husbands or wife.No matter if it is for one year or 30 years.
    And in the end no reform for H4 in this bill and no hopes for getting GC to their spouse.
    I am not sure whether you should so frustrated that you should step aside and do other odd jbs just to get a "GC".

    Should be you downgrade your education because of a GC? Is India in such a bad state that after receiving PHDs etc one stands to ge nothing?

    Arise Awake ( Swami Vivekananda's quote), India is doing great.
    Yes I am waiting for GC, I understand the frustrations ( I am one in your boat), but I only have a B.E and cannot afford to pursue an MBA ( time is the cost, not money alone), & I still don't feel a B.E has no value.



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  • WeldonSprings
    09-22 05:44 PM
    I called all the representatives except King. Couldn't get to Howard Coble and Berman.

    Called all folks who havent said wether they support or oppose the bill...I know its past 5 pm but they are answering phones...so if you just see this message, pick up your phone & CALL!!!!

    Elton Gallegly (R-Calif.)202- 225-5811
    Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
    Dan Lungren (R-Calif.)202- 225-5716
    Brad Sherman (D-Calif.) 202-225-5911
    Adam B. Schiff (D-Calif.)202- 225-4176
    Rick Boucher (D-Va.) 202-225-3861
    Robert C. Scott (D-Va.) (202) 225-8351
    Bob Goodlatte (R-Va.)202- 225-5431
    J. Randy Forbes (R-Va.)202- 225-6365
    Tom Feeney (R-Fla.) 202-225-2706 (NOT IN FAVOR)
    Ric Keller (R-Fla.)202- 225-2176
    Louie Gohmert (R-Texas) 202-225-3035
    Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236 (NOT IN FAVOR)
    Jim Jordan (R-Ohio) 202-225-2676
    Betty Sutton (D-Ohio) 202-225-3401
    Chris Cannon (R-Utah)202- 225-7751
    Steve Chabot (R-Ohio) 202-225-2216
    Howard Coble (R-N.C.) 202-225-3065
    Steve Cohen (D-Tenn.)202- 225-3265
    John Conyers (D-Mich.), Chairman 202-225-5126
    William D. Delahunt (D-Mass.)202- 225-3111
    Keith Ellison (D-Minn.) 202-225-4755
    Trent Franks (R-Ariz.)202- 225-4576
    Luis Gutierrez (D-Ill.)202- 225-8203
    Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
    Mike Pence (R-Ind.) 202-225-3021
    Howard L. Berman (D-Calif.) 202-225-4695





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  • gc28262
    02-15 11:31 AM
    here also they process so many H1s..... for various many people.... skills/no skills... keep them on bench.... inflate resumes....

    Some American citizens/anti-immigrant will tell you you are taking their jobs with your H1.

    For them, this is their country. All jobs should go to them rather than a foreigner like you.

    What is your response for that ?



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  • gcseeker2002
    12-06 12:28 PM
    So they refused to acknowledge that it is pending more than 90 days?
    They are technically right, the regulations say "within 90 days from the date of receipt of the application".
    Talk about broken promises. Write to the USCIS ombudsman.
    Emails to USCIS ombudsman just generate a standard response, nothing more, asking to submit form 7001. They should be swamped with 7001s by now, so they should create a processing-times for the form7001s.





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  • nc14
    09-22 06:25 PM
    I still see

    By Direction of the Chairman

    09/23/2008


    Full Committee
    1:00 P.M. in 2141 Rayburn House Office Building

    Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
    To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress

    I am not sure why someone said that it is scheduled for 24th.


    I've started calling and made first call to the chairman's office. I told the man that I'd called to express my grattitude and thank the chairman. Then I requested the chairman to take a yes/no vote on this bill and to take the bill to its logical conclusion, at least in the Jud Committee.
    Please remember, "thank you" packs awesome power and all members should convery their thanks to the chairman and request a vote on the bill for logical conclusion.
    I have not finished calling yet and I iwll update the poll only after I have made all the calls. From this thread it looks like the hearing is on 24th. If that is the case I will make the calls tomorrow so that I could actually talk to someone.



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  • f_b_2007
    07-19 01:06 PM
    EB2-NIW, Fedex July 2nd 10:30AM NSC (concurrent filing 485/EAD/AP) was current in June.

    No news yet.





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  • vinodmp
    02-10 02:00 PM
    Any one had luck with Infopass for Ac21 /140 revoke issue ?

    Last time when I had infopass visit, they just said what I sow in the web and created a SR .

    Thanks
    -vinod





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  • aadimanav
    08-20 04:42 PM
    Source: www.immigration-law.com

    08/20/2008: Immigration Reauthorization Bills and Senate Needs a Political Push

    * There are four reauthorization legislative bills in the Congress. (1) Conrad 30 NIW bill , (2) Regional Center Pilot Investment bill (EB-5), (3) Nonministerial Religious Worker R-1 and Special Immigration bill, and (4) E-Verify Electronic Employment Authorization bill. The E-Verify reauthorization bill is very controversial adn currently facing a stong political opposition from political forces. The House passed the first three bills and forwarded to the Senate quite some time back, but as we reported on 08/02/2008, the Senate floor referred the bills to the Senate Judiciary at the last minute before the Senate left the Hill on August 2, 2008. These bills are currently presented to the Senate in two different formats: One is the format of the Senate's consent to each of these House bills separately. The other is Senator Specter's consolidated bill that put together all of these four bills into one bill. Obviously, Senator Specter's strategy must have been to tie the reauthorization bills to the controversial E-Verify Reauthorization bill. We reported that he apparently changed his mind and was pressuring the Senate Majority Leader to introduce E-Verify bill in the Senate first. Accordingly, it is unclear which strategies will work better to get these reauthorization bills passed in the Senate before they return to the election recess in early October.
    * The Senate is scheduled to return to the session on September 5, 2008, Friday, and to pick up the defense appropriation billl debates. The House is not scheduled to return to the session until September 8, 2008, Monday. Procedurally, unless each of the reauthorization bills is consented by the Senate floor without amendment, they will have to go to the conference committee or the House just consent to the Senate's amendment. The problem is the House bills were referred to the Senate Judiciary Committee just before the recess and unless a sufficient political pressure is added to the Judiciary Committee Chairman Lehey, they are destined to go nowhere when it comes to the time frame. On the other hand, Senator's consolidated bill faces its own problem because of the E-Verify reauthorization proposal. Besides, even if the Senate floor quickly takes up this consolidated bill, since it is a Senate bill, it will have to be presented to the House for their consent for the Senate versions. The question is how and when all of these actions will be taken up by the leaders of the Senate. The answer appears to be obvious. The relevant immigrant communities must recharge themselves and act quickly to add pressure on the Senate leaders to take up the bills quickly as soon as they return to the session. Probably it may be too late to attach these bills to the defense appropriation bill which they will pick up on the first day of their return to the Senate.





    dhirajs98
    06-28 04:30 PM
    As per online status "Your response received on June 15th and processing resumed". If it's pending for couple more days, As per the rule i should get my $1000 back. Will my I-140 then thrown back in the normal (non-PP) queue?

    How long USCIS tool to update the status online to show your RFE response has been received? I sent the response for RFE on June 7th and there is update about the case at all. No online status update either. God knows what they are doing with it. They are suppose to complete the case in 15 qorking days after they receive it.





    gcseeker2002
    12-06 07:29 PM
    It is possible, but what's the point? It will have later receipt date. It is better to file a lawsuit to force the USCIS to issue EAD. It will cost only $350 :)
    Has anybody filed lawsuit against uscis for EAD delays till now ? And what is the process for this, do we need a lawyer ?



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