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from annualcreditreport.com (this is a site from the 3 credit agencies), you can see all the addresses that your credit card bills went to. So there is a record of where you actually lived in the last 3-5 years.

By the way, by law you are entitled to a free credit report annually. You can get it from the afore mentioned site.

I think you're okay. Hopefully USCIS made a note in their system when your application was first sent and you just needed to correct something. Did you ask your lawyer what he thinks will happen?

My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...

Hey guys,

My MTR was approved almost 3 months ago and my attorney received the MTR approval notice.

The decision was that both mine and my wife's I-485's are reopened.

But its been almost 3 months and online status on USCIS website has not changed yet......

Does anyone noticed the same situtation with their MTR approval and no online status change?

- Prince

Hi Prince,
Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
Thanks,

Hi

If i requre tha exp letter for i-140 stage then because my employer wont give that....can the client exp letter where i was working from day 1 work..also i hope i can get that from my projet manager and director at client...will this suffice?

If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before you visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.

I hope this helps and good luck on your green card pursuit...

Labor has to be pending 365 days and not 180 days to get a one year extension.

No, if you had H1 before (in 6 years) you are not subject to cap.

If you don't have 1 year gap. otherwise you are subjected to.

Which service center your case is in ?

Hi,

My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.

Any idea how to get insurance for her ?

Really appreciate your help ..

Regards.

Yup, unfortunately, pregnancy is considered to be a pre-existing condition which is automatically disqualified by most insurers. Obama's healthcare would remove this sickening clause, but until then your options are (1) keep trying until you find an insurer willing to pay for the expenses or (2) fund it out of your own pocket or (3) deliver the baby in your home country.

I would go for #1 or #2.

Take it as a compliment. There is nothing wrong in what Joe Biden said. If you watch the last second of the video, Joe has both his hands on the Indian guy's shoulders and I'm sure he must have said good things after that as well.

I have a word of advice for you. Don�t use TOI (Times of India) style headlines to mislead people into reading your post. If you are one of those Indians who has an innate desire to look at everything with a shade of pink glasses you should reconsider living here. Airlines don�t fly one way from India to US. You can always take the flight back home. 16-hour workdays, a fantastic work life balance, and all basic amenities await you in the land of kamadhenu (the sacred mythological cow that gave the Hindu Gods everything they needed for a happy life)

Hey I got my receipt last Saturday and have FP scheduled on Oct. 3 at Newark. Call USCIS and check for FP notice.



Hello Guys,

Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.

I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.

Thanks.

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.

Glad you got in touch with Jay (logiclife). I will let him respond to these questions.

Thanks,
Berkeleybee

http://picasaweb.google.com/niloufer78/DFWDiwaliMela2007

Prashanthi was there on chat for 30 min and as no one turned up to ask questions she left. She will be available for chat every Thursday at 9.30 PM EST.

You may want to remind people in the day about the chat. Once it happens regularly, people will remember.

Thanks for all your replies!

My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.

I was holding H4 visa before I started using the EAD.

Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.

I definitely want to speak with an attorney so Gus I will PM you.
I certainly hope that my interpretation is wrong and that you are not in violation.

Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.

RoseBall,, here is my query..Please answer


I got RFE on 140 asking

all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.

Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.

and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.

I am still fearing how do USCIS take in to consideration when they finalise the case.

Do you think all these are substantiate my case , or they may come with another RFE or denial..

Please advise me what I want to do, I haven't submitt my case yet.

Thanks

Has your experience via Delhi been any different (better/worse) than Bombay...mostly in terms of harassment by customs officials etc?

Per Murthy EAD will be ganted only for one year if I-140 has not yet approved.

An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.

RD is Jun 1st 07, ND is Jun 7th 07 - TSC