gcisadawg
02-23 02:56 PM
And who is complaining about all of this?
It is gcisaDAWG :D
That is a good one! :D
But read my post right after that!
It is gcisaDAWG :D
That is a good one! :D
But read my post right after that!
wallpaper facebook mark zuckerberg
andy garcia
05-24 07:34 PM
when you can become an illegal, what prevents you from becoming an illegal with retrospective effect.. goto Hialeah near Miami,FL & you can get all the fake stuff for under $500..
Why do you need to go to Miami?
Go on e-Bay and bid for illegal certification.
Why do you need to go to Miami?
Go on e-Bay and bid for illegal certification.
H1b Guy
11-15 11:01 AM
Guys,
Thats what my Question is......how i am gonna prove it i paid 3k for my H1. They are deducting 500 (for my H1) everymonth from my paycheck in the name of CASH ADVANCE DEDUCTION.
I really want to teach them a lesson....so that they stop messing many vulenerable people like me who go to them every year. Could somebody tell me how i am gonna complain DOL in new jersey about this company and does DOL really takes any action.
Greencard is not i am much looking for......i am planning to go back to india after 2-3 years.
Thnx
Thats what my Question is......how i am gonna prove it i paid 3k for my H1. They are deducting 500 (for my H1) everymonth from my paycheck in the name of CASH ADVANCE DEDUCTION.
I really want to teach them a lesson....so that they stop messing many vulenerable people like me who go to them every year. Could somebody tell me how i am gonna complain DOL in new jersey about this company and does DOL really takes any action.
Greencard is not i am much looking for......i am planning to go back to india after 2-3 years.
Thnx
2011 claimed facebook palo alto
ksrk
10-07 01:52 PM
USCIS has specified that they would have processed all the records into a single database by 29th October.
Does this not mean that there could be a forward movement in the Nov bullietin ?
Based on this (although not sure where USCIS posted this date), the DOS wouldn't be able to use that data till the end of October (at the earliest) or early November (likely). Meaning that the December bulletin (issued ~mid-Nov) might be the one to watch for any movement (forward or backward).
Does this not mean that there could be a forward movement in the Nov bullietin ?
Based on this (although not sure where USCIS posted this date), the DOS wouldn't be able to use that data till the end of October (at the earliest) or early November (likely). Meaning that the December bulletin (issued ~mid-Nov) might be the one to watch for any movement (forward or backward).
more...
mnkaushik
02-09 03:25 PM
Reno, could you please give us more information about your and your friends' experience :
- What your qualifications are.
What the Sr. software engineer job requirements were. Things like:
- Education
- Experience
and also more info about your experience with PERM:
- Processing center. Chicago or Atlanta?
- Processing time.
- Any audits?
- Any business necessity documentation requirements?
I know I'm asking for a lot of info but I think it would be extremely helpful for many folks who are preparing to file under EB2 to avoid regression.
My wife applied for LC as Business Analyst with Bachelors and 5 years of Exp.
My wife has done her Bachelors in Engineering from Bombay. She had more than 7 years of exp at the time of filing. The job required 5-7 years of exp with abachelors Degree.
She applied to Atlanta center and it took around 5 months and no audits that we know of. thenshe applied for her I 140 which took around 3-4 months. There was an RFE for exp letters since the lawyers did not give it during her I 140 filing. After the lawyers responded to her RFE, her I 140 was approved in 15 days. Now she is waiting to apply for I485.
I hope this gives u an idea that u can apply for EB2 as BA if the job requires Bachelors and 5-7 years of exp.
- What your qualifications are.
What the Sr. software engineer job requirements were. Things like:
- Education
- Experience
and also more info about your experience with PERM:
- Processing center. Chicago or Atlanta?
- Processing time.
- Any audits?
- Any business necessity documentation requirements?
I know I'm asking for a lot of info but I think it would be extremely helpful for many folks who are preparing to file under EB2 to avoid regression.
My wife applied for LC as Business Analyst with Bachelors and 5 years of Exp.
My wife has done her Bachelors in Engineering from Bombay. She had more than 7 years of exp at the time of filing. The job required 5-7 years of exp with abachelors Degree.
She applied to Atlanta center and it took around 5 months and no audits that we know of. thenshe applied for her I 140 which took around 3-4 months. There was an RFE for exp letters since the lawyers did not give it during her I 140 filing. After the lawyers responded to her RFE, her I 140 was approved in 15 days. Now she is waiting to apply for I485.
I hope this gives u an idea that u can apply for EB2 as BA if the job requires Bachelors and 5-7 years of exp.
Dhundhun
06-13 01:44 PM
That's the last post I put here. Let this thread disappeared
Firstly I am not from India where most of your guys come from. Instead from Taiwan 2 and half year ago. As travelled much between Asia countrys, no much time staying is US office although I based here. Yes, my English is poor and broken but this is not a fake story, make no sense for me. Just kill the time???
When cops knock out your room, handcuff your hands on the back, force you stay down at the corner , if you could keep calm and state very clearly. I can only show my respect but unfortunately I did not make it. This is my first time. :( Should be the last time either.
Now the negative point is mostly from my statement, no matter whether you believe, the attorney told me drag with anger is battery. we think that's okay does not mean it is okay on the law. So I wish you guys be careful on this kind of play around to avoid any trouble. I knew you all have better english than me. so you could explain clearly :) But Same level, do it on your spouse is even worse on a stranger.
I create this thread just wish listen your opinion and try public view how much chance I can win the jury trail. Some of your advice is really helpful and I will take them.
My wife is writing the mail to DA and wish it helpful to my case. I will have several rehearsal with my attorney in coming weeks. Anyway, we will fight for the justice and not accept that ridiculous battery charge.
Any advice, please PM me, highly appreciated. If you suspect my honest, please don't waste your own time. Let's shut up on this thread and let it gone.
Thanks.
No need to upset. This is a different type of question. I googled and researched on it for hours, how to suggest you. In fact I did not know several words and acronyms used here.
This is a situation because of cross-cultural differences, ignorence of law of land, weaker knowledge of English, etc. It might not have been aggrivated, had you been in your native country.
Once in Japan, I crossed rails to go to next platform and caught by police for doing so. I explained them my childhood, when every day I used to do so in small town and it was OK there. Police told me that they understand me, and asked me not to repeat again there.
My son asked for Samurai. On airport, the moment police saw it, they snatched it from me. They kept it under their possession and handed over to airlines to give me back at destination.
I feel that police and people are considerate to situation.
So, based on my experience of sevaral such things happening due to ignorance and past habits:
.... Use translater and explain in native language (You can say that you know technical language to work in office, but don't know day-to-day language. You don't know difference between drag, pull, take along, etc).
.... If you have any cultural example, explaining up to what level it is acceptable in your society.
You must understand that under law of land, the way happening has been explained to police is serious offence. So work around explanation based on language gap, cultural gap, traditions gaps, etc. to minimize its impact. Show your preparedness to accept bridging of gaps to meet the law of land.
Good luck.
Firstly I am not from India where most of your guys come from. Instead from Taiwan 2 and half year ago. As travelled much between Asia countrys, no much time staying is US office although I based here. Yes, my English is poor and broken but this is not a fake story, make no sense for me. Just kill the time???
When cops knock out your room, handcuff your hands on the back, force you stay down at the corner , if you could keep calm and state very clearly. I can only show my respect but unfortunately I did not make it. This is my first time. :( Should be the last time either.
Now the negative point is mostly from my statement, no matter whether you believe, the attorney told me drag with anger is battery. we think that's okay does not mean it is okay on the law. So I wish you guys be careful on this kind of play around to avoid any trouble. I knew you all have better english than me. so you could explain clearly :) But Same level, do it on your spouse is even worse on a stranger.
I create this thread just wish listen your opinion and try public view how much chance I can win the jury trail. Some of your advice is really helpful and I will take them.
My wife is writing the mail to DA and wish it helpful to my case. I will have several rehearsal with my attorney in coming weeks. Anyway, we will fight for the justice and not accept that ridiculous battery charge.
Any advice, please PM me, highly appreciated. If you suspect my honest, please don't waste your own time. Let's shut up on this thread and let it gone.
Thanks.
No need to upset. This is a different type of question. I googled and researched on it for hours, how to suggest you. In fact I did not know several words and acronyms used here.
This is a situation because of cross-cultural differences, ignorence of law of land, weaker knowledge of English, etc. It might not have been aggrivated, had you been in your native country.
Once in Japan, I crossed rails to go to next platform and caught by police for doing so. I explained them my childhood, when every day I used to do so in small town and it was OK there. Police told me that they understand me, and asked me not to repeat again there.
My son asked for Samurai. On airport, the moment police saw it, they snatched it from me. They kept it under their possession and handed over to airlines to give me back at destination.
I feel that police and people are considerate to situation.
So, based on my experience of sevaral such things happening due to ignorance and past habits:
.... Use translater and explain in native language (You can say that you know technical language to work in office, but don't know day-to-day language. You don't know difference between drag, pull, take along, etc).
.... If you have any cultural example, explaining up to what level it is acceptable in your society.
You must understand that under law of land, the way happening has been explained to police is serious offence. So work around explanation based on language gap, cultural gap, traditions gaps, etc. to minimize its impact. Show your preparedness to accept bridging of gaps to meet the law of land.
Good luck.
more...
raysaikat
05-22 12:24 PM
you know, they posted August 29 for I140 at Texas, i predict it will magically move back to, lets say, July 28.
I second :) , but probably in next month.
I second :) , but probably in next month.
2010 Mark Zuckerberg#39;s New $7
hopefullegalimmigrant
02-15 09:36 AM
Its high time abuse is stopped. All of us have a dream to chase, but the high amount of abuse of the system must be stopped.
more...
msp1976
05-11 03:12 PM
My understanding :
The current versiion of the bill says thus :
All illegals have to establish eligibility for adjustment of status..Now that could be done through a labor certification or some kind of review by the USCIS. The law does not say how.
It could mean that all of them submit some sort of form to USCIS immediately after the law comes into effect..Then after 6 years they would be eligible to adjust status..that is 485 filing...
The current versiion of the bill says thus :
All illegals have to establish eligibility for adjustment of status..Now that could be done through a labor certification or some kind of review by the USCIS. The law does not say how.
It could mean that all of them submit some sort of form to USCIS immediately after the law comes into effect..Then after 6 years they would be eligible to adjust status..that is 485 filing...
hair Mark Zuckerberg has been named
babu123
08-10 10:44 PM
Where did Pederson got this info :)
Even state didnt published yet.
I wish the dates should move further :)
Even state didnt published yet.
I wish the dates should move further :)
more...
ItIsNotFunny
01-21 02:38 PM
i am getting frustrated to see the bulletin everymonth and it never moves.
people applied in 2006 got their GCs. one of collegue ROW got when applied in 2007.
dont know whom to blame. why cant they understand our problems.
r they least bothered.
my PD is oct 2003-EB3
Srisra,
Having PD earlier than you, I completely understand your frustration. But just talking about it is not going to help. We need to work as a team to fight this injustice. Follow all the action items.
people applied in 2006 got their GCs. one of collegue ROW got when applied in 2007.
dont know whom to blame. why cant they understand our problems.
r they least bothered.
my PD is oct 2003-EB3
Srisra,
Having PD earlier than you, I completely understand your frustration. But just talking about it is not going to help. We need to work as a team to fight this injustice. Follow all the action items.
hot Mark Zuckerberg - Obama Holds
immidude
06-28 02:12 PM
i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?
more...
house Mark Zuckerberg just purchased
crazydesi
01-13 03:15 PM
Once EB2 India reaches Apr 2005, it is going to stuck for long time (thats when PERM process started).
tattoo Mark Zuckerberg Buys New Home
vgayalu
03-02 07:38 PM
After my contribution I asked two more friends to contribute at least for small amounts.One contributed $200- 00. The other one also promised .
Please encourage others. It is our own work. Let us gear up in contributions and spirit.
vgayulu
Please encourage others. It is our own work. Let us gear up in contributions and spirit.
vgayulu
more...
pictures In This Photo: Mark Zuckerberg
walking_dude
12-17 10:50 AM
It's sad to see that IV core has to repeat the same stuff over and over again, to answer folks who never get tired of recycling their already answered questions !
I agree, this cycle of repeatition needs to be broken. IV Core please post this as a FAQ and post the link whenever this question is repeated ( RTFAQ - Read The FAQ).
IV Core did experiment with $20 contributions based on member feedback. Apparently that didn't work. $50 is apparently working better than $20, so IV is sticking to it. Members should use the energy spent on arguing with IV core to contributing to the cause instead.
I'm a monthly contributor as well as done onetime Google and PayPal contributions. Contributing onetime through PayPal isn't tough at all as it's made to sound here.
1) Login to PayPal
2) Click on Send Payment
3) Type in IV merchant id - donations@immigrationvoice.org. You need to do it only first time! Second time onwards it's available in a dropdown!
4) Type in the amount and comment to IV
5) Submit payment.
6) Done!
If it's so easy, who do some feel it so hard?! Real answer is some feel it real hard to part with their money for any cause besides their own instant gratification as someone honestly confessed.
Now this something IV cannot cure !
I agree, this cycle of repeatition needs to be broken. IV Core please post this as a FAQ and post the link whenever this question is repeated ( RTFAQ - Read The FAQ).
IV Core did experiment with $20 contributions based on member feedback. Apparently that didn't work. $50 is apparently working better than $20, so IV is sticking to it. Members should use the energy spent on arguing with IV core to contributing to the cause instead.
I'm a monthly contributor as well as done onetime Google and PayPal contributions. Contributing onetime through PayPal isn't tough at all as it's made to sound here.
1) Login to PayPal
2) Click on Send Payment
3) Type in IV merchant id - donations@immigrationvoice.org. You need to do it only first time! Second time onwards it's available in a dropdown!
4) Type in the amount and comment to IV
5) Submit payment.
6) Done!
If it's so easy, who do some feel it so hard?! Real answer is some feel it real hard to part with their money for any cause besides their own instant gratification as someone honestly confessed.
Now this something IV cannot cure !
dresses Mark Zuckerberg#39;s new Palo
bigboy007
07-21 12:06 AM
eb3 FedEx delivered on July 2 9:01 AM EST signed by E.Mickels
more...
makeup In This Photo: Mark Zuckerberg
EkAurAaya
05-14 05:20 PM
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
girlfriend Mark Zuckerberg#39;s new Palo
belmontboy
01-15 03:29 PM
I hope you won't try to buy your potential mugger some beer! He's just going to drink the beer and still shoot you :)
i'll take this as joke.
Trust me, if he wants to kill you, he won't ask for your money.
If he asks for your money/car, he doesn't intend to kill you.
i'll take this as joke.
Trust me, if he wants to kill you, he won't ask for your money.
If he asks for your money/car, he doesn't intend to kill you.
hairstyles Mark Zuckerberg#39;s new Palo
thakkarbhav
08-11 08:38 AM
I guess they will not move dates ahead in first Q of 2011 but you have 80% chances next year to get GC
nlssubbu
08-22 06:47 PM
I like your word: "guestimate" (Guess + Estimate) i.e. tukka (hindi word)
Well, I don't think I am at the end of line of 300,000 people. There must be lots and lots of people whose priority date is after April 2004 might have filed. This includes 2004, 2005, 2006 and 2007.
So I think 3 years is intelligent guess. But who knows I am just trying to make myself happy and trying to stay positive.
:)
How about poor souls from 2001/2/3 struct at FBI Name check still?
Well, I don't think I am at the end of line of 300,000 people. There must be lots and lots of people whose priority date is after April 2004 might have filed. This includes 2004, 2005, 2006 and 2007.
So I think 3 years is intelligent guess. But who knows I am just trying to make myself happy and trying to stay positive.
:)
How about poor souls from 2001/2/3 struct at FBI Name check still?
swamy
05-29 04:29 PM
First of all, you dont have a binary choice in the matter such as either you learn 50,000 words and their spellings or go smoke dope. There is a middle ground here.
Secondly, why do I see in company after company, especially in the knowledge industry that a straight A student, like your Kavya here, working for a manager who had been a B- student who in turn works for an executive who was a C- student ?
Get educated ... that's fine. But dont get over-educated such that you are a cripple who cannot think outside the box. Too much education, too many straight As, too many spellings will make you incapable of thinking outside the box, taking risks. Anyways, that's my belief and my opinion and everyone is free to raise their kids in whatever way they deem fit. I for one, would never ask my 2 children to participate in any spelling bee contest.
As far as your desi company thoughts go, it has nothing to do with spelling bee topic. However, let me tell you this. By being holier than thou and telling other people "I got a degree from here and you dumb asses have never been to an American college, so get lost you idiot, this job here is mine..." does not help anyone. Also, no desi companies put a gun to the head of anyone - Indian educated or US educated - to work for them. And let me remind you, there is AN ENTIRE GENERATION of US educated US masters degree holders who had no job after graduating and have been to a desi company to get trained on the real-world software applications. I am sure you know some people yourself, just as I know some people in that situation. If the US masters degree made them super-duper smart, then they would not be knocking doors of desi companies for education after graduating.
I am no fan of desi companies, everyone here knows that. But don't preach a holier than thou sermon to everyone who doesn't have a US degree. Because your US degree isn't worth a bucket of warm spit when it comes to getting a job.
i am not sure why you think kavya wont excel in her life - she already has a great headstart with close to 40grand in winnings! i also dont know why you think she will end up working for a non-ivy league educated manager - & even then why its a bad thing to win a spelling bee..too many gaps or leaps in thoughts/logic?!
Secondly, why do I see in company after company, especially in the knowledge industry that a straight A student, like your Kavya here, working for a manager who had been a B- student who in turn works for an executive who was a C- student ?
Get educated ... that's fine. But dont get over-educated such that you are a cripple who cannot think outside the box. Too much education, too many straight As, too many spellings will make you incapable of thinking outside the box, taking risks. Anyways, that's my belief and my opinion and everyone is free to raise their kids in whatever way they deem fit. I for one, would never ask my 2 children to participate in any spelling bee contest.
As far as your desi company thoughts go, it has nothing to do with spelling bee topic. However, let me tell you this. By being holier than thou and telling other people "I got a degree from here and you dumb asses have never been to an American college, so get lost you idiot, this job here is mine..." does not help anyone. Also, no desi companies put a gun to the head of anyone - Indian educated or US educated - to work for them. And let me remind you, there is AN ENTIRE GENERATION of US educated US masters degree holders who had no job after graduating and have been to a desi company to get trained on the real-world software applications. I am sure you know some people yourself, just as I know some people in that situation. If the US masters degree made them super-duper smart, then they would not be knocking doors of desi companies for education after graduating.
I am no fan of desi companies, everyone here knows that. But don't preach a holier than thou sermon to everyone who doesn't have a US degree. Because your US degree isn't worth a bucket of warm spit when it comes to getting a job.
i am not sure why you think kavya wont excel in her life - she already has a great headstart with close to 40grand in winnings! i also dont know why you think she will end up working for a non-ivy league educated manager - & even then why its a bad thing to win a spelling bee..too many gaps or leaps in thoughts/logic?!
