bmoni
08-21 10:34 PM
Thanks bushman06.
wallpaper True Blood Season 4 Promo Pics
factoryman
06-19 01:31 PM
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
singhsa3
04-30 05:35 PM
Point well taken, mades some changes
You are ignoring dependents (1.2/applicant) and name-check cases in your calculation.
You are ignoring dependents (1.2/applicant) and name-check cases in your calculation.
2011 Season 4 Promo
sp99
08-18 02:51 PM
gk_2000, how far is your place from the towers? did you try Terk HDTVa? you did not get any signal at all? or was it blurry/snowy images?
Others, there is another IPTV provider tv desi and they are also using the same box (Neulion) as Dish Network ..so may be quality would be good....
Others, there is another IPTV provider tv desi and they are also using the same box (Neulion) as Dish Network ..so may be quality would be good....
more...
thamizhan
07-18 10:47 AM
Another one...
http://www.sun-sentinel.com/sfl-flbgreencard0718nbjul18,0,1655633.story?coll=sofla _tab01_layout
http://flprogressive.blogspot.com/2007/07/now-this-is-news.html
http://www.sun-sentinel.com/sfl-flbgreencard0718nbjul18,0,1655633.story?coll=sofla _tab01_layout
http://flprogressive.blogspot.com/2007/07/now-this-is-news.html
mmanurker
08-11 11:57 AM
Done..
EB3-I, PD: Dec2003
EB3-I, PD: Dec2003
more...
snathan
05-12 07:05 PM
My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.
Thanks
Nope...you can not.
Thanks
Nope...you can not.
2010 True Blood Promo poster
lostinbeta
10-28 09:54 PM
That sucks eberth :(
more...
Ramba
09-23 02:42 PM
AOS is neither vaild non-immigrant status nor immigrant status. It is a "period of authorized stay" based on contigency of approval of 485. Though, it has work authorization, there is no law clearly says they are eligible for school or any other benefits that immigrants enjoy. Therefore, it is difficult to explain to those have limited knowledge. It is better to get a letter from immigrant lawer to explain to school or just follow what school is suggesting.
hair True Blood Season 4: Digging
naveenarjun
06-04 10:25 AM
This is the text that i see on Govtrack.us
http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
Are we missing some thing here, I see SKILL is part of this draft!!:confused:
You are looking at the OLD bill
http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
Are we missing some thing here, I see SKILL is part of this draft!!:confused:
You are looking at the OLD bill
more...
andycool
08-28 06:49 AM
Any one get refund from USCIS ??
I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.
any one sent letter for refund before ? do we have any form for refund ?
How this will work out ?
I dont think USCIS will issue refund ....
I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.
any one sent letter for refund before ? do we have any form for refund ?
How this will work out ?
I dont think USCIS will issue refund ....
hot A new episode of “True Blood”
logiclife
01-30 12:14 PM
click on the "Members list" link, I think you can see how many members are there in this organization.
--logiclife.
--logiclife.
more...
house True Blood season 4 promo
gkdgopi
08-14 07:37 PM
485 RD: July 2 2007
485 ND: July 27 2007
FP1: Aug 28 2007 - mailed received on 08/13/2007
485 Filed in Nebraska and FP notice received from Nebraska.
485 ND: July 27 2007
FP1: Aug 28 2007 - mailed received on 08/13/2007
485 Filed in Nebraska and FP notice received from Nebraska.
tattoo New True Blood Season 4 Photo
doubleyou
05-20 10:38 AM
I have been reminising in contributing , and if contribution is the only factor, will start contribution. But I did do congressional letter as and when there was a campaign.
But more than for me, i am reaching out to all others in IV.
But more than for me, i am reaching out to all others in IV.
more...
pictures True Blood Season 4 Promo
akhilmahajan
04-30 10:24 AM
I will like to start this thread.
I140
filed March 2nd, 2007
Receipt date : March 8th, 2007
Thanks.
I140
filed March 2nd, 2007
Receipt date : March 8th, 2007
Thanks.
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newlife2
09-19 10:18 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
more...
makeup OF TRUE BLOODS SEASON 4
Hinglish
03-03 11:24 AM
AGI = American Greencard for Indians
girlfriend Tags: HBO, True Blood
factoryman
06-14 07:50 PM
SSN sooner. Kids over 14 can work and earn pocket money.
On Receipt of filing, you can apply for FAFSA (student loan).
You are first in the line.
Six months will pass by and hopefully you will get EAD in 3 months.
If dates retrogress, you still have a sooner AC21.
With filing and FP, all that you need to do are done. No worries.
Peace of mind.
On Receipt of filing, you can apply for FAFSA (student loan).
You are first in the line.
Six months will pass by and hopefully you will get EAD in 3 months.
If dates retrogress, you still have a sooner AC21.
With filing and FP, all that you need to do are done. No worries.
Peace of mind.
hairstyles Season 4 Promo
conchshell
07-30 12:43 PM
Same situation happened to me - My status shows as card production ordered while hers have no update.
The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon
sujith1, can you post when did you both filed for EAD, where, and when did you get approval for you only.
Same here sujith1, I am on H1B (AOS) and she is working on her EAD.
The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon
sujith1, can you post when did you both filed for EAD, where, and when did you get approval for you only.
Same here sujith1, I am on H1B (AOS) and she is working on her EAD.
new_gc
12-17 12:59 PM
guys,
I have a situation here....i travel a lot due to a contracting job and take my family with me...we shift every 6 months once...due to this we had to face a lot of hassle in receiving fp notice and ap,ead etc...is it ok for us to use a p.o box address?so that i can get my mails every week whereever i am.....please advice...looking forward to your replies....
I have a situation here....i travel a lot due to a contracting job and take my family with me...we shift every 6 months once...due to this we had to face a lot of hassle in receiving fp notice and ap,ead etc...is it ok for us to use a p.o box address?so that i can get my mails every week whereever i am.....please advice...looking forward to your replies....
milind70
07-25 12:43 PM
Thanks for the responses.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
Get Affidavits in which u will specify the document(i.e Birth certificate ) has the parents names misspelt and the correct spelling (i.e as in passport) and plus other details you full name ,DOB and place of birth etc etc.Affidavits are required in case the information on the Birth Certificate is incomplete i.e no name or when there is incorrect information i.e place of birth missplet ,parents name not in expanded format etc etc.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
Get Affidavits in which u will specify the document(i.e Birth certificate ) has the parents names misspelt and the correct spelling (i.e as in passport) and plus other details you full name ,DOB and place of birth etc etc.Affidavits are required in case the information on the Birth Certificate is incomplete i.e no name or when there is incorrect information i.e place of birth missplet ,parents name not in expanded format etc etc.
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