.JPG "#39;The Daffodils#39; by: William")
msyedy
02-07 10:23 AM
Hi,
I need you advice.
I have Labor and 140 cleared under EB3 (worldwide) and waiting for 485 to file. PD is December 2005. I am software developer/engineer
I asked my company lawyer to file for EB2 since EB2 is current. This is what their response is.
"DOL has come up with what they consider to be job classifications and separated those into the job zones. There are very few which make it to zone 5 and they include such things as surgeons, lawyers, physicists and the like, in other words highly specialized positions requiring a higher than normal education path and many years experience. There are no computer related positions listed under Job Zone 5. All our positions fall under Job Zone 4 which does not lend itself to EB2 filing. We can�t file under EB2 due to DOL restrictions to minimum requirements for positions."
Is it true that computer professionals now can not file for EB2? Is there any way that EB2 can be filed? Is it not possible?
Please help.
No.. You can file under EB2? I dont know where you hered that from, my friend is about to file his EB2 he is in his advertisement stage.
Second thing.. Who told you that the EB2 is current, EB2 is sitting at 11 Jan 2003 and for 5 months now. No body knows when will it move and how many days it will move......
Even EB2 NIW is also in the same situation so how is your lawyer saying it is current. I guess you are lawyer is a barber.
I need you advice.
I have Labor and 140 cleared under EB3 (worldwide) and waiting for 485 to file. PD is December 2005. I am software developer/engineer
I asked my company lawyer to file for EB2 since EB2 is current. This is what their response is.
"DOL has come up with what they consider to be job classifications and separated those into the job zones. There are very few which make it to zone 5 and they include such things as surgeons, lawyers, physicists and the like, in other words highly specialized positions requiring a higher than normal education path and many years experience. There are no computer related positions listed under Job Zone 5. All our positions fall under Job Zone 4 which does not lend itself to EB2 filing. We can�t file under EB2 due to DOL restrictions to minimum requirements for positions."
Is it true that computer professionals now can not file for EB2? Is there any way that EB2 can be filed? Is it not possible?
Please help.
No.. You can file under EB2? I dont know where you hered that from, my friend is about to file his EB2 he is in his advertisement stage.
Second thing.. Who told you that the EB2 is current, EB2 is sitting at 11 Jan 2003 and for 5 months now. No body knows when will it move and how many days it will move......
Even EB2 NIW is also in the same situation so how is your lawyer saying it is current. I guess you are lawyer is a barber.
wallpaper #39;The Daffodils#39; by: William
gc_on_demand
06-12 01:01 PM
Most of the folks are missing the point about the prior years approval numbers. All the approvals from 2004 - 2008 are padded with huge visa number from FB spillover and the recapture provision of AC21. From this year onwards we have to live with the usual ~3K per country per category limit. This is the reason why Charles Oppenheim is predicting decade long wait for EB2 I/C and all EB3's. We continue to beat down Oppenheim claim with our own numbers, but he knows more about visa numbers than any one of us.
Let us dream about recapture being a panacea to the problem. There is only limited amount of visa's to be recaptured (~180K) even with that not all categories can become current. Also during that last recapture debates there where lots of suggestions to stagger the usage of recaptured visa over a long time frame like 5 yrs. Even with recapture, the date movement will not be rapid, but it will be remarkably better than what it is now.
Yeah you are right. 180k visas will clean almost will 2006 end but then those 2007 and 2008 onwards has to live with 3k apps. removing counrty cap along with Recapture helps all ..
Let us dream about recapture being a panacea to the problem. There is only limited amount of visa's to be recaptured (~180K) even with that not all categories can become current. Also during that last recapture debates there where lots of suggestions to stagger the usage of recaptured visa over a long time frame like 5 yrs. Even with recapture, the date movement will not be rapid, but it will be remarkably better than what it is now.
Yeah you are right. 180k visas will clean almost will 2006 end but then those 2007 and 2008 onwards has to live with 3k apps. removing counrty cap along with Recapture helps all ..
bugsbunny
04-21 01:35 PM
Thanks ! Thats what I thought , but wanted to confirm with senior members.
i am not senior...but we do have free attorney conference calls on thurdays
We might miss a thursday or so ...we are in the process of making it more regular
But you can certainly ask this question over there and confirm it with the immigration attorney.
i am not senior...but we do have free attorney conference calls on thurdays
We might miss a thursday or so ...we are in the process of making it more regular
But you can certainly ask this question over there and confirm it with the immigration attorney.
2011 hair william wordsworth daffodils poem. bieber, William; bieber, William
vishwak
08-11 08:46 AM
sorry to hear that, when is your PD.
Hopefully from October 2010 the date stay as it is. Did you checked the cut off data it does show 0 requirement prior to 2006.
Its 26May. I don't think they will move something in Oct right???
Hopefully from October 2010 the date stay as it is. Did you checked the cut off data it does show 0 requirement prior to 2006.
Its 26May. I don't think they will move something in Oct right???
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dhirajs98
03-10 10:49 AM
thank you, dhirajs. What was the amount (so that i can add it to the total)? Thanks..
$50
$50
Rayyan
01-06 08:42 AM
Hello Rayyan,
Thanks for coming forward to help this cause. Your contribution, words of support and enthusiasm helps everybody to maintain higher level of motivation which is so important for this kind of volunteer effort . Thank You.
We also need more active members in Miami as it is a huge city. Would you like to take up the responsibility to post the flyers in Chinese/Indian/Philipino stores or other places where people from these or other immigrant community gathers? Or maybe simply send out emails to send the same message to your friends. It is ok if there is any constraint.
Again, Thanks for your support.
-WP
Thank you WaldenPOd. I am a pharmacist and I am always extremely bz with my work and two kids. but my wife is actively participating in this effort. She has already posted flyers in Indian store and restaurant. I will ask her to post it in Chinese and other store.
She is actively sending email to friends and relatives to join IV. Also, we are planing to visit universities around our area during this weekend and post flyers
.Let me know what else I can do.
Thank you guys for your brilliant efforts :)
Thanks for coming forward to help this cause. Your contribution, words of support and enthusiasm helps everybody to maintain higher level of motivation which is so important for this kind of volunteer effort . Thank You.
We also need more active members in Miami as it is a huge city. Would you like to take up the responsibility to post the flyers in Chinese/Indian/Philipino stores or other places where people from these or other immigrant community gathers? Or maybe simply send out emails to send the same message to your friends. It is ok if there is any constraint.
Again, Thanks for your support.
-WP
Thank you WaldenPOd. I am a pharmacist and I am always extremely bz with my work and two kids. but my wife is actively participating in this effort. She has already posted flyers in Indian store and restaurant. I will ask her to post it in Chinese and other store.
She is actively sending email to friends and relatives to join IV. Also, we are planing to visit universities around our area during this weekend and post flyers
.Let me know what else I can do.
Thank you guys for your brilliant efforts :)
more...
she81
09-27 02:23 PM
I guess using our degrees to pass on a message is a fool-proof idea. That can immediately catch on with media like flowers did. If not stoppers, we can write our message in bold colors on the degrees.
Indeed thoughtful. I'm all in for it.
Indeed thoughtful. I'm all in for it.
2010 “Daffodils” by William
pointlesswait
02-23 11:37 AM
my dear.. pretentious pseudo middle class desi...
i know ppl like you...
you wear an armani to office but still carrying curd rice and pickel for lunch...
you rejoice the success of slumDOG..with your liberal friends...with a martini glass filled with water..in hand..because ur amma told u not to drink alcohaal..;)
according to u ...we are losers because we dont like being called a DOG in 21st century...
if you want to wag ur skinny brown ass ..eveytime SlumDOG is uttered..thats ur problem..
It took a richard attenborough to show case Gandhi and it took Danny Boyle to show case Rahman's talent. as simple as that.. people who cant rejoice at this moment are sore frigging losers. end of story. :D
i know ppl like you...
you wear an armani to office but still carrying curd rice and pickel for lunch...
you rejoice the success of slumDOG..with your liberal friends...with a martini glass filled with water..in hand..because ur amma told u not to drink alcohaal..;)
according to u ...we are losers because we dont like being called a DOG in 21st century...
if you want to wag ur skinny brown ass ..eveytime SlumDOG is uttered..thats ur problem..
It took a richard attenborough to show case Gandhi and it took Danny Boyle to show case Rahman's talent. as simple as that.. people who cant rejoice at this moment are sore frigging losers. end of story. :D
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somegchuh
07-22 01:40 PM
That's exactly my point. I am not saying one should not go to India. Canada is really an option for those who have spent a significant part of life in US and for personal reasons would like to live in Canada.
That having been said, I would lile to hear experiences from those who have moved to canada or who have "real" friends who have moved from US. I am not interested in hearsay.
If you have moved from US to canada and had a bad experience please post it because we should know what to be prepared for.
I have heard the following -ve things about canada.
1. Smaller economy
2. Fewer IT jobs
3. Require licensure in other fields
I think the above are true but I want to hear real stories.
1. What kind of software co.s are there.
2. What kind of IT support organizations(bank/healthcare/manufacturing) are there.
3. What skill sets are in demand.
4. How hard is it to land interviews.
5. What kind of interviews can one expect
What are the +ve things about canada?
1. Freedom to choose profession
2. Freedom for wife to worl
3. Cheaper housing.
4. Anything else?
Let's keep the ideas flowing ....
Here is what people forget in this debate. They point out disadvantages of Canada over US. Fewer jobs, High taxes, extreme cold etc.
No doubt US is better than Canada for most people. That is why US is our first choice and Canada is backup - not the other way around.
We arent talking about people who have a choice here. If you had choice between US GC and Canadian PR we would always choose US blind folded.
But we are people without much choice. Yes we have choice to go back to India, and it may be a good choice for thoise who have come recently and have work exp in India. But some of us have spent 10 plus yrs in the US, have US degrees, never worked in India etc. For us it is extremely difficult to move back to India when we dont have a days work exp there. Ofcourse if you are SC/ST or OBC o reserved category your kids have great future there but not for other "normal" people.
So what other choice do we have. Well English speaking countries you can migrate to and who are taking people as PR's are:
1) CANADA
2) AUSTRALIA
3) NEW ZEALAND
4) SINGAPORE
5) UK.
UK is very difficult to go to as PR. The points required are extremely high. Unless you have MBA from top 10 school or make over 100 K it is difficult.
Singapore is a good option also, but cost of living is high and you can only apply for PR after working in Singapore for 3 plus yrs. Also Singapore is not a democracy.
New Zealand economy is 10 times worse than Canada
That leaves Australia and Canada. Well Canada is closer to US, but Australia has better weather. Canada is less racist but Australia has cricket :).
So bottom line is conduct this discussion as if US is not the option. If we could stay here with PR for sure we wouldnt even be having this discussion.
That having been said, I would lile to hear experiences from those who have moved to canada or who have "real" friends who have moved from US. I am not interested in hearsay.
If you have moved from US to canada and had a bad experience please post it because we should know what to be prepared for.
I have heard the following -ve things about canada.
1. Smaller economy
2. Fewer IT jobs
3. Require licensure in other fields
I think the above are true but I want to hear real stories.
1. What kind of software co.s are there.
2. What kind of IT support organizations(bank/healthcare/manufacturing) are there.
3. What skill sets are in demand.
4. How hard is it to land interviews.
5. What kind of interviews can one expect
What are the +ve things about canada?
1. Freedom to choose profession
2. Freedom for wife to worl
3. Cheaper housing.
4. Anything else?
Let's keep the ideas flowing ....
Here is what people forget in this debate. They point out disadvantages of Canada over US. Fewer jobs, High taxes, extreme cold etc.
No doubt US is better than Canada for most people. That is why US is our first choice and Canada is backup - not the other way around.
We arent talking about people who have a choice here. If you had choice between US GC and Canadian PR we would always choose US blind folded.
But we are people without much choice. Yes we have choice to go back to India, and it may be a good choice for thoise who have come recently and have work exp in India. But some of us have spent 10 plus yrs in the US, have US degrees, never worked in India etc. For us it is extremely difficult to move back to India when we dont have a days work exp there. Ofcourse if you are SC/ST or OBC o reserved category your kids have great future there but not for other "normal" people.
So what other choice do we have. Well English speaking countries you can migrate to and who are taking people as PR's are:
1) CANADA
2) AUSTRALIA
3) NEW ZEALAND
4) SINGAPORE
5) UK.
UK is very difficult to go to as PR. The points required are extremely high. Unless you have MBA from top 10 school or make over 100 K it is difficult.
Singapore is a good option also, but cost of living is high and you can only apply for PR after working in Singapore for 3 plus yrs. Also Singapore is not a democracy.
New Zealand economy is 10 times worse than Canada
That leaves Australia and Canada. Well Canada is closer to US, but Australia has better weather. Canada is less racist but Australia has cricket :).
So bottom line is conduct this discussion as if US is not the option. If we could stay here with PR for sure we wouldnt even be having this discussion.
hair daffodils poem. wordsworth
gcdreamer05
02-02 01:50 PM
Hi Diptam and others, few questions about FOIA,
1) My employer does not want to share the original I-140 either, so i too want to apply via FOIA, do you know what is the cost of applying ?
2) If we apply, will the employer get to know ? does uscis send some notification to the employer that the employee requested a copy of I-140 approval notice?
Thanks, has anyone successfully got it back ?
1) My employer does not want to share the original I-140 either, so i too want to apply via FOIA, do you know what is the cost of applying ?
2) If we apply, will the employer get to know ? does uscis send some notification to the employer that the employee requested a copy of I-140 approval notice?
Thanks, has anyone successfully got it back ?
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reddymjm
01-22 11:38 AM
I understand.
hot daffodils poem by william
sorcerer666
04-21 02:05 PM
Why not parents have a different category... not B2. maybe P1/P2
B2 is tourist visa. Parents are not tourist.
We are here because of our good parents. Forgetting them is most disrespect we do in life.
If we don't care our parents, when we become older(parents) how will our kids will care us?.
Research are proving...if we live together as family like in olden days...many health issues will disappear...everybody will be happy, no stress.
We need to go back to older family system. Now we are proving...green is better. food is medicine. So why not staying together with parents is not good?. This lead us to have a strong long lasting life.
again, you can give your greencard to one of us millions waiting and you can go back home and lead a no-stress life :D
B2 is tourist visa. Parents are not tourist.
We are here because of our good parents. Forgetting them is most disrespect we do in life.
If we don't care our parents, when we become older(parents) how will our kids will care us?.
Research are proving...if we live together as family like in olden days...many health issues will disappear...everybody will be happy, no stress.
We need to go back to older family system. Now we are proving...green is better. food is medicine. So why not staying together with parents is not good?. This lead us to have a strong long lasting life.
again, you can give your greencard to one of us millions waiting and you can go back home and lead a no-stress life :D
more...
house In the poem quot;Daffoldilsquot; by
franklin
09-21 12:48 AM
i really appreciate and applaud what you and other members of immigration voice and other pro-imigration groups have done but for personal reasons i believe that fighting the congress is a losing battle and i sincerely doubt if we'll have any pro-immigration bill passed before the 2008 presidential election and when the new president comes this will fall att the bottom of his/her agenda. Look at Bush's tenure he's promised pro-immigration measures since 2004 and squat has happened. The issue is that there a lot of anti- legal and illegal immigration activists and congress members who will make sure nothing goes thru the senate or the house.
I respect your right to say this. You must respect my right to say "if you do nothing, nothing will happen"
I respect your right to say this. You must respect my right to say "if you do nothing, nothing will happen"
tattoo wordsworth daffodils poem
nixstor
08-01 02:18 PM
I am trying to underscore the point that "Smart kids doesnt necessarily need to get into IIT's, if they are US implants in India during their early teens or around 8th grade. There is a better chance that they will end up in Ivy leagues or what ever you consider equivalent of IIT's here"
I concur with the opinion of getting into IIT's is not a bench mark for success. It depends on what a person considers success. As far as "Best among best" is concerned, I used it only to compare the number of seats available for equally intelligent students in India and US. A student in India with similar aptitude, IQ and what ever comparable metrics has lesser chances of accomplishing what a student accomplishes in the US. let it be getting into IIT's or Ivy leagues.
HTH
I concur with the opinion of getting into IIT's is not a bench mark for success. It depends on what a person considers success. As far as "Best among best" is concerned, I used it only to compare the number of seats available for equally intelligent students in India and US. A student in India with similar aptitude, IQ and what ever comparable metrics has lesser chances of accomplishing what a student accomplishes in the US. let it be getting into IIT's or Ivy leagues.
HTH
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pictures William Wordsworth#39;s
amsgc
09-04 10:03 AM
Just in case there are some folks who haven't voted yet - please vote
dresses MC Nuts performs the Daffodils
lakshman.easwaran
07-01 09:46 PM
Does anyone know whether hard copy of Labor approval is required for filing Form 1-140. My Labor status shows certified, but my lawyer is conveying that they have not received my hard copy of approval to process Form I-140 and 485. Can some one tell me if we can take a print out of Labor approval from online status and use it for filing 140.
more...
makeup brought my favorite poem,
leoindiano
05-29 11:25 AM
It is a competition, Indian kids are winning. This is not ultimate thing in life. Still last night it was highly viewed, coveted title and winning it is not a small achievement. I would say just be happy for them.
I am happy for the girl and their family. I wish her best of luck and hope she would become BEST neurosurgeon in USA.
I am happy for the girl and their family. I wish her best of luck and hope she would become BEST neurosurgeon in USA.
girlfriend Lake District daffodils
StarSun
05-27 04:43 PM
Few members have spoken to me about participating in the advocacy days, however, you may have not signed the registration form. Please do so. This will allow us to tie you in with your representative when we confirm our appointments. The form is available on the first post in this thread.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html
hairstyles daffodils poem by. nozerd
immigrant2007
06-30 02:11 PM
I wish it was so easy. USCIS cannot just do fixes on their own. Getting the administration to support us and get some fixes is what IV is working on.
I wish more people had come to the advocacy event. They would have seen first hand what amount of hard work has been put in. The kind of commitment and personal sacrifices members have put in to not only get the ball rolling on the admin fixes but also building relationships on the hill.
I dont disagree with you. But I was just telling an admin fix that could be pissble and bring releief to lots of people who really need it.
I wish more people had come to the advocacy event. They would have seen first hand what amount of hard work has been put in. The kind of commitment and personal sacrifices members have put in to not only get the ball rolling on the admin fixes but also building relationships on the hill.
I dont disagree with you. But I was just telling an admin fix that could be pissble and bring releief to lots of people who really need it.
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.
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.
lost_in_migration
05-14 10:05 PM
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