logiclife
02-03 06:51 PM
Thanks and make it a great weekend. Enjoy SUPERBOWL.
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GCHope2011
07-01 10:51 AM
This speech was just a re-articulation of the issue and its various dimensions and the fact that this issue requires bipartisan support to move forward.
Not really sure what will happen as a result of this speech.
Not really sure what will happen as a result of this speech.
senthil1
05-24 03:38 PM
Also we cannot deny that Corporations also reason for putting the h1b restrictions. Why Indian consulting companies applying thousands of H1b in one day? I doubt usage of number h1bs are atleast 50% They were also wasting lot of h1bs just by applying and staying in India waiting for Job opportunity materialise but here many companies could not get persons for many projects. Some solution is needed for this issue for proper utilization of H1bs. Corporations could have suggested some solution for this if they are really responsible.
According to lot of estimates 100k new jobs are created and if we include retiring people and rotating people real new requirement will be 150k persons including H1b and L1. H1b numbers(115-180K) in the Senate bill are fine according to Industry estimates if industry is just using for new jobs and vacancies of old jobs without replacing current workers. It is too much restrictive in the bill but someone has to suggest alternative solution for the current problems. If they just remove the restrictions when they open new H1b cap will be reached within few days again corporations lobby for more H1bs.
I'm surprised that everybody in this thread got so scared of the language in a stupid bill and stopped thinking how clever Indians are in finding loopholes. I hate when all the extra-ordinary people think in the same direction. To start with, is it possible that these jokers will pass anything agaist the will of big techs like microsoft, intel, csco, think again? even if they did to make average(stupid) Joe happy, they wil keep loopholes making the law irrelevent. e.g. H1 quota limited but L1 unlimited. businesses more than 50 emps can not have more than 50% H1Bs, what do u think big desi consulting cos are in trouble? they will simply 10 more companies each having 49 people.
Other direction: when i came to US in '99 from SEEPZ, my US salary(in Rupees) was 12 times my indian salary, now it's just 2 times. Indian salaries are increasing 10-20% every year, and Dollar is going down (down 20% in 6 years, 40% including indian inflation), very soon there will be no advantage in coming over here, and you are worrying about future H1s having trouble getting GC?
No matter how stupid and selfish politician look/sound they always think about their contries future, and folks these are US politicians. take it easy and take a walk outside, it's nice out there.
According to lot of estimates 100k new jobs are created and if we include retiring people and rotating people real new requirement will be 150k persons including H1b and L1. H1b numbers(115-180K) in the Senate bill are fine according to Industry estimates if industry is just using for new jobs and vacancies of old jobs without replacing current workers. It is too much restrictive in the bill but someone has to suggest alternative solution for the current problems. If they just remove the restrictions when they open new H1b cap will be reached within few days again corporations lobby for more H1bs.
I'm surprised that everybody in this thread got so scared of the language in a stupid bill and stopped thinking how clever Indians are in finding loopholes. I hate when all the extra-ordinary people think in the same direction. To start with, is it possible that these jokers will pass anything agaist the will of big techs like microsoft, intel, csco, think again? even if they did to make average(stupid) Joe happy, they wil keep loopholes making the law irrelevent. e.g. H1 quota limited but L1 unlimited. businesses more than 50 emps can not have more than 50% H1Bs, what do u think big desi consulting cos are in trouble? they will simply 10 more companies each having 49 people.
Other direction: when i came to US in '99 from SEEPZ, my US salary(in Rupees) was 12 times my indian salary, now it's just 2 times. Indian salaries are increasing 10-20% every year, and Dollar is going down (down 20% in 6 years, 40% including indian inflation), very soon there will be no advantage in coming over here, and you are worrying about future H1s having trouble getting GC?
No matter how stupid and selfish politician look/sound they always think about their contries future, and folks these are US politicians. take it easy and take a walk outside, it's nice out there.
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just4gc
04-07 07:27 PM
Where's the great predictor "vdlrao"? It looks like he has spent sleepless nights in winter calculating his predictions and is now in spring hibernation.
Looks like ags123 has taken over his role.
Looks like ags123 has taken over his role.
more...
gg_ny
10-12 02:24 PM
This posting is not to dishearten anyone but to make everyone aware of the obstacles on the path. I followed up on Science article and talked to Jim Austin, the
lead for ScienceCareer efforts of Science journal group. The baseline of my conversation goes as: there is limited funding, limited opportunities even for US born scientists, then is it wise to "import on permanent basis" scientists from abroad?Yes, it is good to have the best here, but what we (USA) require is education and training of US-born first ...
Take home message for us guys is this: These are the people the congress hears out first when they want to make policy changes. These are the people who were able to convince NIH to double its funding in 5 years time a couple of years back. These are the people who are now saying that there is no job and money for US-born, so first get more fundingand training for us citizens, before you get foreigners to carry out research ...
It is obvious that the issue is becoming more and more acrimonious, entangled with a lot of other issues - both political and economic. Unless the retrogressed are willing to take this to heart and put up an intense effort, in coming years the matter is going to get worse. Next few months could be the only ***healthy*** window of time to achieve a remedy for retrogression. Not only the economy is driving anti-highskillimmigration groups more vocal, we are slowly finding the pro-immigrant support base thinning out because of very bad fiscal situations.
great work everyone. thank you nycgal and others that took initiative and pushed this effort further. committed members like all of you in this thread help us a lot by sending emails to reporters. several letters highlighting a particular issue generates interest in reporters and media orgs and they choose to write about us. It is not easy to get even a single article published in newspapers and it is due to the efforts of our members, we are able to generate awareness. There is still a long road ahead of us and I am sure with active participation from everyone, we will surely succeed.
lead for ScienceCareer efforts of Science journal group. The baseline of my conversation goes as: there is limited funding, limited opportunities even for US born scientists, then is it wise to "import on permanent basis" scientists from abroad?Yes, it is good to have the best here, but what we (USA) require is education and training of US-born first ...
Take home message for us guys is this: These are the people the congress hears out first when they want to make policy changes. These are the people who were able to convince NIH to double its funding in 5 years time a couple of years back. These are the people who are now saying that there is no job and money for US-born, so first get more fundingand training for us citizens, before you get foreigners to carry out research ...
It is obvious that the issue is becoming more and more acrimonious, entangled with a lot of other issues - both political and economic. Unless the retrogressed are willing to take this to heart and put up an intense effort, in coming years the matter is going to get worse. Next few months could be the only ***healthy*** window of time to achieve a remedy for retrogression. Not only the economy is driving anti-highskillimmigration groups more vocal, we are slowly finding the pro-immigrant support base thinning out because of very bad fiscal situations.
great work everyone. thank you nycgal and others that took initiative and pushed this effort further. committed members like all of you in this thread help us a lot by sending emails to reporters. several letters highlighting a particular issue generates interest in reporters and media orgs and they choose to write about us. It is not easy to get even a single article published in newspapers and it is due to the efforts of our members, we are able to generate awareness. There is still a long road ahead of us and I am sure with active participation from everyone, we will surely succeed.
Dandruff
10-05 02:10 PM
I got your point and that of logiclife's and I agree....there is no need for them to mention the illegals (a cheap attempt on the part of WSJ). I was merely pointing out that WSJ technically does not say that we (high tech workers) are illegal.
the usage of "But" to start the sentence in the WSJ article implies it is related to the preceeding line. hth!
the usage of "But" to start the sentence in the WSJ article implies it is related to the preceeding line. hth!
more...
caydee
05-24 08:50 AM
Yep!! This bill is really bad.
It bleeds us dry.
It bleeds the H1B program dry.
It is evident that the proponents of this bill want it that way.
Apparently the proponents see us as negative impactors to the US economy
Apparently the proponents see the business community that use the H1B program as not "Pro-American".
This is the beginning of protectionism.
This is the beginning of isolationism.
This is the beginning of blunting of America's competitiveness.
The proponents of this bill must go back to school to study rich European nations and find out why they do not have a vibrant economy like US has.
And the proponents of this bill must go back to school to know what makes US unique and vibrant.
After this if they still remain proponents, then GOD SAVE US!!!!!
Bad for consulting companies (no H1B; may lose job)
Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)
Bad for H1b transfers and extensions (severe restrictive provisions on H1B)
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.
It bleeds us dry.
It bleeds the H1B program dry.
It is evident that the proponents of this bill want it that way.
Apparently the proponents see us as negative impactors to the US economy
Apparently the proponents see the business community that use the H1B program as not "Pro-American".
This is the beginning of protectionism.
This is the beginning of isolationism.
This is the beginning of blunting of America's competitiveness.
The proponents of this bill must go back to school to study rich European nations and find out why they do not have a vibrant economy like US has.
And the proponents of this bill must go back to school to know what makes US unique and vibrant.
After this if they still remain proponents, then GOD SAVE US!!!!!
Bad for consulting companies (no H1B; may lose job)
Bad for physicians (no H1B for medical residents; no provisions for NIW...terrible)
Bad for H1b transfers and extensions (severe restrictive provisions on H1B)
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
This bill is a massive attack on us; we should put all our efforts to oppose and kill the bill. There is little chance that we can get amendments to reverse the potential damage that this bill can do... that is disaster for us.
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gccovet
05-21 01:36 PM
I don't know about that...is it true that i can get interim EAD after 90 days???
Not sure if this rule still valid (some websites still has them , including murthy),
check this out
http://www.murthy.com/news/n_intead.html
GCCovet
Not sure if this rule still valid (some websites still has them , including murthy),
check this out
http://www.murthy.com/news/n_intead.html
GCCovet
more...
JunRN
08-23 03:15 AM
Luck really plays with every game....
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gcisadawg
02-23 02:49 PM
Dhoni should be banned....
http://thatscricket.oneindia.in/news/2009/02/19/indi-will-start-as-underdogs-dhoni.html
How dare he can say "India will start as underdogs: Dhoni" :D
Dannyboyle is calling Slum people "Slumdogs" and Dhoni is calling Indian cricket team as "Underdogs"..
What is happening? :)
n4nature
http://thatscricket.oneindia.in/news/2009/02/19/indi-will-start-as-underdogs-dhoni.html
How dare he can say "India will start as underdogs: Dhoni" :D
Dannyboyle is calling Slum people "Slumdogs" and Dhoni is calling Indian cricket team as "Underdogs"..
What is happening? :)
n4nature
more...
seeker
05-24 10:31 AM
Status quo is far far much better that passing this bill which has articulately been designed to screw us completely.
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12samanta
07-22 09:19 AM
Yesterday i sent letters by mail to OH 2 senators and 1 representative.
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Amma
02-23 12:39 AM
Congrats Rahman and Resul Pokutty !
We are proud of you.
We are proud of you.
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Berkeleybee
04-26 09:04 PM
I would like to point out that it is not just skilled workers from India and China that are affected.
Franklin,
We have members from all over the world. And as far as EB-3 is concerned the entire category retrogressed -- all countries. We feel that this is a problem that affects all highly skilled workers.
One thing to remember is that reporters take snippets from hours of interviews, and then their editors edit the article down further.
best,
Berkeleybee
Franklin,
We have members from all over the world. And as far as EB-3 is concerned the entire category retrogressed -- all countries. We feel that this is a problem that affects all highly skilled workers.
One thing to remember is that reporters take snippets from hours of interviews, and then their editors edit the article down further.
best,
Berkeleybee
more...
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crystal
02-23 02:09 PM
I know a term called "spitting the venom". It is on full display in your post.
my dear.. pretentious pseudo middle class desi...
i know ppl like you...
you wear an armani to office but still carrying curd rice and pickel for lunch...
you rejoice the success of slumDOG..with your liberal friends...with a martini glass filled with water..in hand..because ur amma told u not to drink alcohaal..;)
according to u ...we are losers because we dont like being called a DOG in 21st century...
if you want to wag ur skinny brown ass ..eveytime SlumDOG is uttered..thats ur problem..
my dear.. pretentious pseudo middle class desi...
i know ppl like you...
you wear an armani to office but still carrying curd rice and pickel for lunch...
you rejoice the success of slumDOG..with your liberal friends...with a martini glass filled with water..in hand..because ur amma told u not to drink alcohaal..;)
according to u ...we are losers because we dont like being called a DOG in 21st century...
if you want to wag ur skinny brown ass ..eveytime SlumDOG is uttered..thats ur problem..
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s416504
02-12 12:24 PM
You said Labor do says BS+5 year Exp. is OK.
If nothing comes up...Check if your original employer files New I140 to consider you in EB3 instead of EB2 using same labor.
digging through my old documents now.
I was mistaken reading the labor cert application. It did say "we accept BS + 5 years progressive experience".
I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .
I do have a copy of the Educational evaluation used by my old attorney which says US master equivalent.
As one member pointed out , there is a possibility that my original employer might have sent a letter saying Labor cert has mistakes but I have no way to confirm that . Or it could that the Officer is just trying to find any small thing to make the case deny.
I am digging all my old docs to give it to my attorney and see what he is going to day .
Thanks for all the support folks .
-vinod
If nothing comes up...Check if your original employer files New I140 to consider you in EB3 instead of EB2 using same labor.
digging through my old documents now.
I was mistaken reading the labor cert application. It did say "we accept BS + 5 years progressive experience".
I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .
I do have a copy of the Educational evaluation used by my old attorney which says US master equivalent.
As one member pointed out , there is a possibility that my original employer might have sent a letter saying Labor cert has mistakes but I have no way to confirm that . Or it could that the Officer is just trying to find any small thing to make the case deny.
I am digging all my old docs to give it to my attorney and see what he is going to day .
Thanks for all the support folks .
-vinod
more...
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aadimanav
07-16 10:55 AM
That's good.
I hope that this is not an automated one.. :)
Thank you for expressing your concerns regarding the Department of State�s visa policies.
You raise compelling points, and your argument is an illustration of why we should work to ensure our visa polices are sound, reasonable, and equitable. Until we enact comprehensive immigration reform, we are likely to be faced with similarly difficult situations. Should legislation relating to this issue come before the Senate, I will certainly keep your views in mind.
Thank you again for contacting me.
Sincerely,
Sherrod Brown
I hope that this is not an automated one.. :)
Thank you for expressing your concerns regarding the Department of State�s visa policies.
You raise compelling points, and your argument is an illustration of why we should work to ensure our visa polices are sound, reasonable, and equitable. Until we enact comprehensive immigration reform, we are likely to be faced with similarly difficult situations. Should legislation relating to this issue come before the Senate, I will certainly keep your views in mind.
Thank you again for contacting me.
Sincerely,
Sherrod Brown
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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.
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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wandmaker
12-16 11:27 AM
See really ..my ignorence on this option ( of making smaller contribution using paypal- donations@immigrationvoice.org )... is probably why some of the guys I have spoken to at work have also not contributed yet..though they all visit and adhore the IV effort..
Now you know how to contribute smaller amounts to IV - contribute the smaller denomination regularly or whenever possible and spread the word. So both IV and you can benefit from this. Thank you.
Now you know how to contribute smaller amounts to IV - contribute the smaller denomination regularly or whenever possible and spread the word. So both IV and you can benefit from this. Thank you.
Diluk
03-13 11:44 AM
EB2 India will move forward to 2091
EB3 World - will retrogress to 1857 there are still some Irish immigrants waiting! l
I'm a EB3 WOrld :mad::mad:
EB3 World - will retrogress to 1857 there are still some Irish immigrants waiting! l
I'm a EB3 WOrld :mad::mad:
freedom_fighter
06-29 05:37 PM
Only portion which makes sense in your post is your user name "Freedom_fighter" :D
i guess someone with your great sense can solve the misery from the nonsense of USCIS. I'd not mind if you can accomplish anything to help the cause.
i guess someone with your great sense can solve the misery from the nonsense of USCIS. I'd not mind if you can accomplish anything to help the cause.
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