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  • beautifulMind
    10-05 10:32 PM
    My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....

    Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes





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  • MDix
    07-30 08:57 AM
    Your lawyer (and most of them including some famous on wwww) are DHAKKAN. They have no clue what's going on with VB. They just know how to fill some some form , that also they screw lot of time.

    My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(

    He said end of year for spillover from family. So I understood as September,
    I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.





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  • cherupally
    09-17 05:46 PM
    But if your form is signed with today's date then doctor might want you to take blood work again as they are no longer invalid if they are more than 1 yr old.
    Again this are grey areas.There are no concrete answers.

    I was not sure about this. I guess medicals are valid for 15months (if I am not wrong). But again, I just sent the medicals with new I-693 form with old results (like old wine in the new bottle :) ). Its just that the Doctor forgot to fill couple of check boxes, so I hope they accept it.





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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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  • leo2606
    10-14 07:43 PM
    Check the following thread.

    http://immigrationvoice.org/forum/showthread.php?t=13358
    Hi:
    I filed on July 23, I-140 and 485 concurrent.
    I got EAD on 5th Oct.
    I had fingerpring done on OCT12.
    Whne Fingerprinting was done, with 2 of my fingers, it gave message
    Warning !!!!!!!! Matched (with RED color) . Rest all fingers, it displayed passed with Green color.
    Does it mean it matches with some kind of FBI database and Do I need to worry about it?

    Please help gurus. I have lost my sleep.

    Thanks





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  • shantanup
    10-15 08:25 AM
    Why would anybody ask for visa to issue a driver's license? How is one's driving privilege dependent upon visa? No one has ever asked me or my wife or my friends for a visa to issue a driver's license. Is this some law specific to some states?



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  • cal97
    12-06 03:27 PM
    July 2nd filer. NSC->CSC->NSC. Was told by an IO at NSC that my FP's have been scheduled on 10/26. Well, I have not received it as yet.





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  • garybanz
    10-28 01:45 PM
    You may get your green card with out giving a new set of finger prints. Sometimes, you will get the green card first and then they ask you to give the finger prints if necessary.

    In my case, I didn't have to give FP for receiving the physical cards.

    How long did it take for you to get the card after the case was approved? Also when your case was approved did the status change to Card production ordered immediately or was there a gap between approved status and card production ordered status?



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  • sbmallik
    05-28 03:46 PM
    If you will work for a Canadian Company within US, then you need a US work visa (H-1B for example). However, in this process you will not satisfy the residency requirements for your Canadian PR. Please note that you need to live in Canada for at least 2 out of 5 year period to maintain the PR.





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  • voldemar
    07-02 10:29 AM
    All EB Unavailable
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html



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  • desighee
    02-25 07:22 PM
    ** You should Eat only in McDonalds. If USCIS finds evidence that you eat in other places, they will revoke your H1B

    ** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1

    ** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140

    ** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485

    Add many more, there are 101 ways to torture a non-immigrant.



    ** You should only pee once. If USCIS finds evidence that , they will deny your I-485:)





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  • LondonTown
    02-04 08:07 AM
    Applicants for visitor visas should generally apply the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. Visa applications are now subject to a greater degree of review than in the past so it is important to apply for your visa well in advance of your travel departure date.

    As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79, with few exceptions. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. Making your appointment for an interview is the first step in the visa application process. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available on our website at Visa Wait Times, and on most embassy websites. Learn how to schedule an appointment for an interview, pay the application processing fee, review embassy specific instructions, and much more by visiting the U.S. Embassy or Consulate website where you will apply.

    During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant�s interview by a Consular Officer.

    Read more here (http://travel.state.gov/visa/temp/types/types_1262.html).



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  • go_guy123
    03-13 02:43 PM
    Are you sure democrats are not listening to republican suggestions? Healthcare debate has been going on for over 1 year. In my 8 years in US, never has been so much time given to debate any single issue. Most of the key provisions in the bill were Republican ideas including tax cuts, coverage for preexisting condition etc. Republicans are taking bribes from insurance companies for stalling the healthcare bill. If democrats did not want to include republicans then they could have passed healthcare bill last year when democrats had super majority in the Senate, before Scott Brown's election. All throughout last year democrats have been trying to get republicans on board. Republican party have stalled the entire government. Now with no other choice, after debating healthcare for more than 1 year, republicans want to restart the entire discussion. This is appalling.

    Keeping all tradition, Healthcare bill passed with with filibuster proof majority in the Senate. House passed their own bill with majority. House is now trying to pass Senate bill. Then House and Senate will do reconciliation of the House bill and Senate bill in the conference committee. Every bill has to go through conference committee. After conference committee they will again pass the final bill in the House and the Senate with majority vote. What is wrong with this process? Every republican senator was elected with 50% majority. No one asked republican senators to prove 60% vote. Why can't the Senate pass a bill with 51 votes after passing through the filibuster test of 60 votes when that is how others bills pass? So many large bills including Patriot act were passed with 50 Senate votes + 1 vote of Dick Cheney after the conference committee.

    There was no immigration bill last year because of healthcare debate. Republican party is a party of no and they don't want to see anything done.

    Healthcare is festering because a lot of democratic party members have been bought off by the insurance lobby and they want to "discuss , debate endlessly etc" to create a stalemate
    and thereby kill the bill.

    "debate endlessly" is another way of blocking

    By the way thats how CIR gets killed and will get killed if tabled.

    AC21 was passed in stealth as it was piecemeal...bypassing a lot of process.





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  • gchopeful2
    08-17 03:16 PM
    Why not FedEx?



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  • jasmin45
    08-02 04:27 PM
    I have been reading posts on here and I think I am more confused than ever now. People are talking about 180 days? 180 days from what and for what? I have a call in to my lawyer but hes hard to reach.... So maybe you guys can clarify for me? I have an approved labor cert w/ priority date of July 06. Sent my app and my husbands app to the NSC on June 27th for our 485 & 765 (the work authorization for both). So what now? I will get a receipt date, then eventually a notice for fingerprints and then my work authorization? And then what - we eventually will get our green card? When does your change in status occur? once you get the green card? or once my 485 is pending? Thank you for your help in advance, Lisa
    Status changes after your I-485 is approved. Not when your 485 is pending.once they approve your AOS application (I-485), your G card will be ordered for printing and eventually will get ship to you.





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  • sen
    11-01 06:43 PM
    I ran into the same issue when my wife I-94 was about to expire even though she had valid visa in her passport till 2010. We just crossed over to Canada (through Detroit) and after spending an hour we returned back to US. On our entry, we requested the officer to issue new I-94 since it was expiring. He directed us to the immigration officer who issued a new I-94.


    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.



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  • pappu
    01-30 02:47 PM
    Please update your profiles and help us make this tracker popular. Here are some tutorials to help you get started

    Getting Started: http://www.youtube.com/watch?v=L9mE1L5HWm8&fmt=18
    Basics: http://www.youtube.com/watch?v=PFDccTmrMfY&fmt=18
    Finding and Filtering: http://www.youtube.com/watch?v=vf_1yqAGZYs&fmt=18


    FAQs:http://immigrationvoice.org/wiki/index.php/IV_TRACKER


    We urge everyone to input correct profile details so that we can help each other. Please also politely nudge each other to enter correct profile details when you see an incorrect data. We need the analysis as charts and graphs of this data for a presentation we will do to lawmakers for recapture bill this year and any possible admin fixes.
    Correct data will also help everyone track cases better on IV tracker.

    Let us all help in this effort.





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  • crsna
    04-11 10:28 AM
    Why are you waiting till jan 2008 to apply for green card? Once you file labor and complete one year, i believe you can keep extending your h1 on a yearly basis. So you do not have to go back to India.

    Planning to apply GC in 2008 jan or sometime will it be fine. that time my H1 completes 4 yrs. How long will it take labour? will it be over by 2010?
    once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?

    no other solution for this?

    pls help me.





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  • vips63
    09-23 04:02 PM
    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf





    LC2002
    07-10 12:11 PM
    I mailed my EAD renewal (Paper filing) with priority mail on 06/23/08 and was received at TSC on 06/26/08 but check has not been en-cashed yet and obviously no receipt. Any body in similar situation? Wanted to know how long it should take get receipt.





    chadoubra
    06-21 01:24 PM
    thank you for the responses. it does seem to be a bit of bad luck. i only have 20 days before my I-94 expires. are they very strict about when it expires or do i get a grace period?

    for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.

    for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.

    if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.

    thanks again for the help.



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