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  • GCmuddu_H1BVaddu
    03-11 11:31 AM
    let us start May 2009 predictions.

    EB3-I 2003 October





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  • sdrblr
    08-28 04:05 PM
    I have traveled out of the country 4 times since my last and only FP on 10/4/07. I had LUD on 10/4/ 07 because of this and have not heard anything from USCIS. I hope they still have my file somewhere in their warehouse.

    The latest rumor is they opened a new warehouse in Guantanamo Bay :) after BO decided to close it for detainees.





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  • annsheila79
    04-19 09:51 AM
    we will see more of this as elections near..





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  • gc_in_30_yrs
    08-16 11:09 AM
    Can we get the copy of I-140 Approval Notice under the Freedom Of Independence Act (FOIA)? If so, please advise the way to do it.

    My Details are:

    EB2-India-PD-Dec2005-Perm-I 140 Approved in May2006


    Thanks in advance for the help.



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  • gk_2000
    04-19 02:21 PM
    Democrats are PLAIN DISGUSTING! <RETCH>!!!





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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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  • krishmunn
    05-10 10:07 AM
    So the question still remains. Which is better school for MS with a little lesser load on the pocket.

    I wonder why every dicussion has to take a E2 vs E3, regional discrimination and other such things. Can't we have a proper engaging, fruitful discussion on any topic. Learn to respect and appreciate others. In God's scheme of things nobody is greater or smaller.

    Good luck.

    If someone is looking for a Masters just to upgrade to EB2, any accredited program will do. Verify the accreditation (of school and program) using the link which I posted earlier





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  • Ram_C
    11-08 01:17 PM
    Wish you all a happy and prosperous Diwali.

    -Ram.



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  • prabasiodia
    06-12 05:44 PM
    Pappu,

    I agree with all most all of your points except one. You talk about everybody being part of Core IV when you say "Now coming to your question about core team. Core team is nothing but people like you."

    That simply cannot happen because then IV as a whole would be acting like a headless chicken. Everyone now a days seems to be starting a drive, throwing tantrums at fellow IVians etc. This has to stop as per most of passive members, it means directionlessness.

    I've a suggestion. Let's ask our members, those who want to be the core. Let's restrict the core group membership to 20-25. If we get more responses, we can poll for the most favorite candidates on the forum. Similarly we can ask all of our members for the drives they want to support and poll for the drives. The most favorite five drives then become IV's drives. Most people will not work unless they are given clear instructions. The reason FOIA drive became successful was because it was coordinated well, gave a clear direction to the members and had a clear goal. That is why we raised more money than required for that drive. We need similar type of purposeful drives which will keep all of us motivated. The forum members may vote out a core team member, if they are dissatisfied, I mean we can employ all types of checks and balances for an efficient core team and an efficient drive system.

    A ship can have thousands of oarsmen but it needs an able captain to take it to the shore. If you ask me, I'll vote for you as the captain. :)





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  • snathan
    04-02 02:15 PM
    I am not sure abt Senator Grassley and others but someone in your home could answer your curiosity about my balls. lol...Take your shot man

    You might need to check yourself if you have balls...before someone else have done with your family...you are not sure only about Senator Grassley or about your balls also. If so, make sure you dont have neighbour. otherwise things would go ugly for you...Take your shot now..



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  • vikram2101
    09-19 05:50 PM
    Everyone thank you for the quick replies...

    How about if I send in Ac 21 paperwork and still be on leave of absence from my present company which sponsored my GC. It only gives me peace of mind because in case the new job does not work out I can still come back...

    I suppose it depends on your employers LOA policy, but in most cases you are not allowed to work for another employer when you have taken a leave of absence. And if it's not illegal it would certainly be unethical.





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  • paragpujara
    07-19 02:03 PM
    (EB2 - 02/05) / Reached NSC on 2nd July Via DHL at 8:30 am



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  • addsf345
    06-30 02:15 PM
    Even though Freedom_fighter's intentions are right, the intelligence is too low. Did he/she suddenly wake up and think 'WOW, I HAVE AN IDEA THAT WILL CHANGE THE WORLD. 600 million legal immigrants have not thought of this but I did?????".

    The judge will dismiss such a case at the start by saying "please produce the culprit who put a gun to your head and told you to come to this country".

    still something is wrong. USA does not descriminate based on country of birth, in this case there is a punishment for being born in india.





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  • FinalGC
    02-28 04:03 PM
    This article was written by IV sometime back. I think this is an excellent article, iIf you have it good, please ignore this posting....

    Dude, where's my green card?

    By Salil Pradhan

    While a fierce battle is raging over immigration reform for unskilled and undocumented workers, we the high-skilled, legal immigrants are struggling for employment-based permanent residency. The wait, intended by Congress to be one year or less, can now be up to 10 years in certain categories.

    I am a high-skilled, educated, legal, tax-paying resident of Stillwater, having dual master's degrees from Oklahoma State University. My wife obtained a Ph.D. from OSU and works there as a post-doctoral research scientist. After filing a plethora of immigration forms, paying exorbitant fees and waiting almost 5 years, our permanent residency application process is still in a state of limbo with no end in sight. In the absence of permanent residency and the associated uncertainty, we have missed several opportunities of economic investment and scientific research.

    People presume that since we are highly qualified and legal residents, it would be a matter of one to two years to obtain permanent residency. On the contrary, I, my wife and thousands of highly skilled, highly educated legal immigrant members of Immigration Voice ( www.immigrationvoice.org) are stuck in a bureaucratic mess that has shattered our American dreams, stagnated our careers and prevented us from realizing our true potential.

    The U.S. employment-based green card process is in need of a major overhaul. Hundreds of thousands of applicants have been stuck in the three-stage green card process � some since 1999. These highly skilled workers take up jobs for which qualified American citizens cannot be found. Though it's hard to imagine that a qualified American worker cannot be found for some high skilled jobs, there are several explanations for this disconnect.

    More than 50 percent of American graduate degrees in science and engineering go to foreign students, a majority of whom continue to stay in the United States and work on H1-B visas. A shortage of American graduate students translates to a shortage of American workers in skilled positions such as chip design, materials science, microbiology or nursing. Also, qualified Americans may be unwilling to relocate to a particular location. This is especially true for physicians working in under-served areas.

    Many misconceptions about H1-B visa holders have been propagated by largely anti-immigrant lobbies the most prominent being that they take away American jobs and are low-wage workers. The truth is that an H1-B visa holder can only be hired if a similarly qualified American citizen cannot be found. Also, the minimum H1-B wage, determined by the Department of Labor, cannot be less than that offered to an American worker in a similar job.

    Another myth is that H1-B workers don't pay taxes. Be assured that all H1-B workers pay taxes equal to what American citizens pay, including Social Security and Medicare taxes.
    If Congress passes S. 2691 and H.R. 5744, which Sen. John Cornyn, R-Texas, and Rep. John Shadegg, R-Ariz., have respectively introduced, America would undoubtedly become more competitive by ensuring availability of adequate high-skilled immigrants and by eliminating some of the red tape that plagues our legal immigration system.

    Pradhan is a member of Immigration Voice.



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  • senk1s
    05-21 01:58 PM
    This is unprecedented - NSC was doing Eb3 140's slowly and now they stopped.
    NSC EB2 140 is July 5th 2007 (my friend got approval yesterday by filing in Aug 2007)

    Clear your cache and then reopen browser - you should be able to see MAY 15th update.

    Thanks,

    Unbelievable :(
    If it is any more ridiculous, it'll be funny.
    NSC140EB3 is like a sunk treasure ... we need to send Prof Indy to look for it





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  • a1b2c3
    11-01 07:12 PM
    I am EB2-I with PD of Aug 02, still waiting for approval of 485. July07 concurrent filer. 140 was approved in Sept08.

    And this is the interesting part. The online status still shows 140 as pending. No email either, just a soft LUD on the online status. USCIS is being truly erratic. A maverick?

    You should fill out a form with the Ombudsman. Just google for it. They should help you with your case.

    Is your NC cleared? Have you taken an infopass to confirm your biometrics and NC is all clear? There have been cases where fingerprinting was done but it wasn't reflected in the case status.



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  • h1techSlave
    03-18 10:19 PM
    Thanks much for the encouraging words. You have made my day. :D :):

    10000 more homes is nothing. This is not INDIA. The economy is so huge that 10000 homes is a drop in the ocean. And is the Govt. going to believe that all 10000 immigrants are going to buy homes? 75% of them won't qualify for new mortgage rules.

    Plus, what is stopping you from buying a home right now?





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  • franklin
    07-20 05:49 PM
    Before people start slamming this lawmaker and that, please read the full context of the bills and amendments.





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  • villamonte6100
    11-02 12:22 PM
    Thank you very much for all the response. I waited for responses from different places so I could determnine if it is a Nationwide policy as what the Colorado was saying.

    I am from Colorado and I think Colorado is one of the strickest states in the US whatever.

    It looks like from responses that only Colorado has so far adhered to this new policy.

    I have 4 friends who currently cannot drive because their licenses have expired and they are waiting for MVI's (Motor Vehicle Investigative Unit) letter. Until such letter is issued, you cannot renew your license (in Colorado). According to MVI Here, it will take to 5-7 days, but if there is a problem, it will take up to 9 weeks.

    Really rediculous procedure and I agree with everyone.

    Just in case anyone there is in the same predicament, please share your story and the resolution.





    BhanuPriya
    03-27 01:38 PM
    Hey gc_in_30_yrs,

    We didn't hear back from you. Please let us know the information you got from USCIS. Here lot of people waiting for your post (Prabably GOODNEWS from you).

    Thanks in advance
    Bhanu





    crazydesi
    01-13 01:10 PM
    EB2 -- Dont run fast, you will fall down again ...

    I'm EB3 , with PD Oct 18th, Off by 3 days since last 2 months ...



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