insbaby
02-04 07:44 AM
I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped “Certified True Copy” with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped “Certified True Copy” with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
Don't worry too much. H1Bs are not required to show proof to return to home country or at least the consulates won't worry too much about it. The care about your education, skills and their validity.
The visa is for work purpose and you will be out of status once it expires, and that will cause too much trouble if you overstatyed.
There is no "Certified True Copy", all of them have numbers taged and they can verify things internally.
Just take what you have been given by your employer/lawyer to the consulate, and you will get it without much headace.
Good Luck.
Don't worry too much. H1Bs are not required to show proof to return to home country or at least the consulates won't worry too much about it. The care about your education, skills and their validity.
The visa is for work purpose and you will be out of status once it expires, and that will cause too much trouble if you overstatyed.
There is no "Certified True Copy", all of them have numbers taged and they can verify things internally.
Just take what you have been given by your employer/lawyer to the consulate, and you will get it without much headace.
Good Luck.
wallpaper Dissection du Rat, en Anatomie
raysaikat
07-13 01:34 AM
Hi Folks, I have a question about traveling to India...
Want to travel from US to Indore, India. As I need to change planes either Mumbai or Delhi, how does it work?
1. I came to know that in Mumbai, it is just change of terminals, not airports. Am I right?
In Mumbai, you need to go from the international part to the domestic part. They are pretty close. Usually the airline will arrange buses to take all the passengers to the domestic part. However, you need to collect your luggage and clear customs and immigration before that.
2. How about Delhi? Once I arrive at International airport in Delhi, to catch a domestic flight to Indore, is it change of airports or just change of terminals? Is there a shuttle provided?
Thank you very much and I appreciate an accurate response...
Want to travel from US to Indore, India. As I need to change planes either Mumbai or Delhi, how does it work?
1. I came to know that in Mumbai, it is just change of terminals, not airports. Am I right?
In Mumbai, you need to go from the international part to the domestic part. They are pretty close. Usually the airline will arrange buses to take all the passengers to the domestic part. However, you need to collect your luggage and clear customs and immigration before that.
2. How about Delhi? Once I arrive at International airport in Delhi, to catch a domestic flight to Indore, is it change of airports or just change of terminals? Is there a shuttle provided?
Thank you very much and I appreciate an accurate response...
iyer
11-30 07:28 PM
1) You can stay home even without any job, when you have EAD.
2) Alternatively, work for this SAP if they could provide a job description similar to your past when an RFE comes your way.
Chill out, you are good.
Hello Guru's
Please help on this. Need your suggestions/ thoughts.
Thanks
2) Alternatively, work for this SAP if they could provide a job description similar to your past when an RFE comes your way.
Chill out, you are good.
Hello Guru's
Please help on this. Need your suggestions/ thoughts.
Thanks
2011 Rat Dissection - contains guts
vaishnavilakshmi
07-10 02:54 AM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
Hi Krupa,
Dont just post something for fun here.And don't play with viewers in this forum who participate to seek some suggestions,information etc .Please don't mislead us anymore.
"Either try to help or just control urselves".
Vaishu
Hi Krupa,
Dont just post something for fun here.And don't play with viewers in this forum who participate to seek some suggestions,information etc .Please don't mislead us anymore.
"Either try to help or just control urselves".
Vaishu
more...
DSLStart
03-10 09:20 AM
Friends,
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
chanduv23
08-04 09:38 AM
I came to know of a case where this gentelman who has PD of Nov 2002 EB2 has his case pending at Nebraska for a really long time. His Name check and other formalities were cleared and no body was sure the reason for the hold up. He had numerous infopass appointments as well as written to various lawmakers etc... After getting tired of doing all that he decided to take 15 days off from work. And do you know where did he go:
He went to Lincoln, Nebraska.
The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.
So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.
Thats is called 'Gandhigiri' my friend
He went to Lincoln, Nebraska.
The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.
So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.
Thats is called 'Gandhigiri' my friend
more...
india_is_the_best
05-14 09:38 AM
I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.
1> Very good school district
2> Low property tax
3> Very low crime rate
4> Rental value should be same as mortgage amount+insurance+PMI+property tax
5> Property values should be in 300K range max
6> Lot of Indians
9> Maximum distance to DC should not exceed 30 miles
10> Close to shopping places
1> Very good school district
2> Low property tax
3> Very low crime rate
4> Rental value should be same as mortgage amount+insurance+PMI+property tax
5> Property values should be in 300K range max
6> Lot of Indians
9> Maximum distance to DC should not exceed 30 miles
10> Close to shopping places
2010 Male Rat plain
sanjeev_2004
07-20 10:54 PM
Today my attorney filed my 485 with e-reciept of 140. My employer told that they didnt recieved reciept notice by mail so My attorney used 140 e-reciept for 485 filing.
more...
chintapalli
10-16 01:28 PM
One of my friends got B1 Visa(business visa, it�s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.
He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.
My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
He is planning to come to U.S in February 2009 on B1.
Could any one please help us with your valuable suggestions for the following questions?
Is it possible to come to U.S on B1 even after resigning the job?
Is there any possibility that the company revoke his B1?
What are the documents required to come to U.S on B1?
Thanks in Advance
He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.
My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
He is planning to come to U.S in February 2009 on B1.
Could any one please help us with your valuable suggestions for the following questions?
Is it possible to come to U.S on B1 even after resigning the job?
Is there any possibility that the company revoke his B1?
What are the documents required to come to U.S on B1?
Thanks in Advance
hair Rat Dissection, Rat Dissection
saratswain
09-15 03:53 AM
My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
more...
rajeshalex
10-17 06:05 AM
Dont do that. Get H1 stamped in india and then come to USA.
If it is by a desi company, it is not good to come right now. Let him continue in the current job and when the economy/market is good he can come.
Rajesh
If it is by a desi company, it is not good to come right now. Let him continue in the current job and when the economy/market is good he can come.
Rajesh
hot Rat Dissection: a complete,
gimme_gc_asap
06-19 10:55 PM
Be cool my babies....
Be nice to the guy
It may or may not. No one knows. Dont act like you know it all!!
Be nice to the guy
It may or may not. No one knows. Dont act like you know it all!!
more...
house Dissected, preserved rat#39;s
lord_labaku
09-10 10:00 PM
Fantastic campaign
tattoo Related topics: lab rat,
kosars
08-27 03:48 PM
cannot come, working
will contribute some money
will contribute some money
more...
pictures female rat, dissected and
ASR
07-08 03:25 PM
Get your wife to use EAD (and hold off on H1 transfer) and wait for your GC card. Many congratulations to you and have a great future ahead..
New company lawer is not accepting EAD, even though we don't have written approval confiramtion
How to conivince him to use EAD unti we got the phisical card?
New company lawer is not accepting EAD, even though we don't have written approval confiramtion
How to conivince him to use EAD unti we got the phisical card?
dresses Bird Dissection-PIGEON
hdos
06-11 09:31 PM
Hi,
I found from lawyer that there is no such thing called 10 days grace period after your last date of your H1. That is a big misconception. You can stay only in this country if you travel outside US and stayed more than 60 days. and that is also that rule applys to for first 6 years only.
for example, if somebody travels to outside country for 3 months within the first 6 years of their h1. and if his/her h1 is completing today than thay can use their 3 monthns period after 3 months form today. and they can only this at end of their first 6 years expiration of their h1. thay cannot use this period if they are on 7th or more years on extension.
after end of your h1 (does not matter after 6 years or 10 years), if you stay in US for 179 days than, your overstay is considered as illigal stay but there do not consider as violation and that does not count if you try to come back in US again. if your overstay is more than equals to 180 but less than a year than you are baan form entering US for 3 years. and if overstay is more thatn 1 year than you are baan from enterting US for 10 years.
I found from lawyer that there is no such thing called 10 days grace period after your last date of your H1. That is a big misconception. You can stay only in this country if you travel outside US and stayed more than 60 days. and that is also that rule applys to for first 6 years only.
for example, if somebody travels to outside country for 3 months within the first 6 years of their h1. and if his/her h1 is completing today than thay can use their 3 monthns period after 3 months form today. and they can only this at end of their first 6 years expiration of their h1. thay cannot use this period if they are on 7th or more years on extension.
after end of your h1 (does not matter after 6 years or 10 years), if you stay in US for 179 days than, your overstay is considered as illigal stay but there do not consider as violation and that does not count if you try to come back in US again. if your overstay is more than equals to 180 but less than a year than you are baan form entering US for 3 years. and if overstay is more thatn 1 year than you are baan from enterting US for 10 years.
more...
makeup Back to rat dissection menu.
natrajs
05-12 10:09 AM
Congratulation �KOSU
I got mine yesterday evening.
Thanks IV for their support during Green card painful journey.
Priority date:- June 2002
EB Category:- EB3
Approved 140: September 2007
Change the Job September 2007
Change EB3 to EB2, Recapture old priority date June 2002
New I140 approve FEB 2007 Premium processing.
New Category EB2
RD I485- May 2007
FP July 2007
NC: Not sure
I 485 approved:- 05/09/2008
Congrats and Best Wishes
I got mine yesterday evening.
Thanks IV for their support during Green card painful journey.
Priority date:- June 2002
EB Category:- EB3
Approved 140: September 2007
Change the Job September 2007
Change EB3 to EB2, Recapture old priority date June 2002
New I140 approve FEB 2007 Premium processing.
New Category EB2
RD I485- May 2007
FP July 2007
NC: Not sure
I 485 approved:- 05/09/2008
Congrats and Best Wishes
girlfriend Rat Dissection for iPad
sgupta33
09-20 09:21 AM
The rally and some of IV's requests was mentioned on NPR this morning by their econmic correspondent. The piece did a good job of differentiating between legal high skilled and illegal immigrants and also in highlighting some of our concerns and requests for legal remedy.
hairstyles Dissection kit, Surgical
pappu
06-16 09:22 PM
Good comparison. if you have more informatiion, do add to this thread.
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
veni001
01-18 05:49 PM
Thanks for the reply
I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
if i get an I40 with EB3 and move to another EB2 employer
It will result in me losing everything except my priority date
but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
in that case I lose everything and need to start from scratch
Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?
-chehuan
Copy of I140 approval notice. You can request this from USCIS using FOIA:)
I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
if i get an I40 with EB3 and move to another EB2 employer
It will result in me losing everything except my priority date
but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
in that case I lose everything and need to start from scratch
Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?
-chehuan
Copy of I140 approval notice. You can request this from USCIS using FOIA:)
obviously
12-08 10:57 AM
- make sure that you identify yourself and your LEGAL status
- consider using following 'talking points' to reframe the dialog
- focus on these underlying interests to make it clear that the dialog has many facets and there is common ground with larger interests
- be personable, nice and kind
- good luck and all the best!!
In support of SKIL and other relief measures for High Skilled Immigrants:
NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!
CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
HARD TO BELIEVE? Just look at H1B's stuck in companies and jobs for years with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available.
HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
HARD TO BELIEVE? Just look at women of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.
It is EASY to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!
Respected elected official, I urge you, beg you, beseech of you to consider the net-economic value and social value that we, the highly skilled immigrant workforce continue to bring to the USA.
We seek neither entitlement nor social promotion
We seek no social service
We seek no special treatments
We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!
History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?
- consider using following 'talking points' to reframe the dialog
- focus on these underlying interests to make it clear that the dialog has many facets and there is common ground with larger interests
- be personable, nice and kind
- good luck and all the best!!
In support of SKIL and other relief measures for High Skilled Immigrants:
NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!
CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
HARD TO BELIEVE? Just look at H1B's stuck in companies and jobs for years with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available.
HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
HARD TO BELIEVE? Just look at women of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.
It is EASY to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!
Respected elected official, I urge you, beg you, beseech of you to consider the net-economic value and social value that we, the highly skilled immigrant workforce continue to bring to the USA.
We seek neither entitlement nor social promotion
We seek no social service
We seek no special treatments
We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!
History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?
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