.gif "Twilight#39;s Kristen Stewart")
GTGC
10-05 04:27 PM
Post your comments at this WSJ article related blog (http://blogs.wsj.com/washwire/2007/10/05/republican-candidates-rev-up-for-economic-debate/)
Thanks for the blog link....posting on thier blog would help create some awareness of the issue upfront- where other "misinformed" readers can read it and get the facts right!
Thanks for the blog link....posting on thier blog would help create some awareness of the issue upfront- where other "misinformed" readers can read it and get the facts right!
wallpaper Twilight#39;s Kristen Stewart
nlssubbu
08-22 07:21 PM
Not quite, as I understand it, if your PD is not current, your AOS will continue processing and will eventually get to a "approved, pending visa number" state. You can pretty much be in this state for some time, and then when PD does become current (as happened from May through July this year with the significant shift in PDs in the bulletins) there will be a massive approval rate of all those pending applications.
USCIS doesn't stop the application process just because your PD is no longer current
This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)
I think that they did it one time mainly to use all the unused visas. I do not know whether they will continue in the same fashion of such pre-processing in future too. If not, then that is going to be a bigger wait considering the number of applications received at their end after the July visa bulletin.
Do you think that they have enough resources available to process all?
USCIS doesn't stop the application process just because your PD is no longer current
This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)
I think that they did it one time mainly to use all the unused visas. I do not know whether they will continue in the same fashion of such pre-processing in future too. If not, then that is going to be a bigger wait considering the number of applications received at their end after the July visa bulletin.
Do you think that they have enough resources available to process all?
walking_dude
03-18 12:08 PM
Thanks for 'thanking' us. :-). We don't get it much here.
It's a well documented point that face-to-face meetings have the best chance of influencing lawmaker decisions [based on survey of Congressmen offices]. Letters come next and E-mails with addresses come the last. E-mail by anonymous senders are ignored. Hence the insistence on more face-to-face meetings.
If you don't know it already (which I doubt), sending a large number of anonymous E-mails, and making a large number anonymous posts in any forum is considered SPAMMING. IV will never participate or encourage such SPAMMING activities which will harm it's reputation (and don't help the cause too!)
If you think President is too busy to read our letters, why do you assume Bernanke is having all the time in the world to read anonymous E-mails and letters? He should be super-busy monitoring the BAD economic situation.
Regarding, "EB2 (I) and world advancing" if the trend continues its a good news for many, and lesser wait times for others. However, keep in mind that the swing will reverse soon, and dates will move back once we reach the end of the year (oct). PDs will be swinging wildly back and forth , like a pendulum, from now on. But don't count on it helping you. It's like a lottery. You may get it, or miss it. Until visa numbers are increased ,a large number of us, unfortunately, will continue to be stuck in the backlog and will be motivated to participate (once we have missed it for 2-3 years, we definitely will be more appreciative and more active).
No need to make melodramatic statements like these "people who oppose an idea(and take extra effort to shoot it down) are much worse than those who do nothing ". Nobody here is stopping you or others from doing what you deem right. We are just "suggesting" that it's not a good idea. You are free to ignore our suggestions, and do whatever you like. We too have the "freedom of expression" to make suggestions. Don't we?
first of all a big THANKS !! for doing the above. so basically we come to the earlier point - if there are not enough dedicated members (due to laziness, family priorities etc etc) then we can try the next thing i.e. send letters / emails to whoever cares to read them and pray that something happens.
as of now (and in my knowledge) IV is only sending letters to the President - who is obviously a busy man and maybe the letters dont even reach him.
and hence maybe IV should start campaigns to send emails / letters to other important people (Ben, Paulson, Realtors association etc etc ) and hope that the word reaches important people.
there is bit of urgency too ..as EB2 (I) and world start to advance ..you will get less volunteers (who take the effort to write and email)... let alone people who will take a day off to meet congressmen.
maybe people can just send emails or post messages related to legal immigration on websites which have articles on housing, economy etc ..what is needed is leadership at top to direct people (rather than concentrating on one campaign only)
people who oppose an idea(and take extra effort to shoot it down) are much worse than those who do nothing ..
It's a well documented point that face-to-face meetings have the best chance of influencing lawmaker decisions [based on survey of Congressmen offices]. Letters come next and E-mails with addresses come the last. E-mail by anonymous senders are ignored. Hence the insistence on more face-to-face meetings.
If you don't know it already (which I doubt), sending a large number of anonymous E-mails, and making a large number anonymous posts in any forum is considered SPAMMING. IV will never participate or encourage such SPAMMING activities which will harm it's reputation (and don't help the cause too!)
If you think President is too busy to read our letters, why do you assume Bernanke is having all the time in the world to read anonymous E-mails and letters? He should be super-busy monitoring the BAD economic situation.
Regarding, "EB2 (I) and world advancing" if the trend continues its a good news for many, and lesser wait times for others. However, keep in mind that the swing will reverse soon, and dates will move back once we reach the end of the year (oct). PDs will be swinging wildly back and forth , like a pendulum, from now on. But don't count on it helping you. It's like a lottery. You may get it, or miss it. Until visa numbers are increased ,a large number of us, unfortunately, will continue to be stuck in the backlog and will be motivated to participate (once we have missed it for 2-3 years, we definitely will be more appreciative and more active).
No need to make melodramatic statements like these "people who oppose an idea(and take extra effort to shoot it down) are much worse than those who do nothing ". Nobody here is stopping you or others from doing what you deem right. We are just "suggesting" that it's not a good idea. You are free to ignore our suggestions, and do whatever you like. We too have the "freedom of expression" to make suggestions. Don't we?
first of all a big THANKS !! for doing the above. so basically we come to the earlier point - if there are not enough dedicated members (due to laziness, family priorities etc etc) then we can try the next thing i.e. send letters / emails to whoever cares to read them and pray that something happens.
as of now (and in my knowledge) IV is only sending letters to the President - who is obviously a busy man and maybe the letters dont even reach him.
and hence maybe IV should start campaigns to send emails / letters to other important people (Ben, Paulson, Realtors association etc etc ) and hope that the word reaches important people.
there is bit of urgency too ..as EB2 (I) and world start to advance ..you will get less volunteers (who take the effort to write and email)... let alone people who will take a day off to meet congressmen.
maybe people can just send emails or post messages related to legal immigration on websites which have articles on housing, economy etc ..what is needed is leadership at top to direct people (rather than concentrating on one campaign only)
people who oppose an idea(and take extra effort to shoot it down) are much worse than those who do nothing ..
2011 Kristen Stewart#39;s Seven Hair
chanduv23
11-08 05:07 PM
...and that religious war is going to be brutal !!! :) :)
LOL and the woman wins ehhh - which happens in all our homes everyday :D:D:D:D
LOL and the woman wins ehhh - which happens in all our homes everyday :D:D:D:D
more...
ivgclive
10-19 06:21 PM
Hi,
Is it possible to apply for both PIO and Indian visa simultaneously. My problem is that my son born in US has to go to India in 60days. If I apply for PIO and if it will not come in 4 weeks is it possible to apply for Indian visa and then go to India on Indian visa ?
Thanks !
You can do that, if you are applying in Indian Consulates and not in Embassy in Washington DC.
1. Washington DC still requires ORIGINAL US PASSPORT (At least, they make it clear)
2. New York : Existing (valid) passport in original, along with a photocopy (Skeptical)
3. San Francisco : Existing valid passport in original, along with a photocopy (In the application form, it says for minors, send Photocopy of US Passport) (Still skeptical)
4. Chicago : The copies of first two and last two pages of foreign passport should be enclosed. (Nothing skeptical as in New York)
5. Houston : A notarised copy each of his/her birth certificate , his/her parent's latest Indian passports (either expired or not yet expired ) and his/her current US/Foreign passport and a copy of the parent's valid passport. (Guess nothing is skeptical)
Bottom line, for a US born minor, with the birth certificate + copy of US passport (notarized) are enough to give a PIO card. But the above offices of same agency follow different rules.
Is it possible to apply for both PIO and Indian visa simultaneously. My problem is that my son born in US has to go to India in 60days. If I apply for PIO and if it will not come in 4 weeks is it possible to apply for Indian visa and then go to India on Indian visa ?
Thanks !
You can do that, if you are applying in Indian Consulates and not in Embassy in Washington DC.
1. Washington DC still requires ORIGINAL US PASSPORT (At least, they make it clear)
2. New York : Existing (valid) passport in original, along with a photocopy (Skeptical)
3. San Francisco : Existing valid passport in original, along with a photocopy (In the application form, it says for minors, send Photocopy of US Passport) (Still skeptical)
4. Chicago : The copies of first two and last two pages of foreign passport should be enclosed. (Nothing skeptical as in New York)
5. Houston : A notarised copy each of his/her birth certificate , his/her parent's latest Indian passports (either expired or not yet expired ) and his/her current US/Foreign passport and a copy of the parent's valid passport. (Guess nothing is skeptical)
Bottom line, for a US born minor, with the birth certificate + copy of US passport (notarized) are enough to give a PIO card. But the above offices of same agency follow different rules.
sparuthi
09-23 01:12 PM
it's working now...the link
can you please post a workable link
thanks
can you please post a workable link
thanks
more...
moosh
07-01 10:58 PM
I appreciate if someone answerer my question. I am sure this information will help the others too.
1-I-140 approved
2-PD became current 2 months ago( according to VB website)
3-Still I did not received any letter regarding my approval and fees which I have to pay to begin CP
4-How long will take till I receive my interview?( in Montreal/ Canada)
Thank You
1-I-140 approved
2-PD became current 2 months ago( according to VB website)
3-Still I did not received any letter regarding my approval and fees which I have to pay to begin CP
4-How long will take till I receive my interview?( in Montreal/ Canada)
Thank You
2010 Kristen Stewart looked
svn
08-06 09:57 PM
Keep in mind that 485 eligibility is not just tied to employment but also FBI name checks etc. Do you think USCIS will keep on doing name-checks every other year, or issue EVL's every other year if/when they see for instance, an address change?
On that point (and back to the original purpose of this thread), I called up USCIS to check on the status on my "pre-adjudication". The customer service rep asked me why I had called up when my priority date was not current (!) and I explained that it was because I had only received a fingerprint notice once and that was in Dec 2007; also it was in connection with my EAD application, as I remember it...how can this be if all applications have been preadjudicated. However, I was surprised when the customer service rep informed that my fingerprints had been updated in Mar 2009 and were valid till Mar 2010! When I mentioned that I had not gone in for any fingerprinting since Dec 2007, she even questioned whether I was saying that those were not my fingerprints and someone else had posed as me!! After that I didn't feel like disputing her anymore! She also told me that my application had been "preadjudicated". Has anyone else seen this happen??
I am wondering if this is indicative of the fact that USCIS does not want to waste any money reprocessing fingerprints, FBI name checks etc multiple times in connection with applications that are waiting for priority dates to become current.
On that point (and back to the original purpose of this thread), I called up USCIS to check on the status on my "pre-adjudication". The customer service rep asked me why I had called up when my priority date was not current (!) and I explained that it was because I had only received a fingerprint notice once and that was in Dec 2007; also it was in connection with my EAD application, as I remember it...how can this be if all applications have been preadjudicated. However, I was surprised when the customer service rep informed that my fingerprints had been updated in Mar 2009 and were valid till Mar 2010! When I mentioned that I had not gone in for any fingerprinting since Dec 2007, she even questioned whether I was saying that those were not my fingerprints and someone else had posed as me!! After that I didn't feel like disputing her anymore! She also told me that my application had been "preadjudicated". Has anyone else seen this happen??
I am wondering if this is indicative of the fact that USCIS does not want to waste any money reprocessing fingerprints, FBI name checks etc multiple times in connection with applications that are waiting for priority dates to become current.
more...
digital2k
07-16 07:38 PM
Everyone knows that and should make more noise than you think can :
Don't stop until you are heard
Pick up phone
Write Letters
Act Now
Its high time ... now is the only time ...
Everyone - Read Please -Its for Everyone
GreenCardRecaptureCampaign.doc (http://immigrationvoice.org/forum/attachment.php?attachmentid=187&d=1216066733)
http://immigrationvoice.org/forum/sh...18&postcount=1 (http://immigrationvoice.org/forum/showpost.php?p=262818&postcount=1)
Today
Everyone should participate
Let us act to succeed Today
Don't stop until you are heard
Pick up phone
Write Letters
Act Now
Its high time ... now is the only time ...
Everyone - Read Please -Its for Everyone
GreenCardRecaptureCampaign.doc (http://immigrationvoice.org/forum/attachment.php?attachmentid=187&d=1216066733)
http://immigrationvoice.org/forum/sh...18&postcount=1 (http://immigrationvoice.org/forum/showpost.php?p=262818&postcount=1)
Today
Everyone should participate
Let us act to succeed Today
hair Kristen Stewart goes and
malibuguy007
04-01 09:03 PM
I haven't applied for green card yet. Is IV only for GC purposes or it addresses other issues too which makes life of H1b holder hell?
Not sure why you would generalize all H1b holders as experiencing hell - I for one did not. Anyways if you take the time to browse the forums you will find the answer to your question.
Not sure why you would generalize all H1b holders as experiencing hell - I for one did not. Anyways if you take the time to browse the forums you will find the answer to your question.
more...
diptam
08-22 02:24 PM
Mar 05 is my live PD. I mean i had other PD's in past but they were substituted.
What is the Point aadimanav ?
What is ur PD, Diptam?
What is the Point aadimanav ?
What is ur PD, Diptam?
hot Kristen Stewart - Tired
Imigrait
07-31 12:42 AM
Forget September, can any member say with confidence that dates for October will move forward at least 3 years for each category compared to August Bulletin?:rolleyes:
more...
house Kristen Stewart (with Taylor
coolvigo
11-05 10:25 PM
Dear friend
It looks like you can show some light on my stuggle with ICICI bank to deposit money in My ICICI NRE account.
Story is like this, I went to India this summer deposited money to several mutual funds from my ICICI NRe account. One of the investment (in franklin ) was wrong by the mistake of my agent ( because US person can not invest in some of the US based mututal funds and frankln is US based fund) So I had to struggle to get money back from Franklin, as it was not proper investment ( wer mentioned NRE US based in forms, so they should have out right rejected investment, but they alloted it and then I have to fght back to get it returned)
Luckly due to my correct application I was able to get money back from franklin. they issued RS check, which I tried to deposit to my NRE account at ICICI bank. ICICI rejected check saying it is in RS. I tried to persue them it is REFUND FROM MUTUAL FUND (NRE INVESTMENT) from the same ICICI account but they still wants the proof that it NRE money. I have still this check bouncing back between me and ICCI bank. I also approached franklin to get letter. This time they have qouted some earlier RBI rule ( I have not read letter) and I am trying to redeposit that with check again.
Here in this My bigger question is we all are investing lot of Money from NRE account in Mutual funds and other investment options available to US in India as NRI. but when it comes to getting money back in our NRE account ( naturally all returns/refunds from India investment will be in RUPEES CHECKS ONLY) then we have big trouble like One I am facing right now.
SO DOES OUR INVESTMENT IS TRUELY REPRETRIABLE.
WE CAN GET OUR ORIGINAL INVESTMENT AS WELL AS GAINS ON THAT BACK TO NRE ACCOUNT OR NOT
IS IT THE ICICI BANK ONLY or ALL OTHER BANKS ARE GIVING TROUBLE wHEN WE TRY TO REDEPOSIT OUR MONEY ( in rupees) back to our NRE account.
Please explain your experiences in this regard.
If possible also provide links that talk in more details about REPRETRIABILITY OF NRE INVESTMENT
Also let me know which is best NRE bank to work with without any such hassles in India?
Dude,
ICICI sucks......i hate those guys.....their claims are big but poor banking and customer service......personally i have found SBI to be best although they are little slow.
On the top of it....sending money for investment is a bad idea......I have already lost money in it....and now facing issues getting money back.
In the whole episode, I lost so much peace of mind that money that grew in India was not worth........I guess there is a limit to what we want but greed inside us still ask us to invest.....let it be hard way....but I have learnt a lesson....if I have to live in US....it is better that I find investment opportunities here and live a "peaceful life". At the end we all need peace !!!
It looks like you can show some light on my stuggle with ICICI bank to deposit money in My ICICI NRE account.
Story is like this, I went to India this summer deposited money to several mutual funds from my ICICI NRe account. One of the investment (in franklin ) was wrong by the mistake of my agent ( because US person can not invest in some of the US based mututal funds and frankln is US based fund) So I had to struggle to get money back from Franklin, as it was not proper investment ( wer mentioned NRE US based in forms, so they should have out right rejected investment, but they alloted it and then I have to fght back to get it returned)
Luckly due to my correct application I was able to get money back from franklin. they issued RS check, which I tried to deposit to my NRE account at ICICI bank. ICICI rejected check saying it is in RS. I tried to persue them it is REFUND FROM MUTUAL FUND (NRE INVESTMENT) from the same ICICI account but they still wants the proof that it NRE money. I have still this check bouncing back between me and ICCI bank. I also approached franklin to get letter. This time they have qouted some earlier RBI rule ( I have not read letter) and I am trying to redeposit that with check again.
Here in this My bigger question is we all are investing lot of Money from NRE account in Mutual funds and other investment options available to US in India as NRI. but when it comes to getting money back in our NRE account ( naturally all returns/refunds from India investment will be in RUPEES CHECKS ONLY) then we have big trouble like One I am facing right now.
SO DOES OUR INVESTMENT IS TRUELY REPRETRIABLE.
WE CAN GET OUR ORIGINAL INVESTMENT AS WELL AS GAINS ON THAT BACK TO NRE ACCOUNT OR NOT
IS IT THE ICICI BANK ONLY or ALL OTHER BANKS ARE GIVING TROUBLE wHEN WE TRY TO REDEPOSIT OUR MONEY ( in rupees) back to our NRE account.
Please explain your experiences in this regard.
If possible also provide links that talk in more details about REPRETRIABILITY OF NRE INVESTMENT
Also let me know which is best NRE bank to work with without any such hassles in India?
Dude,
ICICI sucks......i hate those guys.....their claims are big but poor banking and customer service......personally i have found SBI to be best although they are little slow.
On the top of it....sending money for investment is a bad idea......I have already lost money in it....and now facing issues getting money back.
In the whole episode, I lost so much peace of mind that money that grew in India was not worth........I guess there is a limit to what we want but greed inside us still ask us to invest.....let it be hard way....but I have learnt a lesson....if I have to live in US....it is better that I find investment opportunities here and live a "peaceful life". At the end we all need peace !!!
tattoo Hair Color: Mix of Light and
pappu
11-08 12:39 PM
Its good that we have a democratic majority in congress. we also now have work cutout for us to contact new lawmakers. getting more members and members willing to work for local chapters is important at this time. we need to work with renewed vigour now and finish our task. pls help with increasing membership and join your state level chapter threads. I see only very few members have posted their interest. we need interest from each member in order to succeed. I am sure we will succeed. The good times are ahead of us but we need to take advantage of it.
more...
pictures Kristen Stewart Red Hair Color
jsb
08-05 09:29 AM
...
As far as talking about peers, I consider IV folks to be my peers too. ;)
As another member of Austria has pointed out, if something has to be in a regional language, as a courtesy, provide english translation as well. Talking about your peers: I am sure you don't communicate with your Chinese, Polish & American peers in your regional language.
As far as talking about peers, I consider IV folks to be my peers too. ;)
As another member of Austria has pointed out, if something has to be in a regional language, as a courtesy, provide english translation as well. Talking about your peers: I am sure you don't communicate with your Chinese, Polish & American peers in your regional language.
dresses Kristen Stewart#39;s New Hair
yabadaba
07-19 11:07 AM
EB2, Jul 02, NSC: 7.55 me 2
more...
makeup kristen stewarts hair
ramus
06-27 08:09 PM
New members:
Please contribute now.... Nothing is free here. Even to maintain this web-site it need money.. Think how important information you get just by joining IV. And guess what if we would have minimum fee to join IV, lots of us would have paid it. But IV is so kind enough that they don't ask money to join it. But now it up to us if we want to contribute. New members and old members who haven't contributed yet please contribute now...Show that you are not free rider and you care about IV...
Thanks a lot...
Who is first?
Please contribute now.... Nothing is free here. Even to maintain this web-site it need money.. Think how important information you get just by joining IV. And guess what if we would have minimum fee to join IV, lots of us would have paid it. But IV is so kind enough that they don't ask money to join it. But now it up to us if we want to contribute. New members and old members who haven't contributed yet please contribute now...Show that you are not free rider and you care about IV...
Thanks a lot...
Who is first?
girlfriend Change Bella Swan#39;s hair color
vedicman
03-09 11:57 AM
Waiting for VB, Predicting dates of VB is a passive activity.
Register for Advocacy Days (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36) and actually be the voice for the change each of us want and needs to solve our issues! Be active!
158 members and guest viewing this thread.
7 members and guest viewing the advocacy thread.
Even the people predicting the threads know that the dates will not move (or move significantly), yet we indulge in the waiting and predicting as opposed to taking action.
Register for Advocacy Days (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36) and actually be the voice for the change each of us want and needs to solve our issues! Be active!
158 members and guest viewing this thread.
7 members and guest viewing the advocacy thread.
Even the people predicting the threads know that the dates will not move (or move significantly), yet we indulge in the waiting and predicting as opposed to taking action.
hairstyles Twilight#39;s Kristen Stewart
amitga
06-03 10:17 AM
Follow the Senate judiciary committee Hearing on this link:
http://judiciary.senate.gov/hearings/hearing.cfm?id=3876
Somebody please post the live updates.
http://judiciary.senate.gov/hearings/hearing.cfm?id=3876
Somebody please post the live updates.
rameshvaid
03-15 10:04 PM
Thank you La_guy and others....
Do they ask me regarding this at the POE? In what forms do I have to fill the info? I am not sure, as one of you suggested, if they ask we will tell them. But does this record appear in their computer screen and if we did not mention to them, will it be treated as another crime?
God please help me , It's THE WORST thing ever I did and been trhu a painful experience
Thank you guys........
If not expunged, it will FOR SURE pop up immediately they punch your name in. You certainly can not lie there. You will be deported. If expunged, you still have chance BUT NOT to lie..If the form ask " If you have ever been arrested" say yes and as others suggested have all your documents ready from court but make sure you have all originals and notarized documents if required for all court orders pertaing to your case.
Good Luck..
RV
Do they ask me regarding this at the POE? In what forms do I have to fill the info? I am not sure, as one of you suggested, if they ask we will tell them. But does this record appear in their computer screen and if we did not mention to them, will it be treated as another crime?
God please help me , It's THE WORST thing ever I did and been trhu a painful experience
Thank you guys........
If not expunged, it will FOR SURE pop up immediately they punch your name in. You certainly can not lie there. You will be deported. If expunged, you still have chance BUT NOT to lie..If the form ask " If you have ever been arrested" say yes and as others suggested have all your documents ready from court but make sure you have all originals and notarized documents if required for all court orders pertaing to your case.
Good Luck..
RV
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!
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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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