bkarnik
11-09 09:23 AM
Are you advertising your Law Office on the message board...????
A number of members have reported this and other posts as advertisements. However, since the post does not contain any mention of the law firm or its details and is related to immigration issues, the posts will be allowed to remain. In fact, if bzuccaro is indeed a lawyer, then I (in my personal capacity) thank him for taking the time to post informative and educational updates on this forum as long as he does not use the forum to advertise his firm. Members are, of course, more than welcome to contact bzuccaro individually if they wish to talk with him one-to-one. But IV is in no way recommending this lawyer or liable for any issues or disputes arising if members were to establish an attorney-client relationship with bzuccaro or his firm.
A number of members have reported this and other posts as advertisements. However, since the post does not contain any mention of the law firm or its details and is related to immigration issues, the posts will be allowed to remain. In fact, if bzuccaro is indeed a lawyer, then I (in my personal capacity) thank him for taking the time to post informative and educational updates on this forum as long as he does not use the forum to advertise his firm. Members are, of course, more than welcome to contact bzuccaro individually if they wish to talk with him one-to-one. But IV is in no way recommending this lawyer or liable for any issues or disputes arising if members were to establish an attorney-client relationship with bzuccaro or his firm.
wallpaper college life quotes
techskill
08-10 05:44 PM
There is an Indian guy who applied on June 1st and got approved.
http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195
But the OP's approval doesn't make sense
But that was Oct 2002 PD, so he was eligible to file
http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195
But the OP's approval doesn't make sense
But that was Oct 2002 PD, so he was eligible to file
kumar1
07-31 01:59 PM
Both same employer
What will happen if everything is same but employers are different? Please shed some light.
What will happen if everything is same but employers are different? Please shed some light.
2011 Life is my college may i
akhilmahajan
04-23 11:21 AM
Wow..........
Thats something really interesting.....
So based on this, if this holds up, once DOL approves the labor, i dont think USCIS can switch a case from EB-3 to EB-3...........
If my interpertation is wrong, can you please let me know.......
Thats something really interesting.....
So based on this, if this holds up, once DOL approves the labor, i dont think USCIS can switch a case from EB-3 to EB-3...........
If my interpertation is wrong, can you please let me know.......
more...
meridiani.planum
05-15 05:14 PM
2009------we can see something happening.
Until then Visa Bulleting is our best hope and source
Let us pray.
not to be too blunt, but:
http://gracefulflavor.net/2008/04/29/prayer-death/
prayer is not enough. As they say even God helps only those who help themselves. The July VB re-instatement would not have happened if people had just prayed and done nothing else.
So call representatives during the day:
http://immigrationvoice.org/forum/showthread.php?t=19113
and pray in the evening.
Until then Visa Bulleting is our best hope and source
Let us pray.
not to be too blunt, but:
http://gracefulflavor.net/2008/04/29/prayer-death/
prayer is not enough. As they say even God helps only those who help themselves. The July VB re-instatement would not have happened if people had just prayed and done nothing else.
So call representatives during the day:
http://immigrationvoice.org/forum/showthread.php?t=19113
and pray in the evening.
dextro_a
02-05 02:29 PM
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
I just thought its better reply then just assuming that university will do H1B for you.
I just thought its better reply then just assuming that university will do H1B for you.
more...
deepimpact
09-17 11:13 PM
Spill over from FB should go to most retrogressed EB category regardless of the EB1,2,3,..
In this case, if any spill over from FB should go to EB3-I. I dont know whether spill over will happen from FB or NOT.
FB spillover from a year gets added to overall EB quota of 140K for next year. And each category gets its proportional share of the spillover.
In this case, if any spill over from FB should go to EB3-I. I dont know whether spill over will happen from FB or NOT.
FB spillover from a year gets added to overall EB quota of 140K for next year. And each category gets its proportional share of the spillover.
2010 Funny quotes about college,
Munna Bhai
11-09 09:21 AM
I am collecting all the documents and I will do premium processing but would like to get clarification regarding the rule.
I heard that " Labour should be filed 365 days before, whether approved or not" and that will automatically allow you to have 1 year extension.
Is this correct?
-M
I heard that " Labour should be filed 365 days before, whether approved or not" and that will automatically allow you to have 1 year extension.
Is this correct?
-M
more...
vikki76
06-17 01:13 PM
Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
hair College+memories+quotes
walking_dude
11-21 11:49 AM
Well, the majority of cubans coming in are families of those US citizens. It's what the antis call disparagingly as "Chain Immigration".
And, if you are missing it, those coming in as refugees are seen as "future vote bank" once they get citizenship. Similar to Bangladeshi immigrants in West Bengal.
And, if you are missing it, those coming in as refugees are seen as "future vote bank" once they get citizenship. Similar to Bangladeshi immigrants in West Bengal.
more...
nit_sea
01-04 11:53 AM
Can someone reply on my question . Please help .
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
hot College-Drinking-Quotes; Funny
glus
04-17 07:57 AM
Hi
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
more...
house college Quotes,endicott
saimrathi
07-02 06:00 PM
There is hope....
Was this your case? Did you get approved in two months? Whats your PD?
Was this your case? Did you get approved in two months? Whats your PD?
tattoo Graduation Invitations Quotes
raysaikat
03-17 03:46 PM
(I am not an attorney)
File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR (EB1_ExtraOrdinaryAbilities_Tips (immigrate2usaorg) (http://bit.ly/dophyK)). I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA?
File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.
I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.
EB1-OR requires the petitioner to hold a tenured or tenure-track position. Research faculties are generally not on tenure-track. "Comparable" positions are eligible, but USCIS might not consider a research faculty position as comparable in an university/dept that does have tenure-track positions.
To answer the original question:
You just need to extend the H1-B status when it is about to expire. You can keep doing that for 6 years without any additional issue. If your stay in H1 status (count both H1-B and H4 days) is going to be 6 years, then you make your university submit an EB2 petition. Once the labor is 1 year old (i.e., the submission date is 1 year old) or you get your EB2 I-140 approved (should be a piece of cake for any university faculty; tenure-track or otherwise), based on the EB2 petition you can keep extending your H1-B status (AFAIK) indefinitely.
File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR (EB1_ExtraOrdinaryAbilities_Tips (immigrate2usaorg) (http://bit.ly/dophyK)). I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA?
File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.
I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.
EB1-OR requires the petitioner to hold a tenured or tenure-track position. Research faculties are generally not on tenure-track. "Comparable" positions are eligible, but USCIS might not consider a research faculty position as comparable in an university/dept that does have tenure-track positions.
To answer the original question:
You just need to extend the H1-B status when it is about to expire. You can keep doing that for 6 years without any additional issue. If your stay in H1 status (count both H1-B and H4 days) is going to be 6 years, then you make your university submit an EB2 petition. Once the labor is 1 year old (i.e., the submission date is 1 year old) or you get your EB2 I-140 approved (should be a piece of cake for any university faculty; tenure-track or otherwise), based on the EB2 petition you can keep extending your H1-B status (AFAIK) indefinitely.
more...
pictures quotes about college,
calaway42
10-04 12:26 AM
another quick question!
"Now create a new layer and fill the selection in with white."
Am i suppose to fill it in with the paint bucket?
"Now create a new layer and fill the selection in with white."
Am i suppose to fill it in with the paint bucket?
dresses quotes College+humor+funny
pappu
08-28 09:58 AM
Could you please review this thread
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html
If you are a recurring subscriber please mail details to info at immigrationvoice.org. We verify each member before adding in the donor forum.
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html
If you are a recurring subscriber please mail details to info at immigrationvoice.org. We verify each member before adding in the donor forum.
more...
makeup Funny College Drinking Quotes
lostinbeta
10-21 06:11 PM
Ummm, A big circle with some poofiness added....lol.
Voila... a dog bed.
Voila... a dog bed.
girlfriend quotes,endicott college
factoryman
06-19 01:31 PM
Don't know what the officer will do. Don't tell me I didn't tell you.
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.
any members planning consular processing in delhi ???
please respond
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.
any members planning consular processing in delhi ???
please respond
hairstyles quotes about college,
immm
08-01 11:18 PM
i disagree, they usually put the date of receipt in there and not the encoded date.
Not true. They usually put the notice date in the online case status and not the receipt date.
Not true. They usually put the notice date in the online case status and not the receipt date.
gc28262
01-29 05:46 PM
How is e-Verify going to affect legal immigrants ?
leoindiano
08-28 03:00 AM
Admin Dudes,
I contributed $600 dollars so far and i have no access to Donor Forums. Please fix this.
Thanks
I contributed $600 dollars so far and i have no access to Donor Forums. Please fix this.
Thanks
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