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  • chandrajp
    08-15 03:26 PM
    I sent back a new I-693 form along with TB testresult (thru USPS). USCIS received the document on 08/14.
    Today (08/15), I got a mail with contents
    "Current Status: Response to request for evidence received, and case
    processing has resumed"
    Do you have any idea, how long it will take to approve the 485 after they receive the RFE documents.
    Do they still continue to approve the cases after Aug 17th?

    I got an RFE for the latest employment letter. After I sent the required documents, in about 8 days I got approved. I'm hoping yours should be close




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  • singhsa3
    07-12 02:03 PM
    Do you know which thread? I tried some searching but I found a poll but not the details of 485 that were rejected
    Misha,

    There is already a thread for this topic, please don't open new threads it hard to follow all these new threads. If you don't find it PM i will send it to you.

    Thanks




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  • Desertfox
    10-30 08:33 PM
    is it from the receipt date or notice date?

    It starts from the receipt date, and USCIS confirmed it multiple times in their receipting update on the website.




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  • coolpal
    06-30 12:58 PM
    so far, I have heard about at least 30 cases over the internet including one personal case (my wife's) and all of the cancelled appointments seem to be either on 7th, 8th or 9th july. (My wife had it on 8th and got a cancellation notice with the same date which was delivered yesterday...)

    From forums, it appears that, a few of them already got their rescheduled notices, and some got the new date after calling... either way, I guess the above info seems to be true..... worst case scenario, if you don't get rescheduled notices (or dates by calling) by your appointment date, just go to the ASC. I know it's a pain... but I just don't want to give them a chance at denying and don't want to go thru all that hassle...

    pal :)



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  • 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




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  • potatoeater
    05-10 04:10 PM
    Sorry. I may be mistaken. May be it is the other way round. Try firefox then.

    Actually I am using IE.

    Thank you

    Indira



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  • cal97
    08-16 12:51 PM
    The original post was from 2006, ignore it. Thanks for the detailed information

    [QUOTE=gene77;147991]I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.




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  • priti8888
    01-08 06:02 PM
    PD has nothing to do with approval and neither does biometrics. Once you have the reciept date of I-485 that becomes crucial. If that is after what USCIS is procesing then you have to wait like me :).

    You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.

    Not true-Again..When PD is current, case is approved based on RD.But PD has to be CURRENT.



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  • krishna_brc
    10-27 09:29 AM
    We are able to get the OCI for our minor kid back in 2006 when there was no restriction on at least one parent to be non-Indian.

    We were able to use the OCI card for couple of visits to India – no issues at the immigration ports.

    Now it is time to apply for misc. services (due to the renewal of US passport). New rules imply that my kid is not eligible to renew the OCI card. CGI Chicago doesn’t have any information on this and they are not responding to emails and phones. After researching a while, I found the following from the the CGI – Edinburgh: “Minor PIO children whose both parents are Indian nationals or if one parent is an Indian national and the other is ineligible for OCI, are not eligible for registration as OCI. Such minor OCIs who are already issued with OCI cards are not eligible for services under OCI Miscellaneous services. “

    I would like to know if anyone had a similar experience. Appreciate your inputs.
    Project_A

    Below is the answer that i got from Chicago Indian Embassy

    " OCI new/renewal will NOT be issued for US born children whose parents are of Indian Origin"

    So had to go with PIO for my baby.




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  • rsdang
    11-20 10:53 AM
    http://cli.gs/De4Z4u

    BTW, what's scary about this memo..

    Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.

    Are we missing something?

    I wish Nebraska did this too and for all forms not just I-140...



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  • aamchimumbai
    05-17 03:11 AM
    How long did i take for you to get the vaccinations ? I mean were you done in a day.

    Thanks


    I just posted another alternative to saving on the vaccines:

    http://immigrationvoice.org/forum/showpost.php?p=87048&postcount=20

    Basically, if your county health dept has a program, they can give you vaccinations for dirt cheap prices. I paid only $10 per person for Td & MMR :)




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  • vegasbaby
    02-23 12:52 AM
    Hi,

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.

    Thanks.


    Well, yes you can certainly abandon H-1 process & come back on EAD/AP. However, I would try some other consulate first like Hyderabad or Delhi. I believe since you have gone for H-1 extension, you can go to pretty much any consulate in India.

    My friend was issued a yellow form 221g or something @ Toronto Consulate. He went to Delhi & got his visa stamped. No questions asked.

    But you should wait to check if its PIMS delay. PIMS delays are generally resolved in 2 -3weeks.



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  • Akia
    03-25 08:48 AM
    Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).

    You must also look at the "actual wage."

    Elaine, thank you very much for the information. Can I ask for one more favor? Where can I find the memo or official document regarding the "filing fee -- actual wage" issue?




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  • meridiani.planum
    07-22 12:32 AM
    inline....

    Hi,

    I had applied for H1 for 2008 from two different employers.Both got approved.

    you are one lucky dude. when you get to the US go to las vegas and try you luck there :)

    Now my concern is ,
    1)would there be any problem during the Visa stamping?

    no. there is no law against 2 h1s. Any problems you might face would be related more to your qualifications, the company that is sponsoring you etc.

    2)What should i do to other visa ,which i will be not using?

    ignore it, it does not matter

    3)How should i approach the employer whose employment i will be not accepting?

    wait for your visa stamping to come through with one employer, then inform the other one that you wont be able to accept his job offer

    4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?

    signing the offer letter is also not too late to switch employers (though its bad form). See which company is better based on other things:

    - is one a regular company with a job already for you and the other a consultant who still has to place you

    - where are the offices? Is one in the big hubs like silicon valley, new jersey/new york, austin, dallas, phoenix etc? Is it in a place where the standard of living might be hard based on your salary (1bed apartments rent range anywhere from 200 bucks to 1200 bucks depending on whether you are in arkansas or bay area). Is one in a place where the weather might be too harsh for you.

    - what is the profile of the two employers (which one is more reachable, friendly)? If both are consultants, which one is bigger, with a better client list.

    - salary, benefits of each of them.

    all in all, even if you pick teh 'wrong' employer, you can always come here and then change...



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  • chem2
    08-29 10:14 PM
    PAR: parolee




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  • neerajkandhari
    06-05 05:28 PM
    I think when Immigration asks for the proof of employment you have to provide a letter that some one is ready to Hire you if do not have that job offer you are pretty much done (485 will be rejected)
    So its all about timing if you are asked to prove your future employment and if you dont have that letter that time your 485 will be rejected



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  • eb3_nepa
    07-23 12:08 PM
    ya , in ur words agents

    raju_abc. With all due respect to new members.

    For one, where you should work is up to you and this forum is NOT the place for questions like, what location is the best to work at.

    Secondly, do you realize that you have wasted a perfectly good H1B visa that someone else could have obtained?




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  • sunofeast_gc
    11-07 02:17 AM
    I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?

    Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?

    if you don't inform in advance and incase your old employer inform them , who will get REF..... everthing seems unclear to me as far AC21 is concern...

    any authentic document on AC21 releated to job change and promotion?




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  • karmika
    12-12 11:18 PM
    yawn.




    gcformeornot
    02-01 09:28 AM
    Friends,

    Need help and suggestion.

    To my surprise, today I got a electricity bill from Nov11 2008 to Jan23 2009 a total of :mad::mad::mad:$979.00 :mad::mad::mad:

    I leave in a single bed room ground floor 785 Sq ft.

    I have called the customer service for dispute and investigation.:mad::mad::mad:

    Has any one encountered this kind of problems with electricity department. please enlighten !!!

    :confused::confused::confused:

    gas or electric? If its electric then considering record cold months of Dec and Jan..... .... don't know..... still looks on high side.....




    johnnybhai
    11-19 02:10 PM
    You can print the forms and make the changes. I had done this June this year when I had to change the issuing office. No problems at all.

    About the drafts, you have to make separate drafts - one set for each applicant.

    The fees payable at HDFC Bank per passport are: -
    1. Visa Application Fee (MRV Fee): $100 in Indian Rupee equivalent at consular rate of exchange. Rupee amount at current rate of exchange (Rs. 40/-) is Rs 4,000/-
    This fee is payable in cash or by DD/HDFC Bank cheque favouring �US Embassy - Visa Fees�. DDs issued by cooperative banks are not accepted.

    2. Service Charge: Rs.322/- which includes VFS� service charge Rs310/- & Bank service charge Rs12/- (inclusive of Service Tax @ 12% and Education Cess Tax @0.36%)

    This fee is payable in cash or by DD/HDFC Bank cheque favouring �HDFC Bank a/c VFS�. DDs issued by cooperative banks are not accepted.



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