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  • karthkc
    09-05 05:13 PM
    The hard part about a consulting position in your scenario is the ability to keep your project pipeline flowing.

    If you are in a field like say SAP where the demand is always there, its easier to market yourself without too much effort.

    My personal opinion, note your skillsets, see if they are hot in the market and if so, keep your options flexible and try to market directly. If you are not comfortable networking or being in constant touch with resources that can help you with an opportunity, then consult under a firm...

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  • apnair2002
    11-10 01:46 PM

    Report indicates that the Lame Duck may pass through the Thanksgiving. However, Senate Minority Leader Harry Reid reported spoke with Majority Leader Bill First, Majority Whip Mitch McConnell, and President Bursh on Wednesday addressing Democrats desire to accomplish 5 (five) legislative items during the lame duck as follows:
    Continuing Resolution
    Bioterror Legislation
    Off-Shore Drill Legislation
    Agreement on Nuclear Weapons Proliferation
    Popular Tax Cuts Package
    Should the Democrats stick to these agenda, the immigration legislation will have to be pushed over to next yeer. For the report, please click here.

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  • mpadapa
    10-09 01:57 PM
    count me in.. I might be slightly late..
    I'll try to sneak out of office early:D

    So mpdapa can we expect you on Friday ?

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  • saileshdude
    07-09 11:18 AM
    I am trying to understand something here..... I had consultation with murthy lawyers and they told me that there is no law written anywhere that states that the employer must revoke I-140 if the employees is laid-off or is not working with them anymore. I was laid off and my company is determined to revoke I-140 because thats what Fragomen lawyers suggest. I am having a hard time understanding why would they want to cause problems for me when I am not even leaving on my own and got affected because of layoff.

    Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion


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  • Smarty
    05-24 11:32 PM
    Ya know what? I am so SICK AND TIRED of our lawmakers bowing down to those illegals, who don't contribute anything to our society. That's right, NOTHING. They steal the jobs that Americans WANT to do, and our lawmakers just bend over and lick their boots!

    I married an Indian here on H1-B and it's been two years since we've filed for his greencard. Do you think we've heard anything yet? Only thing we know for sure is that we are getting shafted for following the letter of the law while Elvira (vampire) arellano is sitting up in that pile of crap called a church, with politicians like Barack Obama slobbering all over her. Where are these same politicos when we FOLLOW the law??

    Yes I am plenty angry over the whole mess, but what I really wonder is why don't we (the TRUE immigrant families) do the same as the illegals and go out and PROTEST this new amnesty?? Could it be we are too busy working and contributing to society?

    Either way, I think we had better get out and do some protesting of our own. After all, illegals are ALIENS, NOT IMMIGRANTS. How dare they steal our Immigrant moniker from us!

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  • svgupta
    05-22 05:58 PM
    Guys, this is the time ....
    ..I give all of the ones that have not set up a monthly recurring contribution benefit of doubt. May be you were not aware that this organisation and the lobby money has come out of pockets of ordinary hard working people like you. But this is our last chance. WHAT ARE YOU WAITING FOR?.

    Comeon! why are folks waiting to contribute? Go ahead... make a contribution to your better being (and have a signature as well to show others your spirit for IV)!:cool:


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  • villamonte6100
    11-02 12:22 PM
    Thank you very much for all the response. I waited for responses from different places so I could determnine if it is a Nationwide policy as what the Colorado was saying.

    I am from Colorado and I think Colorado is one of the strickest states in the US whatever.

    It looks like from responses that only Colorado has so far adhered to this new policy.

    I have 4 friends who currently cannot drive because their licenses have expired and they are waiting for MVI's (Motor Vehicle Investigative Unit) letter. Until such letter is issued, you cannot renew your license (in Colorado). According to MVI Here, it will take to 5-7 days, but if there is a problem, it will take up to 9 weeks.

    Really rediculous procedure and I agree with everyone.

    Just in case anyone there is in the same predicament, please share your story and the resolution.

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  • EkAurAaya
    05-14 05:20 PM
    Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!

    My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?

    Also what are the wait times for CP in Mumbai India?


    May we all get outa this mess :cool: and move on with life!

    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.

    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.

    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.

    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.

    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.

    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.

    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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  • cpolisetti
    04-26 05:24 PM
    I did notice several blogs on net, but my intentions were more about if any journalist can write article similar to WP on the main page it does get bigger coverage. We could request them to include the IV web addy which will help more people to sign and possibly contribute.

    but saw 10 postings about IV in Indian (desi) sites., like www.kcdesi.com, one from Detroit, one on Sulekha and a few other Chinese sites. I guess these are blog posts. If it is useful, I will post each or all of these. Even, some Canadian sites have picked up issues listed in IV home page ( and probalbly spinning them to their advantage)

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  • sunny1000
    02-02 09:37 AM
    Is it not possible to make the copy of the application when you have to sign it? Will the alien # not be there on the application?

    Forgive me for my ignorance..

    I-140 is signed by the employer, not the beneficiary (employee/applicant).


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  • Marphad
    01-14 12:05 PM
    Shubh Shubh bol :)

    Someone gave me red with note: "English Please". Thanks to whoever did this. Sorry!

    Translation: "Please speak positive".

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  • EndlessWait
    04-08 01:46 PM
    I'd say, we've waited enough(6-12 years). I know we are all chasing the american dream (perhaps it is just a dream), we should just make peace and move back. Thank you congress, america for giving ppl (from so called 3rd world nations) like us the chance to come and serve this great nation.

    mind you.. dont forget to take back your $$$


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  • 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?

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  • apb
    07-25 01:48 PM
    Delivered on July/19th.


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  • sidchhikara
    05-14 06:18 PM
    Wow you have REALLY stretched ur freedom of speech to the MAX here havent u ;)?
    Haha!! I hope you are not offended - I apologize if you are.

    Anyway - like I was saying freedom of speech and expression is very important for people belonging to any culture / country. Some people might think business / technology alone will ensure properity for the people involved - but the important thing to remember is that - business / technology is also a by product of these freedoms. When your mind is unrestricted by limitations and regulations - you get more innovative ideas - and you can also spread them easily.
    Donot let your cultural / religious commitments hold you back - most of them are unfounded and lack evidence anyways. This is one of the reasons West is more progressive than East - because they lean more toward reason instead of tradition etc., - and they say it out loud also which we don't do. This enables them to get the bullS*it out of the way first and concentrate on constructive things - innovate, do business blah blah blah!!

    Did'nt want to preach - but this is something that I value a lot.

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  • aadimanav
    07-15 01:32 PM


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  • GCVivek
    04-20 02:33 PM
    This is not to put you down but to help you. How long have you been in the US? If more than 1 year, I would suggest taking a course to improve your written and spoken English. It is way too bad. :o and will help you in the long run in case your Eb3 gets approved and you stay as PR in the USA.

    2 year back my I-140 got rejected due to same reason 3+2 degree. I have 3 years Bsc in Computer science and 2 years Master of Computer Mgmt. They raise the question on 3 year Bachealor dagree. My lawyer send the reply along with degree evaluation and we try to say my 3+2 equal to 4+2 of USA and USCIS didn't buy this argument. after that lawyer told me that no hope in MTR or appeal. So we file again in Eb3.
    Now i see based on your reply if have taken this approach in appeal then i might have got approval in appeal.

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  • gc28262
    07-02 03:58 PM
    Letter writing will be useless. USCIS wont give without a fight. You have to see from their point of view. This open a can of worms for them. They will never yield unless forced by court.

    I think USCIS is not the one who decides not to use wasted visas. It should be Department of State. As per my understanding USCIS "returns" unused visas back to DOS.

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  • xyzgc
    01-22 12:06 AM
    Why quote some other tracker site, Lets quote figures from tracker on this site. In my opinion that site is anti-immigrants because their business thrives when people's applications are pending, so they would not want the applications to be approved. That's my fundamental difference with them.

    I don't agree. Sorry.

    Although I do not like trackers, but we can help each other to make site tracker more popular


    BTW, can you please update the data in your profile, as right now, the data is incorrect.

    My PD and category is correct. I'll correct everything else.

    08-16 05:54 PM
    Many of us will be facing this decision and it's good to know the risks and the answers. Imagine you got a GC and now you have a +20k offer from the other company. Staying with your current employer for 6 months will cost you 10k. The question is "does the risk cost 10k?".

    This is how I see it, please correct me if I'm wrong. You can be questioned about leaving the company only in two cases: 1. citizenship interview, 2 - investigation/audit. In first case I don't see much problem, as many years will pass, and if you will not keep any documents, I don't see how USCIS will be going back and chasing these 4-5-6 months of your employment.

    Investigation is a different story. You have to be ready. The law says that you/your employer had to have intent to work on that position with that job description forever at the moment of AOS. Technically you could change that intent the very next day.

    So.. I think this is how it will work. USCIS might request evidence/letters from you/your "after-GC" employer and if they will find something like your resume that you have sent them before getting GC, then you are in trouble. But if you will demonstrate, that let's say you met your "after-GC" employer only after getting GC (let's say at some exhibition) and he offered you right away +50k salary, then I don't see how USCIS is gonna build their case.

    Chris Rock
    01-23 12:33 AM
    Here is a post from Ron Gotcher's website which might be of interest to some of us trapped in EB3 I retrogression .

    He expects visa bulletin cut off for EB3 I to jump to 2004 in coming months. No reasoning behing this though..

    There are only 35000 EB3 visas available. India quota is 2450. India is now in Oct 2001 and ROW is not current yet. How come India PD will move to 2004?

    I have seen many such reports from Dec 2004. We all wait till the last quarter only to face disappointment. That happened last year. What is different in this year?

    Also there are lots of Eb3_india gyus are waiting with PD being current. PD being current is not important. Getting GC is important.

    Go figure!