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rkp27

07-11 12:02 PM

Hello friends,

My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.

What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?

Appriciate your thoughts...

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santosh08872

02-24 07:30 AM

Hi,
I am on H1B and applied my I485 in 06/2007 with PD of 07/2002 EB3 India. Currently my H1B is valid till 11/2009. My employer wants to revoke my H1B and continue on EAD.There is a RFE on my case and according to my employer, USCIS have asked my employer, whether they still have the position opened or not, along with my job duties etc. I am on project so job side no problem.

Do you people see any problem revoking the H1 at this stage?

Thanks
Santosh

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Flashbaby1010

10-27 12:04 PM

I didn't see my post listed. Here's a link to the thread
http://www.kirupa.com/forum/showthread.php?p=2511972#post2511972


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eb3retro

09-12 10:40 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!


hi maru, welcome to IV. think abt joining IV in the DC Rally? Would you?

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imind

03-12 03:37 PM

If anybody who already done/experienced any of above cases, please advise on all above quetions with all options/possibilities. Your great experience helps lot of people like me. Please advise.

Thanks.

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Can2004

10-08 08:26 PM

H1B, AOS pending @ NSC(PD- Sep 2004, 485 RD - 08/17/2007).
Yes, I responded in march of this year.Few LUD's in July and Aug but no GC.

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chanduv23

01-10 09:13 AM

We need every member in the tri state area to attend this. Please show your support

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mhathi

03-20 12:14 PM

What EndlessWait meant was, more the number of employees in a small company, the chances of RFE with ability to pay will be higher...

Overall true, just one clarification... More the number of employees that have applied for a GC, chances of RFE are higher.

Am I correct?

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sujijag

08-27 05:50 PM

We got 2 year EAD too, with 140 pending for more than an year :(

I don't see any USCIS link pointing what Murthy & Co says. Probably its her own assumption.

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pom

10-15 01:08 AM

Looks great, No-tec. I'm 100% impressed.

pom :smirk:

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raajpagare

07-13 05:14 PM

I have taken filights to Indore from both Mumbai and Delhi. There is not much difference per say, both of them provide you the shuttle to domestic airport. The delhi shuttle takes slightly longer (like 10 mins more). Both places have good facilities to wait too.

So I guess take whichever is cheaper.

One important point to remember though is that if you are travelling in Dec and Jan, Delhi does get a lot of fog and flights get delayed. So if your domestic flight got delayed, you might the international one or if the international one get delayed then you might be stuck in delhi for a while. I got stuck there for a day (although the airline provided nice accomadation).

So if going in Dec or Jan, choose Mumbai.

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royus77

06-22 06:52 PM

HI,

Iam also sailing in the same boat.i want to change my maiden name to married name now.Just about to file for i-485.My concerns and doubts are :-

- I need to send it by mail to sanfransisco and what if it gets delayed?
-Will name check be done on two names(married and maiden) and endup in delays and pending of my application?
-All my certificates,recent affidavits till now show my maiden name.But i got written in my son(usa born)'s birth certificate with married name as last name and maiden name maiden name itself.So will that create a problem?...

So with the above issues,can anyone suggest me if i can wait till I-485 approves or it doesnot matter if i change it now?If i travel to sanfransisco and visit consulate general in person and apply will they issue the new passport within the same day??

Awaiting for ur golden responses,
vaishu

If i were you,I will prioritize what i want ?Filing 485 or a Married Name.If you want to change your name it can be done on any day after getting the GC ,after becoming a Citizen.

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chi_shark

10-08 10:43 AM

not website... just the category... thanks for your opinion...

also, title leaves the possibility that the content talks about a creative new business idea... or some creative twist in interpretation of law...

I see nothing wrong with this topic at this website. We had a lot of pressure on GC. The bad economy just made our life worse. We need some high spirit.

And the title clearly indicates that it is not about any specific immigration issue. People don't have to click when not interested.

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unbreakable

03-17 09:45 AM

All,
I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?

I will let you guys know what was requested in the RFE as soon as I get it.

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pappu

06-16 09:22 PM

Good comparison. if you have more informatiion, do add to this thread.

COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.

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WeShallOvercome

11-01 02:16 PM

Couple of questions : I am planning to apply for EAD . I have already filed 485 on July 2 and got receipt no.s .

1. where to file : Here is the catch when filing 485 i am in IL and later moved on to CT. I have updated all addresses etc to CT and everything fine. Since i was in IL for 485 I applied to NSC now i am in CT and here it is VSC for form EAD. So where should i send my application to NSC or VSC?

2. Efile or regular : which is good efile or regular filing. I filing myself and requested attorney's view he said he would prefer normal way as its better and i can see checks cashing and make that a proof of receipt in case of reciept notice lost.

Need ur views.

I think you should file where your I-485 is pending.
I filed my paper-based EAD application last friday and already got receipt number from the cashed check.

The address I used is:

USCIS
Nebraska service center
PO Box: 87765
Lincoln, NE
68501-7765

If you e-File, you'll have to go for another fingerprinting appointment, which I wanted to avoid as the ASC is 30 miles from my place. Wasting half a day just to get receipt a few days sooner didn't make sense to me. I got the receipt number within 3 working days anyway.

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ken

04-10 01:57 PM

Then its possible.. depending from where GC was filed...

Call them and lets us know what you find out...


No my employer is not florida based

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thomachan72

05-19 02:12 PM

Most of us might not be working for contractors / body shoppers like this but it is definitely for our own good to investigate these incidents in detail. We have to somehow find out the grounds on which these individuals were deported.
If these are the result of FEAR or "imagining" that their entry will result in US job losses then it is "utter ludicrous and idiotic". In fact the opposite is true. The pseudorecovery that we are seeing now is not genuine. The basic thing that has to happen is reduction of wages and increased availability of qualified people here.
Again we have a saying in "malu", "There is no point in chanting vedas into the ear of a buffalo that is taken to be slaughtered". If only they realize that admitting more qualified people will stabilize the wages and prevent offshoring.
I am upset not at these deportation but at the "idiotic" thought behind them; "keep them out and we can have more jobs and better pay"

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shana04

12-31 01:54 PM

If you had bothered to search these forums you would have got your answers in 5 minutes. However its just easier to ask something and sit there waiting, right? instead of reaching out, researching a bit?

Now that someone has answered your questions, would you consider atleast contributing (http://immigrationvoice.org/forum/showthread.php?t=15905) to IV? The same questions you have asked here, if you ask some of the good lawyers, would have cost you $300!

Please do not hurt any ones feelings and sentiments (think about your self in that situation and then answer.

People come to IV because they think that there are some good people who would suggest and help.

And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.

And IV is an org and it at their wish and will of individual whether to contribute or not.

so please do not force any one.

Good luck to you.

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eb3_nepa

08-14 04:16 PM

never though i could get so much experience with neurosis (mine and everyone else's) in a such a short time...guess i should thank USCIS- and apply for EB1 as a international expert :D:p

Paskal maybe you should call up USCIS NSC and ask them the names of all their Mail room clerks. Tell them ur calling on behalf of Homeland security!:p

Then call up UPS, USPS, DHL and Fedex to get the common times when the delivery trucks stopped by NSC to drop off applications and threaten to sue them if they dont give u exact details of number of applications dropped off with each delivery. Once again tell them its a matter of national security!!

Finally create a POLL of Delivery Times v/s Mail room clerk and combine all threads. ;)

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minimalist

05-21 10:55 AM

For EAD ,the documentation is pretty simple and straightforward.
Please goto USCIS site and take a look at I765 form and the associated instructions. Once you spend 15 minutes on that, you will have most questions answered yourself. For the ones you have doubts, please post back.
Thanks

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