Saturday, June 25, 2011

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  • fall1998
    05-16 10:12 AM
    So, the count of people still waiting is reducing (many users are saying they got approved in last couple of days).

    I am getting a feeling that USCIS is really clearing out the backlog this time.




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  • robert5156
    07-27 01:42 PM
    yagw,

    Regarding your comment
    >>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
    Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?




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  • ashkam
    07-20 09:11 AM
    My attorney said e-notice is fine and applied.
    but in enotice it is written

    Please note that this e-mail message is being sent as a
    courtesy and cannot be used as evidence of nonimmigrant
    status. Nor can this message be used as evidence to procure
    an immigrant visa


    I am worried if my packages comes back after aug 17?

    My lawyer refused to file with the e-pproval and I agree with him. Why take a risk with such an important matter. If you're approved, you should get your approval notice in a couple of weeks at the most. File your 485 after that.




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  • MetteBB
    05-12 12:48 PM
    **font perhaps?

    Did you think of maybe reversing the stroke and fill colours of the font to achieve better contrast? instead of green stroke white outline, the apple, for example, reverse it so that it is white on the outside, green on the inside, because the green tends to blend in with the fruit.


    Wouldnt the white blend in with the background perhaps? *Just a thought

    I will have a look at it though... Thanx for the comments



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  • lostinbeta
    09-06 10:28 PM
    Eh, I actually have to say I liked it better the last time.




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  • rajeshalex
    03-17 11:46 AM
    We are in the same boat. I am the primary and mine has been Xfrd to field office in VA where as my wife's 485 has been xfrd to MO. I called up customer support and they said it is normal to transfer across field offices.

    Many say when the 485 is transferred to a field office there could be an interview.



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  • frostrated
    10-02 03:02 PM
    the two are separate as they belong to different countries. you can maintain both as long as you fulfill the requirements to keep both of the permits current.




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  • jnraajan
    08-18 11:15 PM
    We all appreciate your frustrations. But by posting information like these in a highly popular site like IV, you are only bringing unwanted attention to news like these. Hope you understand.



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  • shortchanged
    08-27 07:59 PM
    [QUOTE=Lisap;155340
    This afternoon I received receipts from the original filing with a receipt date of July 2nd. [/QUOTE]

    If you stopped payment on individual checks (My banks charges $30 for each check stoppage) it would have been denied eventhough USCIS tried to cash it (instantly as it is electronic transaction).That you received receipt notices means, the checks went through, and your application is considered properly filed.
    If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
    So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.

    Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!

    I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.




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  • payur
    03-10 07:37 AM
    I guess I should agree with Jerrome because I am going to India 2 weeks from now and My friend who recently had been to India mentioned the same. I have asked the same question to my immigration lawyer, I will post it when I get a reply.

    In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.

    Please let me know if anybody had this situation.

    -Success.



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  • eastindia
    04-20 08:59 AM
    I am contacting them and will march with them. If undocumented get a bill, our bill will come automatically. We should be supporting them. If we support them they will also support us. With their support we can get our bill. If we try to do a rally for ourselves the so called educated people on H1B and EAD will not come. They will rather spend time driving in their nice car to Disney or eat out in a fancy restaurant. So I believe we need to side with undocumented and help them to help ourselves.




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  • cagedcactus
    07-27 11:08 AM
    Can some one please confirm. I hope I am not confusing everyone here. I am filing my I 140 now, I want to be sure that this is safe.....

    thanks for the kind replies...



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  • jediknight
    03-13 11:41 AM
    The 60 rule is a senate rule and only makes the status quo folks happy.

    You cannot get anything done with 60 votes. California has the same problem with the budget requiring 66% votes.

    BTW, if you are a republican the reason that the Bush tax cuts are going to expire next year is that they were passed via reconciliation. So I am going to be paying more taxes next year.

    I will be paying more taxes if Healthcare reform passes too, but I still oppose the 60 votes stupidity.

    Once a party wins the majority, I expect them to get do the stuff they promised. If they do stuff that everyone dislikes, they will get voted out and then the other party can do what they want and the cycle will continue.

    The reason that we can't get Immigration reform is the minority party has too much power and to only way to wield it is to block, block, block. The Democrats also did this when they were in the minority.

    - JK




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  • jiraprapaasa
    04-13 11:40 AM
    My 4 yr old niece went in person for the visa along with an adult of course.

    What document does my niece need to bring to the embassy?
    So far she has I-20, SEVIS fee receipt, MRV receipt from post office, school letter, passport, photo 2x2, her address in US, her father statement and book account.

    Will consulate officer interview her or her mother who will be going with her?
    She is 12 going to be 13 in May does she need a letter from her parent permission to go study abroad.

    Can she say that she has her aunt which is me in the US where she will be staying with (We have the same last name) or should she say that she live in a hosted family in the US where school provided.

    Her GPA is 4.0 from her 6th grade. Her father statement is good. Is there any how that she will get deny for her student visa.



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  • iwantmygcnow
    11-09 10:22 AM
    This is exactly what happened to my case. My attorney sent the porting request three time with no success. He says USCIS is returning the request without giving any reason.




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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.



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  • sri1309
    01-10 10:51 AM
    Hi ALL,

    Here is idea. It can happen to you next week, sorry, but its possible.

    Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
    What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.Will you start looking at expert atttorneys spending 1000s of $s. Will you have to return back??.

    I know some of us are unfortunate to be in the situation, not me, but who knows??.

    So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just imagine you lost your job and in despair.
    Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
    Sorry if I sound depressing, but lets act before its too late..




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  • divakarr
    09-05 10:23 AM
    1-800-375-5283 Option 1,2,2,6,2,2,1 and tell them your application has been filed over 90 days so that they will transfer your call to second level customer support.


    For my case, she thought that maybe my application is missing, this is the reason that she sent a request to NSC to look for my application.

    Because I got my AP receipt and there is no information for I-485, and AP is based on 485.

    My employer messed up my perm labor two years ago, and i hope it is not this time.




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  • paskal
    06-11 12:04 PM
    here is your stupid thread.
    now stop.
    if you want to help yourself, get active. otherwise please slink back into your hole. i have answerd your question in this thread too:

    http://immigrationvoice.org/forum/showthread.php?t=4947




    nvmurali
    06-02 04:20 PM
    You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.

    This is not legal advise - a lawyer consultation is highly recommended.

    I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)

    Thanks,
    Murali




    shri22
    11-13 09:40 PM
    Hi All,
    Can you please tell me, when following was announced? Is this a new rule ?
    VISA CONVERSATION NOT POSSIBLE FROM H4->H1 or from F1=> H1

    I have appointment for Jan12 in TIJUANA , I took this appointment Oct 19th
    I worked almost more than 1 year in USA with H1 status but never stamped on my passport.

    Thanks
    Shri



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