chanduv23
09-25 12:17 PM
Thanks for the information logiclife. Being a low level mod myself, was a bit concerned, but now we have this information.
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samcam
05-19 11:32 AM
Welcome to our newest guest alex_dong.. 3872 members and counting!!
smuggymba
09-30 03:04 PM
mods - please delete
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bfadlia
07-19 02:20 PM
my wife is pregnant and we told the civil surgeon she tested +ve in the TB test two years ago. He decided he'll indicate that in his report and he won't ask her to do the TB test, x-rays and some vaccinations, said we can do them after she gives birth and USCIS will have no problem with that.
Is he being optimistic / interpretting rules loosely?
Thanks.
Is he being optimistic / interpretting rules loosely?
Thanks.
more...
bombaysardar
07-17 10:22 PM
If you look at the rules closely on the website, pregnant women are exempted from taking shots. The medical tests should not be a problem.
iv_newbie_2007
09-17 11:28 AM
Many people here believe that if a person on H4 has an approved H-1B w/ COS from Oct 1, and that person does not really work starting from Oct 1, then he/she falls out-of-status. In our case, my wife is on H4 currently and I am on H-1B, and both of us have AOS/EAD pending.
Now, if she works for 1 month and decides to take a break, and stay home on EAD, is she still out-of-status?
I must be missing something here; because I was under the impression that if a person (derivative, and not primary applicant) has EAD, then it does not matter if he/she works or not. Then how is it that the person can fall out-of-status he/she does not go to work from Oct 1 even though H-1B w/ COS is approved?
Now, if she works for 1 month and decides to take a break, and stay home on EAD, is she still out-of-status?
I must be missing something here; because I was under the impression that if a person (derivative, and not primary applicant) has EAD, then it does not matter if he/she works or not. Then how is it that the person can fall out-of-status he/she does not go to work from Oct 1 even though H-1B w/ COS is approved?
more...
vin13
02-11 04:13 PM
I had got an RFE on my 485 for a TB retest.
My lawyer suggested that i get the whole medical done again just so that they do not request any more tests as it had been more than a year.
On the other hand, my wife's medical was OK. so we did not have to do anything.
I think it is safer to get the whole medical re done if you got an medical related RFE.
My lawyer suggested that i get the whole medical done again just so that they do not request any more tests as it had been more than a year.
On the other hand, my wife's medical was OK. so we did not have to do anything.
I think it is safer to get the whole medical re done if you got an medical related RFE.
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bah9422
08-12 04:31 PM
tom and everyone,
do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.
do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.
more...
karn.anand
11-02 07:32 AM
i Cant see my post here. Here is the link..http://www.kirupa.com/forum/showthread.php?t=337838
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raidohri
05-30 08:44 PM
Please do send the fax to all senators, if you have not send the webfax to all senators, please do so now
more...
Robert Kumar
02-11 08:12 AM
Hello,
My company is planning to do an EB2 GC for me. My H1B was done with this law firm called Chugh Law Firm which my company hires.
I had no problem in my H1B.
Here in these discussions I see many people asking to go to the best lawyers for greencards etc.
Does anybody know about this law firm, and your experiences please. Do you recommend I can be safe with them.
Thank you,
Bobby
My company is planning to do an EB2 GC for me. My H1B was done with this law firm called Chugh Law Firm which my company hires.
I had no problem in my H1B.
Here in these discussions I see many people asking to go to the best lawyers for greencards etc.
Does anybody know about this law firm, and your experiences please. Do you recommend I can be safe with them.
Thank you,
Bobby
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GCapplicant
08-14 02:10 PM
checked with uscis ...she has mentioned we have to wait 90 days for the great receipt .Thats what shows in their system.
if receipt takes so much time how about EAD.
Earlier they mentioned 45 days...now 90 days.No idea.:(
if receipt takes so much time how about EAD.
Earlier they mentioned 45 days...now 90 days.No idea.:(
more...
house Alison Brie-Hot or Not?
gcseeker2002
11-12 02:54 PM
http://mexico.usembassy.gov/eng/evisas_third_country.html
It is only for those people who are changing visa types, not for renewal stampings.
It is only for those people who are changing visa types, not for renewal stampings.
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forgerator
07-31 07:08 PM
I hope they did not hire "loser's guild" to do the job :D:D:D
That would be a conflict of interest. If they were hired, I'm sure they would start writing code like "If status == H1B then Add delay = 50 yrs"
That would be a conflict of interest. If they were hired, I'm sure they would start writing code like "If status == H1B then Add delay = 50 yrs"
more...
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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.
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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mkolp
07-07 11:51 AM
Good idea
more...
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digmetalq
04-15 02:14 AM
Cathay Pacific I'am sure, because the last time i travelled from SFO to Mumbai and back to SFO, mothers were holding their babies trying to pacify their babies, it was like all the babies were crying in symphony one after another, not a single passenger complaining, better than any other airline, if you have a family of children and elderly, I also got up to strech my legs, not one flight attendant came and asked me to seat at my designated space. you feel like home. That is my experience.
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bkn96
02-18 10:58 AM
My MTR got approved in 2 months from TSC.
But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?
I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.
But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?
I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.
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hate_me
03-18 12:05 PM
Cool, so thats it, its best to wait for an rfe and respond when you recieve it, if at all
actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.
actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.
nareshg
12-16 06:17 PM
They might be sending second FP notice every 15mnths of first/consecutive FP's done once it expires in their system..wait for that notice and dont worry about it now..
Thanks all for your replies...perhaps my question is not clear...I would have posted a new thread but was not easily able to figure out how to do so...
Will try to ask my question again...
I am not worried about when my FP expires and things on those lines....
my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...
Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ?...as I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following
Biometrics Processing Stamp
ASC Side Code: __________XTE<location>
Biometrics QA Review by ________ (officer's signature)
Tenprints QA Reivew (officer's signature)
Thanks Gurus !!
Thanks all for your replies...perhaps my question is not clear...I would have posted a new thread but was not easily able to figure out how to do so...
Will try to ask my question again...
I am not worried about when my FP expires and things on those lines....
my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...
Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ?...as I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following
Biometrics Processing Stamp
ASC Side Code: __________XTE<location>
Biometrics QA Review by ________ (officer's signature)
Tenprints QA Reivew (officer's signature)
Thanks Gurus !!
BharatPremi
07-10 01:01 AM
Hope "Flower Campaign" will not irritate USCIS and backfire on us, to tough the immigration process.
This is a classic example of impotent mind. If you fear to send flowers then you do not deserve even permanent residency of the country where you born:eek:
This is a classic example of impotent mind. If you fear to send flowers then you do not deserve even permanent residency of the country where you born:eek:
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