amitga
10-26 10:27 AM
Hi Seniros
My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
Thank you
Take a five month vacation between now and Apr 30, 2008 and go back to you home country for five months.. Then get you H1 extended for Five month after Apr 30, 2008 till Oct1, 2007. Then apply for extension on Oct 1, 2007. I think this might work. Check with your Attorney.
My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
Thank you
Take a five month vacation between now and Apr 30, 2008 and go back to you home country for five months.. Then get you H1 extended for Five month after Apr 30, 2008 till Oct1, 2007. Then apply for extension on Oct 1, 2007. I think this might work. Check with your Attorney.
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BharatPremi
11-06 12:21 PM
http://immigrationvoice.org/forum/showthread.php?p=192506#post192506
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.
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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ksiddaba
08-22 11:43 AM
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
more...
monika
07-20 09:30 PM
Since we had filed 140 recently. we got e-approval with notice saying actual notice will follow in mail.
Has anyone ever filed with e-approval email printout as initial evidence ?
Thanks
Greg said today that is O.K. A fellow lawyer give him the idea, helping him to answer at one of the FAQ recently posted.
Has anyone ever filed with e-approval email printout as initial evidence ?
Thanks
Greg said today that is O.K. A fellow lawyer give him the idea, helping him to answer at one of the FAQ recently posted.
user1205
08-13 11:48 AM
Why "TSC is far better than NSC"?
NSC sent receipts for some July 2nd already even though it received the bulk of the applications.
Yes, I think the status is for individual applications only - as far as I know.
If it goes with the same pace...then it may take very very long time to clear Jul 2nd - Aug 17th applications (receipt process)...unless they increse man power OR come-up with soem alternatives.....
Anyway TSC is far betther than NSC....
NSC sent receipts for some July 2nd already even though it received the bulk of the applications.
Yes, I think the status is for individual applications only - as far as I know.
If it goes with the same pace...then it may take very very long time to clear Jul 2nd - Aug 17th applications (receipt process)...unless they increse man power OR come-up with soem alternatives.....
Anyway TSC is far betther than NSC....
more...
ameryki
08-12 12:34 PM
Efiled for my wife May 17th to NSC got LIN number. No update so far. Next week will be 90 days.
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indianabacklog
04-17 09:18 AM
Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?
BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:
Thanks again!
Interviews are definitely NOT instant. You have to book ahead and fill the respective embassy forms, pay the fee and take necessary documentation to the interview. The approval notice does allow one to work but in order to enter the country to start the job you need a visa in your passport.
This last message you posted poses another question. You can only get an L visa with a company if you have worked for them for one year outside of the US. How does a person file for a new L1 for a NEW company when they have been working on a previous L visa with that company. The company do the filing anyway since L's are employment based visas.
This whole story is getting more curious.
BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:
Thanks again!
Interviews are definitely NOT instant. You have to book ahead and fill the respective embassy forms, pay the fee and take necessary documentation to the interview. The approval notice does allow one to work but in order to enter the country to start the job you need a visa in your passport.
This last message you posted poses another question. You can only get an L visa with a company if you have worked for them for one year outside of the US. How does a person file for a new L1 for a NEW company when they have been working on a previous L visa with that company. The company do the filing anyway since L's are employment based visas.
This whole story is getting more curious.
more...
sweet_jungle
12-29 08:53 PM
You should try this option, in one of the immigration lawyer's forum they mentioned about this. If you have this you can get 3 yrs extension, that saves lot of moeny and time. It's worth exploring this option. Please share with us, if you are able to succed with this option.
u can use G-639 i.e. FOIA (DOJ) to get a copy of the approved I-140, Labor.etc. I do not know of anyone thats used a I-824.....cos sometimes USCIS also mails a copy of I-140 to the lawyer as well!
I have filed G-639 in May, 2007. I recently got a response that my case is on number 40,000 out of a list of 80,000 cases.
u can use G-639 i.e. FOIA (DOJ) to get a copy of the approved I-140, Labor.etc. I do not know of anyone thats used a I-824.....cos sometimes USCIS also mails a copy of I-140 to the lawyer as well!
I have filed G-639 in May, 2007. I recently got a response that my case is on number 40,000 out of a list of 80,000 cases.
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manderson
08-08 11:32 AM
damn! i have the same issue. will u pls post the answer when u have it.
my laywer doesn't know what to put and my employer is not cooperating!
my laywer doesn't know what to put and my employer is not cooperating!
more...
nogc_noproblem
05-28 02:35 AM
Good thinking Mr. Jacob , being spent thousands of hard earned dollars on these applications and renewals, I agree with you 100%. However, do you think anybody (in the govt) will listen to this? I lost that confidence long back. (I just sent a check for US$ 915 for AP renewal for me and my family, by the way, this is my 3rd EAD/AP renewal process but I never used them till date).
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need_EAD
03-17 11:44 AM
Good News. Great Job Jay.
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10-24 05:41 PM
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samu
04-11 10:20 AM
Planning to apply GC in 2008 jan or sometime will it be fine. that time my H1 completes 4 yrs. How long will it take labour? will it be over by 2010?
once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?
no other solution for this?
pls help me.
once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?
no other solution for this?
pls help me.
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gcadream
12-10 07:43 AM
Its so depressing & frustrating Not to see any movement in EB2 dates. For the past 3 months there had been no movement in the EB2 dates. Every time I open with a hope that something will happen but its the same shit each time.
Don't know when this wait for GC will be over, friend of mine who spend equal or may be less time as me in UK had now got the PR of UK, some who went to AUS, S'Pore got PR within 1 yr and same with Canada...but this US is the only sucking place with screwed up policies which benefits only the business and govts.
Don't know when this wait for GC will be over, friend of mine who spend equal or may be less time as me in UK had now got the PR of UK, some who went to AUS, S'Pore got PR within 1 yr and same with Canada...but this US is the only sucking place with screwed up policies which benefits only the business and govts.
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Green06
09-05 10:28 AM
I am in the same boat. No 485 receipts for me or my wife. Got EAD and AP receipts only for myself. 485 filled at NSC on July 2nd. EAD and AP also filled at NSC but on Aug 15, 2007. I think NSC is still data entering July 2nd cases.
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looneytunezez
04-23 04:44 PM
You have 10 days times after moving into new apartment. See the first line in below application
http://www.uscis.gov/files/form/ar-11.pdf
I understand the 10-day rule, but when does the clock start?
The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.
LT
http://www.uscis.gov/files/form/ar-11.pdf
I understand the 10-day rule, but when does the clock start?
The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.
LT
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Toxic'
May 20th, 2005, 11:59 PM
Well I seem to have run into more confusion...
I've updated the firmware to 2.0 and I'm not sure if its changed the menu in the D70 or not but I was looking up the "exposure bracketing" that you suggested and on page 88 of the manual it shows (in the top image) the "Menu" opened with the (i believe its the Details tab, it has the small pencil), and then it shows the "12 BKT Set" titled at the top... followed by the Flash & Exposure settings below it... My menu doesn't show any of these... infact alot of my menu looks different than the manual since the update, which if I'm not mistaken was one of the updates within the firmware. Only now I don't know where to find what the manual shows.
Toxic'
I've updated the firmware to 2.0 and I'm not sure if its changed the menu in the D70 or not but I was looking up the "exposure bracketing" that you suggested and on page 88 of the manual it shows (in the top image) the "Menu" opened with the (i believe its the Details tab, it has the small pencil), and then it shows the "12 BKT Set" titled at the top... followed by the Flash & Exposure settings below it... My menu doesn't show any of these... infact alot of my menu looks different than the manual since the update, which if I'm not mistaken was one of the updates within the firmware. Only now I don't know where to find what the manual shows.
Toxic'
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Kitiara
10-16 10:27 AM
Well done that man!
morchu
07-24 12:02 PM
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.
1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.
1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters
Tito_ortiz
01-16 11:37 PM
I am afraid the DreamAct folks will just again dig their own graves. That record number will just prove that the change.gov effort is a system which may not attend necessarily needs of Americans, but rather the will of anyone including foreign nationals and illegal aliens. Sorry, just wanted to share a honest reality.
I see that Dream Act folks are trying to get > 60000 points, to showcase their support. We need to match for the posts like Legal Immigration in there. Currently the top posts for "legal immigration" are around 2000 points. Not many ppl are not taking interest.
Please vote up on our causes! Easy job..but please act!
I see that Dream Act folks are trying to get > 60000 points, to showcase their support. We need to match for the posts like Legal Immigration in there. Currently the top posts for "legal immigration" are around 2000 points. Not many ppl are not taking interest.
Please vote up on our causes! Easy job..but please act!
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