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kishore0302

08-06 04:53 PM

DDash ,

Nothing to worry. We will be fine. I also sent my wife's 485 application on july 31, 2008 ( reached to NSC on Aug 1, 2008) .Check was deposited and cleared yesterday.

you will see your wife's check clearence today or tomorrow.


any way, Congrats...

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abhishek101

05-28 07:28 PM

It does not matter who you are working for what matters is where you are living. Let's say there is a theft at your home while living in US, will you call Canadian police or US cops?

If the answer is US cops then the answer is very straight forward, you have to play by the rule of the land where you are living,

there is only one exception

If you work in a Embassy then you are on the autonomous land of the respective country, so if you are planning to work for Canadian Embassy then you will not need any US visa.

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gc_kaavaali

03-12 03:40 PM

First off all on what basis you can say there are no jobs for H1B's.

If anybody who already done/experienced any of above cases, please advise on all above quetions with all options/possibilities. Your great experience helps lot of people like me. Please advise.

Thanks.

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wandmaker

10-20 04:36 PM

I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?

What did your lawyer say?

Anyone guys...?

I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.

let me know if anyone has the same case or gone through this.

Thanks

it is up to you decide, which side of the double edged sword you want to hold onto.

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fromnaija

10-01 06:27 PM

If you did ask for a fee waiver could you check that you entered the right receipt number? This could be someone else's case as I don't think you would qualify for a fee waiver.

Anybody ..any replies ??

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jkays94

05-25 01:20 AM

Fax sent

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JunRN

08-11 03:58 PM

At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.

You mean "AP", not "EAD" to enter into US.

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falarcari

04-05 09:31 AM

Хеллоу all!
Посмотрите на сайт:

Наша типография не обошла стороной перенасыщенное офсетное производство и используем офсетную печать для дальнейшей обработки изысканными видами печати. Голосовые смс представляют из себя ничто иное, как небольшой озвученный текст, записанный в музыкальный файл. Добро пожаловать в мир советских открыток! открытки с юбилеем 35 (http://lintoncnoo.narod2.ru/part2/otkritki-s-yubileem-35.html)

Когда последний раз вы сами их подписывали? А вот если к нему будет прилагаться милая открытка со словами, которые будут идти от вашего сердца, то ваше поздравление уж точно запомнится надолго и будет действительно индивидуальным. Тебе, его просто выпихивают из гнезда, полетит - не полетит, разобьется - не разобьется. поздравительные открытки из бумаги (http://omegaewaldjk.narod2.ru/part5/pozdravitelnie-otkritki-iz-bumagi.html)

Рассмотрим несколько критериев, которым должна соответствовать типография. Пусть в этот чудный праздник, Пусть в эту волшебную ночь Под звон фужеров хрустальных Уйдут все невзгоды прочь. Виртуальные открытки электронные открытки влюбленных или годовщину совместной канцелярские товары, керамические горшки все виды печатных работ. mms открытки с днем рождения (http://jodiwet99bc.narod2.ru/part5/mms-otkritki-s-dnem-rozhdeniya.html)


Прошу прощения, если написал не в ту тему, коли так, плз, непеправьте в нужную тему...
_______
Спасибо

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helpfriends

04-15 11:23 AM

L1A non-immigrant visa. Thank you

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billbuff123

10-24 12:23 PM

yes, really I missed that oppurtunity by 7 days. my only question is
Can she stay here until I94 expires? or for 180 days?

Thanks

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GCSeeker123

03-24 12:07 PM

Yes you can Port your PD if your EB3 I-140 is Approved.
Once the I-140 gets Approved the PD is locked.
You can file a Labor under EB2 Using your MBA degree, once this Labor gets
Approved attach your OLD EB3 I-140 Copy and Port to your NEW EB2 Case.

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ilwaiting

07-01 03:18 PM

Then looks like they have to review at least 94% of the cases they rejected.

Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.

Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�

http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf

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ashkam

08-13 08:06 AM

My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd

LUD is 8/12/2007

Does this mean anything ?

I have an LUD of 8/12/07 as well and I sent my 485 on August 7. Therefore, I think this LUD means diddly squat.

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god_bless_you

04-23 10:40 PM

Finally, My I-485 got approved.
PD:MARCH2002, EB2, INDIA
RD: MARCH 2007
Thank you All!!
:)

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dilipb

02-13 11:30 AM

My 485 receipt Date is July 5, 2007. Today i got a mail saying they have sent an RFE on my 485 App. It could be for Original Employment Letter as i sent a copy of the letter.

FYI my PD is Sep, 2006 EB2 India

This does mean that they are processing applications since processing date has jumped to 18/19 july 2007. But I think even if you furnish missing information to them, they will say everything is okay, but since currently PD is not current, they will just keep your application ASIDE. and continue processing other applications. They will really give us a GC - I DONT KNOW WHEN....I am seriously thing 2-3-4-5 years!

SAD.

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BECsufferer

08-25 11:17 PM

I have been there a couple of times - once to the old office and more recently to the new office. Just make sure you pack a lot of patience because they made me wait for about 3 hours for my number to be called. When enquiring about name checks, they werent helpful. They quoted policy of not sharing info about cases pending in security checks. Congressional liaisons are generally more helpful. I hope my experience was timely enough to be helpful. Good luck!

Thanks for keeping me on ground ... only time I had been their was for fingerprinting 2 yrs ago. So not expecting much ... but got to line out questioners:

1. Whatz up lazy dude? ... this will put him/ her at ease, next
2. Check upon case status for my I485? ... this will make him bang the keys. REsult nothing.
3. Alright, is the namecheck done? ... He will shrug shoulders
4. Were the fingerprints alright? ... replies uh. I reply, than why the $u@^ did u let them expire
5. Has my application pre-adjudicated? ... nope.

Bingo ... worth my trip. And I leave.

You guys think I missed something?

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transpass

08-04 11:17 AM

Hey, great example and at a good time.

....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....



May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...

I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D

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CantLeaveAmerica

04-07 10:18 AM

Hi, I am in exactly the same situation. Would just the I-140 receipt number suffice? My employer also hasn't given me any copies of the I-140 and labor certification copies. My I-140 is approved and it's been more than 180 days since I-485 filing..please advise.

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lazycis

01-15 12:16 PM

Wow! That should save me a bunch. I smell immigrationvoice is getting another donation soon :).

Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..

Thanks!!

Quite a few employers do not pay full salary while you are on the bench. It does not mean it's lawful.

Here is the link to access the regulation in question
http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=41788073114+1+1+0&WAISaction=retrieve

Look at page 132.

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willigetgc?

12-09 01:29 PM

EB2 India - No movement 08/May/2006
Eb3 India - 10 day movement 22/Jan/2002 to 1/Feb/2002

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pappu

06-16 09:22 PM

Good comparison. if you have more informatiion, do add to this thread.

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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