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  • a.j.2048
    10-02 08:01 PM
    His child is born in USA and thus his child is US Citizen and so he can only apply for US passport. He can not apply for Indian passport for his child.

    Incorrect.

    You have to register the birth with the consulate (to get an Indian birth certificate) within a year using this form (see part II) (http://www.cgisf.org/visa/misc.pdf), following which you should be able to get an Indian passport. The USA will not issue a visa on this passport since it considers the child to be a US citizen. However, US policy in this regard does not matter if the child never travels to the US.





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  • jonty_11
    10-11 01:54 PM
    Sent above to - letters@economist.com and
    also to submit_help@aaas.org





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  • BMWX5
    03-18 07:54 PM
    Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?

    I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.

    Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.

    If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.

    Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.

    What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?

    Logiclife,
    Your message and signature says that you are still waiting for GC.
    I was told that you got ur GC and left IV as orphan.
    For some reason, I believed that and I'm kind of lost hope on the community.
    This is not only my believe and whoever I knew they have the same feeling.
    Hmm, something wrong, somehow we are trapped.





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  • Jaime
    09-27 01:16 PM
    We can wrap them with a paper saying
    I started my Immgration Process on ##/##/####
    Give me priority over illegals

    Great idea! How about adding (in caps) "LEGAL Immigration Process" and then "Stop the Reverse Brain Drain - Give me priority over illegals"



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  • rameshvaid
    09-11 06:33 PM
    what you are talking about...... in winter when there a ton of snow on drive way...:D or when your grass grows too fast... :D

    You got it right..too much of work in the house..





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  • sam_hoosier
    06-18 02:31 PM
    I am planning to file EAD/AP for my wife who is on H4 along with adjustment of status application. Will she continue on her H4 status till she gets EAD/AP?

    Yes.



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  • posmd
    03-28 04:14 PM
    Pal, don't try to be selfish and narrow minded here. Step into PBEC victim shoes and then we shall see what language you speak.

    Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.

    The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.


    I sympathise with your situation. However the point you are missing in the grand scheme of things is retrogression and visa numbers is a problem that can ONLY be solved with legislation. Congress legislates.
    The BEC mess can be sorted in other ways.
    Right now if the BECs were to get off their butts and approve your labour today you would not be any better off in any tangible way. If you wanted to buy your way out of that problem you could file PERM and ask that your labour priority date be substituted.
    There is NO WAY around retrogression mess.
    Try to see the bigger picture, since your ultimate objective presumably is getting the green card.





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  • GCplease
    10-24 09:35 AM
    I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.

    I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.

    Congratulations to Shimul99. Good for him.

    Did he have a aging out kid who filed for 485 along with him. I have heard thoses cases get prioritized.

    In any case, I am happy for him.



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  • h1techSlave
    09-22 10:17 PM
    No, we are not going to abuse this and we won't be sending stuff over and over. But stoppers have a very Specific significance: to educate and differentiate between legal and illegal. A stopper says "Stop the reverse brain drain"...A stopper would pique people's interest becase we are typically lumped in with illegals, and a stopper does not exemplify what illegals are. Illegal immigration's message is: "legalize us and help new guest workers come", our stopper says "We are already legal and are already leaving, fix this before we all leave"

    Actually, many Indians with US Citizenship are leaving too. What I have seen with my friends and coworkers is that, the moment they receive the US passport they book a flight to India and come back when ever they please. If media picks up that fact, then what is our strategy?





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  • villamonte6100
    04-11 11:36 AM
    I was talking about this THREAD NOT FORUM.

    ps: This is my last post in this thread. (perhaps forum)


    Exactly.



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  • casinoroyale
    06-20 03:07 PM
    bump :rolleyes:





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  • immigrant2007
    07-03 06:25 PM
    Please start a poll and find out who is in favor of a law suit against USCIS and who is not.

    I am in favor of to file a law suit against USCIS.

    I am also in favour of lawsuit



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  • ianlock
    07-23 04:42 PM
    thanks

    should be due any time now then.

    we will wait and see.

    Ian.





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  • dilipb
    06-30 09:28 AM
    My original "Reciept notice" of 485 came from "California service Center" then few weeks i got another notice of action notice type = "Transfer Notice" that said your application has been transfered to "Nebraska service center".
    For EAD renewal should i send copy of just Receipt Notice or both?

    Also should i send the EAD renewal app to "Texas Service Center" as per instructions because i live in MA ?


    As per section 7 of the instructions "with a copy of the receipt notice or other
    evidence that your Form I-485, Application for
    Permanent Residence or Adjust Status, is pending"

    So you should send a receipt notice and that should be enough.
    But for the heck of it, it does not matter if u send that transfer notice.
    USCIS will not create any issue for you, just because u sent TOO much documentation. Here we are talking only about 1 extra piece of paper.

    For legal fanatics: Technically the statement clearly states that they are OKAY with only the receipt notice. In fact that statment also tells me that you could show anything as evidence of a 485 filing. So even a xfer notice should also be fine. I simply recommend, send the recpt notice. Thats all.

    So now its all upto you.

    Yes. Read the instructions and send your applicaiton as per stated. So if it says that MA people are supposed to send to texas, send it to texas.



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

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

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

    Thanks!

    May we all get outa this mess :cool: and move on with life!
    =======================
    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.





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  • shana04
    02-23 05:16 PM
    Hi Shana

    If I understand your question correctly, then if you are using H1 then you need to be on payroll all the time. Does not matter whether or not using AC21. This applies even after 180 days of your AOS. If you use EAD then you can be without a job.

    Bulls eye. this is what I am thinking.

    I am looking for an answer in general for all.



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  • coopheal
    07-19 12:14 PM
    Has any one got the recipt yet??





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  • Nil
    03-19 01:57 AM
    What are you talking about? Let me have two of whatever you are smoking or drinking.
    You have it all wrong. Your experience or qualification DO NOT QUALIFY you for EB2. It is the requirement of JOB that matters. GOT IT.
    Now go scream your lungs out in front of the Capitol, Yelling "DISCRIMINATION".:mad:

    Well this is a good point, and a true one: The requirement of the job. Before PERM, in many cases, the employer was willing to consider an EB2 if the candidate qualified for it. For those who would have qualified, but were put into EB3 on grounds of job requirement, it can feel very frustrating.
    i am sure there are cases where the employer-lawyer nexus has taken advantage of the backlogs to retain an employee. Let us focus on this, instead of trying to look at 'discrimination'.

    End of the day, we'd like to have a transparent process with flexibility to change jobs, so that we get the best for ourselves.

    EB2 or EB3, if any one moves well, can be good for the other category in the long run.





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  • casinoroyale
    06-30 12:09 PM
    It seems like e-file applications are getting approved faster because these 14, 25 days are not matching with current I-131 processing times shown in the webpage.





    Suva
    05-06 02:30 PM
    I am also in the same boat. Could anybody suggest some good affordable online universities?





    vrkgali
    09-15 01:02 PM
    Just because somebody's plans worked well , and some body's wife is happy staying home , all those GC chasers are now fools.
    There are areas in USA where there is no appreciation at all in the real estate market , and not everybody is lucky enough to get the jobs immediately after coming on to the bench ., on H1B VISA.

    In my opinion , 90% of the people on this forum have got all plans and ideas on what to do if there is no GC.But 100% of the peoples plans will be more successful ..if there is GC in hand.



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