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leonqiu

06-14 09:06 PM

What do you mean by AP and EAD delayed? Once you have applied for your 485 and all things considered OK, you should get your AP and EAD. If dates retrogress again, you will have to keep renewing your AP and EAD till you get your GC. How long it will take to get AP and EAD? Right now, I believe it will take a lot longer, maybe upto 6 months given the load of apps. they will receive.

looks like the sooner you submit the package, the better !!! even if I don't harbor any hope to get my GC before mid-2008.

Status:
PD: May 2006
I-140 approved.
EB-2

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AgentM

07-17 07:22 PM

The WAR ain't over YET.

Don't get carried away with these small victories, you will be stuck with EAD for the rest of your lives.

Don't forget the main goal, "Increase of the VISA numbers".

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ss1026

04-18 09:33 AM

I am waiting to hear something for my wife. She would hate it to sit at home for one year

Let see......


I will update this thread if i hear something

Looks like you were able to apply for I-485. Is there a reason why your wife would want to go on H-1B instead of EAD?

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glosrfc

01-02 05:44 PM

Are you considering actually creating something in AS1?

:)

I already have something in AS1 that fits the guidelines of this competition perfectly!

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logiclife

03-01 03:34 PM

Now we know the efficiency reasons behind backlog centers.

9 + 10 = ?????????

Any surprise why many of us didnt get 45 day letters? Imaigine how the number 45 was derieved?

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aadimanav

11-02 11:06 AM

exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, .

If you take out 61000 out of a queue the queue becomes smaller. It is as simple as that.

The thing is that you want to see from the point of view where you are standing in the queue. If there are no nurses ahead of you in the line (as Paskal mentioned that earlier 50,000 were recaptured), that doesn't mean there are no nurses behind you in the queue. Overall size of the the queue becomes smaller.

However, it would have been good if the recapture was for everyone (not just nurses). Something is better than nothing. No recapture is better than recapture for someone.

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ksircar

07-30 08:39 PM

As far as I know your son is safe as I485 has already been filed. I had a similar situation with my daughter, she became 21 only yesterday, but I filed her I485 on June 25 and according to my attorney, she should be fine.

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bindas74

05-16 12:28 PM

Bindas,

I believe one can send all applications in one packet, but be sure to include separate copies of supporting documents for each application with each sub-packet (per app). If paying by check, send separate checks (although I seem to recall you saying you'd paid by credit card).

Keep us posted on your renewal experience!

Thanks,

Thanks X-Wing. Will keep you all posted about my experiences.

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belmontboy

04-30 12:13 PM

We are a small group, and most of our provisions are reasonable, and hopefully we can get our provisions passed. I wish the same for the undocumented too. If it happens in one bill all the better!

Right.

But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.

Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.

Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward

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sara_apk

04-16 04:05 PM

While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
You can hope to get the refund and if not write to uscis and they are honest about these things.

Thanks for your reply. Do you know the address information of USCIS that I can ask them about this?

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aj_jadeja

02-07 08:56 PM

Here is some more info

I am traveling from

From GSP ( Greenville Spartanburg) to Ahmedabad
or from ATLANTA to Ahmedabad

thanks


my opinion what ever route u go u will have minimum 2 stops . IF u take direct flights like ny/chicago to delhi then u will have to fly from delhi to ahd.

what ever route u fly cost will be from $1300 to $1500

so my take would be this.

Atlanta - LA - singapore - ahmedabad (via singapore airlines).

no transist visa needed

service and food/drinks of singapore airline just superb.

singapore airport is also superb. nice entertainment area / food court. btw it has desi fast food place so you can enjoy good food there too.

last thing singapore to ahd direct flight :)

aj

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swashbuckler

06-17 08:23 PM

Thanks to every one for considering my message and answering to the questions.

Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.

Regards,
swashbuckler

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ChainReaction

06-25 08:42 AM

My I140 is pending at Texas Service center ,so i will be mailing my 485 at the address stated @ TSC I140 receipt notice.

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johnwright03

02-13 11:33 AM

H1B - LCA Related Issues - How can we save ourselves ???
I guess everybody know by now that ICE arrested 11 H1 workers(Yes , it is 11 H1 employees) mainly due to mail fraud/wire fraud, and these frauds are resulted due to the fact that these H1 employees are not working at LCA mentioned location.


Are these folks Employees or the Employers...??? I guess they are the employers..!!! but sure this is going to fall on EMPLOYEES too soon..!!! So, Make sure you have proper paper work from your employer, if not fight for the right paper work..!!!

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chanduv23

09-09 02:31 PM

REDMOND HEROS
BELLEVUE CHAMPIONS
KIRKLAND STARS

COME ON MARINERS - LETS MOVE THE RAINIER LETS BRING THE CASCADES TO DC

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thamizhan

07-17 10:46 PM

any news about the unused visa numbers to be recalled ?

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factoryman

06-18 12:37 PM

so, my city / state is : Bellingham/ WA

where he I-94 is issued.

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damialok

03-26 01:48 PM

Vancouver takes around 4 business days to give your passport with Visa stamped on it. My cousin went in 2 weeks back and he had to extend his stay for 4 more days. So plan ahead.
Actually they say it might even take 5 days too but thats unlikely.

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varumo_varatho

12-25 10:58 AM

Varumo_varatho,

Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.

Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?

If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.

I would suggest you to change your screen name to Thriyumo_Thriyatho

Dear Mr. Rude Know it all aka austin gc,

I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.

I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.

On the topic, the thread opener can talk with his lawyer on what i posted.

Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.

Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.

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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

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hate_me

03-28 10:41 AM

Amount: $100
Receipt ID: 8XN17151GH219590E

This was yesterday and I had posted it in another thread

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