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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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  • Gravitation
    09-11 10:25 AM
    I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
    1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
    2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
    I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.

    Apply for EAD and AP asap.
    If you change your job yourself in less than six months... there may be trouble... but...
    If you get laid-off in less than six months after filing I-485, you'll be fine (GC wise). You'll need either H1B transfer or EAD to work... but you'll not be out of status. After you file I-485, you're a parolee till the final decision on your I-485 application has been made.

    Good luck.





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  • paskal
    07-19 10:34 AM
    keeping everything else aside
    it is likely to be easier to get a residency on ead- choice will be wider
    you have to consider though if it matches "job description"
    you may not be the primary applicant though, on derivative ead- it's perfect

    people on this forum
    please join the iv-physicians group
    see link in my signature





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  • madooripraveen
    03-25 01:59 PM
    On March 12 2009 I got an query on my I-485.
    Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.

    My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.

    I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.

    On Dec'04 2006 I moved to Detroit, started working with different client.

    RFE goes like this.

    The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.

    There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.

    I am still working with the same employer who filed my labor certification.


    Any gurus who can suggest me on the query would be greatly appreciated.



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  • nkavjs
    09-12 10:20 PM
    same situation...

    sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
    pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!

    No news yet.. no checks cashed.. I am still waiting..





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  • pappu
    03-27 12:08 PM
    IV can contact this organization since they have contact with media and have done research on immigration

    http://www.epic.org/epic/board/burnham/

    http://trac.syr.edu/tracdhs/index.html



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  • Heart
    10-09 02:40 PM
    from the immigration rules I got to know that if I-94 is near expiring, then an official from CBP (international airports only) can change it and provide a new one. HOwever, it it is expired, you have to cross border and re-enter to get a new valid I-94.

    I will write more as I get to know.





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  • loudobbs
    09-25 01:09 PM
    My PD is Aug 2003 EB2 so it is current now..

    How do I check if name check has cleared??




    Having 3 days left for your date to be current does not mean much if you are thinking of getting your GC on oct 1. Not everyone gets the GC as soon as the dates get current. Ask people whose dates became current in June. Have you also checked if your name check is cleared?



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  • sri1309
    01-11 09:08 AM
    threat of losing your job is very high..as every prediction says its going to be more bad..

    i come here every hr to see any updates or news... but dont write as not sure what effect can we make..obama is more pressed with economic recovery and more immigrants are not what they want..but still i am optimistic with S9 bill intoduced


    I think we must not just wait for someone to take lead, but we must do it ourselves. We can spread the message to as many as we can. I think spending a few min a day isnt a bad idea afterall to get the attention. I read 500,000 are waiting, but where are the votes, when I login to obama site recently. At the most I could see 160-200 votes for some questions. I told three of my friends who didnt even know that the site existed. Pathetic.
    Unlesss all raise their voices, it will not be heard.. Dont wait for others for templates. Write your own stories, mention we are legal, paying taxes for 5-10 years, long waiting, can buy house, and if denied we can go back with Citizen children, and will return back after 10-15 years when kids sponsor, to consume social sec, medicare, etc.. and that we can create jobs. write ur own story, do mention we are from INdia and Eb2/3.

    Dont feel surprised to hear next week "I am sorry, but company isnt doing very well and we are not getting projects as expected, we like you for being with us for 5 years, but YOU'RE FIRED, in two weeks.. I have no money to pay. You will also loose your medical insurance. And as per law, I must cancel your H1 visa. "

    Yes, now you have enof time to really worry about and bring attention as you dont have a job and money.





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  • looneytunezez
    04-23 04:42 PM
    fittan,
    Thanks for your reply.

    But i dont have any application pending with USCIS.
    My I-140 is pending but that belongs to my employer,correct?
    So I am confused if I should use InfoPass or not.

    LT



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  • ubetman
    08-07 08:40 PM
    Hi guys,

    How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?

    Applying concurrent: 140/485

    present physical location(my present address) state comes under : TSC
    Future job location state comes under : NSC

    Confused...

    Thanks in advance





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  • a_yaja
    12-16 05:45 PM
    Why do you want to get the visa stamped for your old employer (Employer A)? The Chennai consulate will know that you have a newer H1B with a different company. Your attorney is correct in that joining Employer B as soon as returning from India shows false intent. USCIS could interpret that as fraud and you could be putting your GC at risk (this is just an extreme possibility - but anything can happen).

    You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).

    Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.

    Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).



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  • calgirl
    08-06 04:42 PM
    As long as you were married before your 485 got approved, she is fine.
    Follow to join will help her get her GC.

    Congrats btw! Was your NC cleared?

    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006





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  • saratswain
    09-15 03:53 AM
    My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.

    In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.

    Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.

    I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.

    Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.

    My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did

    Applied I-485 in EB3 - (July - 2007)
    Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
    Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
    I-485 Approved on Sept, 2, 2009.

    My advise would be :
    Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.

    Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.

    Regards
    (I am not an attorney)



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  • sprajulu
    07-08 03:15 PM
    Congrates Man

    what is your EB category and PD?





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  • vivache
    10-04 03:21 PM
    Question.
    When I check the website I see this Step 4:
    Does this mean that I first need to pass the documents to the application centre and only then after 3 days can I go to the embassy?
    Can't I just get the date and go to the embassy direct?

    Thanks
    Vivek

    Step 4: You are then required to submit your forms with one recent photograph and documents as per the checklist to any of the application centres in Mumbai, Pune or Ahmedabad.
    Please note: If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance. E.g.: If your interview is scheduled for a Friday, you must submit your documents latest by the preceding Tuesday, provided all days in between are working days. If you are submitting your forms to our application centres in Ahmedabad or Pune, you must do so at least 4 working days in advance. E.g.: If your interview is scheduled for Friday, you must submit your documents latest by the preceding Monday provided all days in between are working days. It is recommended that you forward your documents to us immediately after scheduling an interview.



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  • weasley
    01-06 04:37 PM
    Don't worry about the Red. People are anxious and may be frustrated. I have seen most of your posts. You are polite and friendly and so I gave you green for your post. Also, I wish you get a chance to file your I485 this year.
    I don't know why I received reds for my post, anyways I respect the opinion of members,





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  • like_watching_paint_dry
    03-14 05:09 PM
    Yes. You are in status. Filing for I-485 provides you legal status. If you are without project for too long, transferring H1b might not be an option. But you can work on EAD. You will not be out of status.

    Good luck with your job hunt.

    Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.

    You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.





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  • indyanguy
    08-07 09:31 AM
    Please

    Well, if the employee's qualifications and experience are a match to an approved labor application, why would it not be considered genuine? I understand you being paranoid about LC subs because of the fraud that was involved. To generalize this is however not appropriate.





    manderson
    12-29 07:56 PM
    have you tried filing a FOIA (freedom of information act) request to obtain the 140? i don't know how well u have researched this, but u should talk to a good lawyer.

    Getting I-140 approval copy is not possible.
    I only have case number prinout.
    anyways, it is not a big deal. Worst case, I will get 1 year extension.
    It is not going to deter me from exercising AC-21.





    arihant
    06-01 11:13 PM
    Guys I had started this thread for people who have already filed for I485 and are waiting for a visa number. I am surprised at how this thread has been altered with a poll and the kind of posts people are making.

    purplehazea,

    I started the other thread with the poll. I do not know how the two threads morphed together:confused:



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