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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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  • walking_dude
    08-15 10:51 AM
    I have added a poll to the thread to make it easier to determine how many IV members are impacted and are ready to participate in a campaign to fix the issue.





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  • chanduv23
    11-08 05:07 PM
    Happy Diwali to you and your family as well. And Happy Christmas to you and your family as well (In Advance).:)

    Thanks giving is coming up

    before we start researching on the hot deals, lets all take time to wish everyone on thanks giving too :)

    And offcourse Christmas and New year and then it goes on.

    Happy Diwali to you too Mark.


    This shows the spirit of oneness :)


    The message I would like to tell all IV members "Lets all unite and stand up for ourselves, lets all work together towards our goal. As a first step, please join your state chapters, if you have not joined already"





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  • hemya
    07-16 09:08 AM
    I have just sent it to Senator. George Voinvoich (R-OH) and Senator. Sherrod Brown (D-OH)

    I guess we are in the same area!!!:)



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  • pmb76
    07-19 04:13 PM
    EB2 India - PD Nov 2005 Reached July 2, 9:01 am





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  • gc_mania_03
    08-28 02:23 PM
    1) 2-passport size photographs with your A#, name written on the back.
    2) Letter justifying the need for AP.
    3) Copy of I-485 receipt
    4) Copy of old AP.
    5) Copy of Passport information page (or) DL
    6) Copy of Confirmation notice of e-file.

    Folks,

    I need some advice on AP filing.

    I E-Filed my wife's AP last weekend and promptly sent the documents. But, just now I realized that I did not enclose the passport-photos with the packet.

    What do you think can be done now?

    I plan to send another packet, with a cover letter stating that I had forgot the photos and they are in the packet. I also plan to enclose the confirmation receipt with the packet.

    Should that be enough?



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  • abhijitp
    03-11 03:57 PM
    Sure, your point is very much valid. What I understand from the Freakenomics experiment and EB3I behavior with respect to IV is that only a few folks have the perseverance to go all the way from D to B.

    Take 100 folks with C grade and give them the $50 offer for B. May be 80% will reach that goal. (I do not recall the actual results of the experiment).

    Take 100 folks with D grade and give them the $50 offer for B. Ideally we should see 80% of folks improving their grade to a C (one level up). But in real life only may be half as much (40%) will actually improve their grades to a C.

    An important difference here is, no matter how many participate in this campaign in DC, we all move up a grade at some point.

    We will all move a few years sooner if we try, and years later if nobody tries anything. (But we will still move!)

    Folks just need to decide: what's more preferable? Slower of faster?





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  • snathan
    04-21 03:23 PM
    To OP: Why didn't you add your parents to your GC application as your dependents? Check if you can do so now..?

    I believe its only for spouse and unmarried kids under 21.



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  • pd_recapturing
    06-28 01:49 PM
    You should get your EAD within 3 months of your application provided your I485 is already applied or applied along with EAD; EAD is independent of your I-140 approval.
    This is wrong. EAD can be issued when both of the following conditions MUST meet:

    I140 has been approved
    I485 application is 180 days old





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  • xu1
    07-21 01:05 PM
    I first immigrated to Canada, got my citizenship and then came here to the US and am languishing in this stupid GC queue for the past 7 years..

    Inspite of all the freedom to go back to Canada, I would now, rather move back to India than any other place...

    Forget the little hardships in India..what matters is that India's IT economy is booming...booming like probably no where else in the world!

    Why not, go back there, repay the country that gave me all the skills in the first place, and at the same time participate in that booming economy?
    I agree with the sentiment. But the reality is many immigrants who evaluate the canadian option would want the paperwork that you have. Don't indian citizens, like the Chinese, require a visa to visit EU countries, commonwealth countries such as Australia, Fiji, the carribeans, pretty much anywhere in the world? Especially the more entrepreneurial ones amongst us all would want easy access to western markets and eastern talent pools. Sure it's still manageable to foresake what you got here, but I really want easy travel documents and the freedom to choose where I live and work.

    There's no need to discourage people who choose to want to stay in the western hemisphere for a little longer.



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  • gccovet
    09-23 12:39 PM
    Is the link still working.....what time are they supposed to begin

    No its not working for me.
    Getting message:

    "link that you used must be outdated or inaccurate"

    GCCovet





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  • pmpforgc
    07-14 10:51 PM
    Because of my one of the diseases I am always worried about DISABILITY insurance.
    I always try to get Short term and Long Term disability insurances through employer.

    But the problem is they always start with long preexisting exlusions and when you change jobs they dont continue so have to start new one which also has other new preexisting exlusions to start.

    You can convert your longterm disability to the personal policy if you have that for long time. but they are not valid if you get new job.

    Is there any private/personal (not employer sponsored) Short and long term DISABILITY Insurance policies that we can purchase out side of the job.? How are the premiums? Are they reliable?

    also do any of you know case where LIFE INSURANCE was actually paid and how easy/hard the process was for family?

    Also similar experiences if some one know if any one used DISABILITY INSURANCE and how hard it was?



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  • kavita
    07-02 11:11 AM
    who would be a good lawyer to consult regarding this?





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  • wrldnw4me
    02-24 01:03 PM
    Did my part..

    Thanks for all your work.



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  • brij523
    04-08 04:25 PM
    I think it is individual decision to go back to home country or not. But taking a global look - We Indian make more money here. Average salary of Indian is $65,000+. We can save more. We get more comfortable life style. Only problem is GC, H1-B.

    I hope you will not be surprised that many of us have gone back and started our own company and are successful.





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  • wellwisher02
    05-13 04:46 PM
    I would strongly suggest, people refrain from using words like injustice, etc., Injustice implies the US govt is doing something wrong, when they are not. Such accusations do not reflect well on us and are unlikely to benefit in any meaningful way.

    Desis are impacted because we are just so many of us. No other reason. Keep in mind that we are still walking away with the bulk of green cards each year, far above the stipulated Quota.

    The Green card system exists for the benefit of America. It will not be tailored to meet the individual needs of overpopulated countries. All we can do is request them to improve the system and make it easier for applicants. Taking the aggressive approach of accusations, demanding for change, asking for more, etc., will not work.
    ---
    Agree with you! I faintly remember a reputed attorney filing a suit against INS a couple of years back against protracted GC on behalf of the GC community. It was rejected outright.



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  • forgerator
    03-24 11:26 PM
    My sincere advice to the OP is to avoid posting such sensitive questions on a public board (as can be seen from the backlash by a majority of the posters).

    OP , your best bet would be to get a consultation done with an immigration lawyer. And don't worry about others labeling you as a criminal, what's done is done, the important thing is that you learn from your mistakes and never do this again. good luck.





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  • nixstor
    10-12 02:39 PM
    Training and educating who doesnt have the background takes yrs. Businesses cannot afford to wait that long time. I feel that Jim Austin didnt address your question but asked you another question. Maths and Science are the 2 subjects US citizens need to pick up right from school. There is nothing much any one can do to change it night over night.





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  • sandeep_1
    08-18 02:11 PM
    If you read through the forums, there are few suggestions.

    a) Call USCIS and submit a service request to expedite the process.
    b) Fax NSC with a request to expedite the process based on humanitarian ground.
    c) Wait.


    Called USCIS on friday and asked them to expedite since i can lose by job. current ead expires on sept 5 th and filed renewal on june 24th. I see so many cases getting approved with much later dates.
    Any sugestions on what steps to follow?
    my company won't let me work even 1 day after ead expiration





    ashkam
    05-13 12:51 PM
    When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.

    Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
    As per this rule, USCIS is not actually feeding the hungry.
    Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
    If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.

    What are you talking about? There are a limited number of green cards each year. The US wants the best of the best to get these green cards. Therefore, more preference is given to those with a higher degree or more experience. What's unjust or unfair about that? The trick is to look at things from the American perspective and not from the immigrant perspective.

    And for the record, I am an EB3.





    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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