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LONGGCQUE
05-12 04:22 PM
correct
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dkshitij
09-30 03:14 PM
Sorry to bust your bubble. But this is not a India only forum. Immigration voice intends to represent all immigrants.
chintu25
01-15 11:01 PM
http://thomas.loc.gov/cgi-bin/query/F?c111:1:./temp/~c111HC0fZW:e35939:
NICE
NICE
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gc_relief
04-27 03:39 PM
I have still 7 months left over on my 6 year term and they have asked for 3 year extension based on the approved I-140.I'm talking to my company right now and will talk to the lawyer once they receive the denial reason which they should get in 2 -3 days.But my company is ready to appeal.Keeping all this in view if they file for an appeal for what ever reason and based on my visa expirt date which is on 31'Mar 2009 how long will I get to stay and work legally to hear the answer for the appeal??
more...
REQUIRE_GC
02-15 12:04 PM
My I140 is pending since MAR 07 (waiting for almost a year)from NSC...still no LUD or decision...its very frustrating:confused:
See my signature
See my signature
BharatPremi
09-20 06:36 PM
Just wondering how many souls are out there in the country with EB-2 India PD of 2004 and earlier but are not here on IV.
Even with a 1% representation ( assuming that 2004 folks such as us are NOT tired to participate in poll), the total number should be some thing like 8000-9000. 1.5 dependents makes it 20K-25Knumbers.
Also I noticed that a lot of people who voted here has their profile listed as EB-3. Did those guys took the wrong poll or did interfiling?
I feel that OCT EB-2 I & C reversal of DOS was a knee jerk reaction to USCIS's random approvals and we should see a good jump's in next few months.
I have 2 files ( Eb3 -I-old + EB2-I-New) and waiting for interfiling. Many people could be like myself here.
Even with a 1% representation ( assuming that 2004 folks such as us are NOT tired to participate in poll), the total number should be some thing like 8000-9000. 1.5 dependents makes it 20K-25Knumbers.
Also I noticed that a lot of people who voted here has their profile listed as EB-3. Did those guys took the wrong poll or did interfiling?
I feel that OCT EB-2 I & C reversal of DOS was a knee jerk reaction to USCIS's random approvals and we should see a good jump's in next few months.
I have 2 files ( Eb3 -I-old + EB2-I-New) and waiting for interfiling. Many people could be like myself here.
more...
damit
04-07 10:02 AM
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
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EndlessWait
01-15 07:53 AM
we've had way too many :mad:
more...
nyguy25
05-01 08:35 PM
Can anyone confirm that only Driver License is required for this cruise? NCL told me so, but I�d like to hear from someone who already sailed. Also, do you have to go through Customs or Immigration upon returning? Any help would be greatly appreciated. Thanks!
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drirshad
11-14 03:01 AM
You need exp letter before filing 140 or 485 so don't worry anymore, checkout the following website get your salary you deserve a lot more than he owes ......
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
more...
sr225
05-15 11:18 AM
Sorry for high jacking the thread but I wanted some info on eb2 perm and greencard over all
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
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CADude
04-07 11:01 PM
My H1B job requirement is similar but not 100% same to GC Labor. Attorney said it can be different.
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
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cbpds
06-18 02:39 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
u never went to india since 5 years, your crazy :)
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
u never went to india since 5 years, your crazy :)
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raysaikat
08-22 02:48 AM
Thanks for your suggestions - minimalist,prem_goel,gconmymind.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
more...
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nepaliboy
05-21 10:08 PM
hi thanks your input.
what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.
LUD = LastSoft LUD = status did not change due to updat
Hard LUD = status changed, if registered, email will be sent.
Registration process:
1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
2. Add cases to your portfolio, in list display it will have the following columns
....Receipt Number
....E-mail
....Last Updated (by USCIS)
....Form #
....Title
The Last Updated above is LUD.
what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.
LUD = LastSoft LUD = status did not change due to updat
Hard LUD = status changed, if registered, email will be sent.
Registration process:
1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
2. Add cases to your portfolio, in list display it will have the following columns
....Receipt Number
....Last Updated (by USCIS)
....Form #
....Title
The Last Updated above is LUD.
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Michael chertoff
04-26 02:35 PM
Why did we all come to USA?
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
Brother, just relax. Take a deep breath and try to take a nap.. you will be OK. I can understand your frustration.
Get well Soon my friend.
MC
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
Brother, just relax. Take a deep breath and try to take a nap.. you will be OK. I can understand your frustration.
Get well Soon my friend.
MC
more...
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rbharol
08-24 12:18 PM
Master's and higher, outside US has to be in the STEM fields to qualify.
Good. That means if you have STEM Masters and 3 years US experience then at the time SKIL comes to effect you can file 485 without waiting for PD if 140 was already approved by then. OR can file concurrently.
Good. That means if you have STEM Masters and 3 years US experience then at the time SKIL comes to effect you can file 485 without waiting for PD if 140 was already approved by then. OR can file concurrently.
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h1techSlave
05-14 12:31 PM
Urbana is a new community. Home taxes are twice compared to similar houses in VA. It is also around 50 miles from DC.
If you are looking in 300K range with best schools,large indian community then Villages of Urbana in Frederick is one of the better choices.
The property tax is pretty low here because it is in Frederick county. I hope this information helps you. The elementary,middle and high schools here are one of the best in the state.
If you are looking in 300K range with best schools,large indian community then Villages of Urbana in Frederick is one of the better choices.
The property tax is pretty low here because it is in Frederick county. I hope this information helps you. The elementary,middle and high schools here are one of the best in the state.
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pappu
06-16 09:22 PM
Good comparison. if you have more informatiion, do add to this thread.
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
gc750
01-01 04:48 PM
Did you ever get the reply back from consulate if your visa was approved and did they ask you send the PPT for stamping. Please let me know if that worked out.
I am stuck in the same position. Went for visa stamping and now they have put me on hold for additional admin processing. I do have a valid AP. I am planning on travelling back to USA on my AP and when the consulate sends me mail to send the ppt I am planning to travel back and get the stamping done. But was wondering if my earlier travel on AP is going to abandone the H1 stamping application.
Please post your experience....
I am stuck in the same position. Went for visa stamping and now they have put me on hold for additional admin processing. I do have a valid AP. I am planning on travelling back to USA on my AP and when the consulate sends me mail to send the ppt I am planning to travel back and get the stamping done. But was wondering if my earlier travel on AP is going to abandone the H1 stamping application.
Please post your experience....
Blog Feeds
04-28 08:40 AM
From Politico.
More... (http://blogs.ilw.com/gregsiskind/2010/04/reid-considering-bringing-immigration-bill-directly-to-floor.html)
More... (http://blogs.ilw.com/gregsiskind/2010/04/reid-considering-bringing-immigration-bill-directly-to-floor.html)
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