140jibjab
01-11 12:24 PM
You wil need to Update your Biographic information(there is a form # for it) for your I485 application. It is not mandatory. But is adviced to do so. Why are you hesitating to update your I485 to drop your spouse?
US consulate in India will not have the information regarding I485.
Thanks So much for the Answers.
Can you please answer one more Question?
I m not updating the INS regarding the Divorce, when my new wife attaends the H4, she would show the Divorce and Remarried certficate to the Consulate is that good enough so that they would take care of evrything?
Thank you again
US consulate in India will not have the information regarding I485.
Thanks So much for the Answers.
Can you please answer one more Question?
I m not updating the INS regarding the Divorce, when my new wife attaends the H4, she would show the Divorce and Remarried certficate to the Consulate is that good enough so that they would take care of evrything?
Thank you again
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lecter
March 3rd, 2004, 06:07 PM
This is a fine image... Love the grainy B&W look... gives it age...
Rob
Rob
HV000
04-15 10:20 AM
CONGRATS! One more approval from TSC.
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gee_see
04-15 02:22 PM
9 Years, with one employer!!! immmm..
If the employer is good it is ok, what if not?
I don’t know how many of our most productive life time is going to be stagnated because of this GC wait.
Lunch Time (EST), on the lighter note….
Tourists in the Museum of Natural History ...
...were marveling at the dinosaur bones. One of them asks the blonde guard, 'Can you tell me how old the dinosaur bones are?'
The guard replies, 'They are 3 million, four years, and six months old.'
'That's an awfully exact number,' says the tourist. 'How do you know their age so precisely?'
The guard answers, 'Well, the dinosaur bones were three million years old when I started working here, and that was four and a half years ago!'
My employer is horrible to work with. But after hearing horror stories about other consulting companies i decided to stick with known devil... Moreover i did not want to take up permanent job assignment on h1 due to layoff fear...
If the employer is good it is ok, what if not?
I don’t know how many of our most productive life time is going to be stagnated because of this GC wait.
Lunch Time (EST), on the lighter note….
Tourists in the Museum of Natural History ...
...were marveling at the dinosaur bones. One of them asks the blonde guard, 'Can you tell me how old the dinosaur bones are?'
The guard replies, 'They are 3 million, four years, and six months old.'
'That's an awfully exact number,' says the tourist. 'How do you know their age so precisely?'
The guard answers, 'Well, the dinosaur bones were three million years old when I started working here, and that was four and a half years ago!'
My employer is horrible to work with. But after hearing horror stories about other consulting companies i decided to stick with known devil... Moreover i did not want to take up permanent job assignment on h1 due to layoff fear...
more...
jnraajan
07-27 11:29 PM
Since the last action is you came on L1, you can apply for change of status to change from L1b to H1. Once it is approved, you can go back to H1b.
danila
07-27 07:45 AM
Part 6 , Processing Information On Page8 of I-765 Instructions states =>
"Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."
Notice that Interim EAD is for ASYLUM Applicants.
Not true. It is 30 days for the asylum based apps and 90 days for the rest.
"Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."
Notice that Interim EAD is for ASYLUM Applicants.
Not true. It is 30 days for the asylum based apps and 90 days for the rest.
more...
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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anilsal
11-06 10:09 PM
http://www.change.gov/agenda/immigration/
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10-22 04:44 PM
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gcwait2007
09-14 08:09 PM
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.
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.
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amitga
04-15 02:54 PM
There are mainly three things that happen after FP
Wait
More Wait
Endless Wait
Wait
More Wait
Endless Wait
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garybanz
03-09 11:35 AM
thanks all for suggestions
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
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gc_chahiye
08-19 12:40 AM
I have problem with my lawyer too .I found out he made a mistake on my application concerning my information.my employer gave me the password so I checked my status on line.and when I asked him what gonna happen with my application .he were furious and he ask me who told you and he says thats not true.but I saw every thing with my proper eyes .any way he told me that next time if I wana talk to him I have to send him a check of 250 dollar the price of the consultation.then he can answer my question.and he told me that if he wana hurt me he can do it.I don't know what he means.and after I called my employer to tell him about the lawyer .today I foundout that the password for checking the status was changed. here's my story friends .plus my perm is pending for 127 day by now. please guys advice
if you are within 6 years of your H1 change jobs ASAP, you need a supportive employer at many stages in the GC process. As it is the ride is wild and painful, if your employer is also acting smart it can be horrible for you. Jump to a better employer (even if you take say a 10% hit in pay) and restart GC asap.
if you are within 6 years of your H1 change jobs ASAP, you need a supportive employer at many stages in the GC process. As it is the ride is wild and painful, if your employer is also acting smart it can be horrible for you. Jump to a better employer (even if you take say a 10% hit in pay) and restart GC asap.
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GC_LOOKIN
09-11 03:23 PM
Did any one of you receive receipts matching above criteria. I-140 approved from NSC and 485 sent to NSC.
Also respond if anyone is in the same boat as me waiting for receipts and matching above criteria.
I am on the same boat with you, my application was received on July2nd at 9.01 AM(NSC) and signed by R. MICKELS, I-140 was approved from NSC.
No receipts yet and not even the checks have been cashed:mad:
Also respond if anyone is in the same boat as me waiting for receipts and matching above criteria.
I am on the same boat with you, my application was received on July2nd at 9.01 AM(NSC) and signed by R. MICKELS, I-140 was approved from NSC.
No receipts yet and not even the checks have been cashed:mad:
more...
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Dhundhun
04-15 02:52 PM
Practically not much.
If FP is for EAD, one is likely to get EAD soon with fingerprints.
If FP is for GC, it usually gets OK in 2-10 days and then there will be a soft LUD. GC application remains in pending state for Priority Date, Processing Date and Name Check (now there is NC override of six months).
FP is not a bottleneck, except for few cases - they have not received FP notices for the past 8-10 months.
It is expected that Priority Date and Processing Date will be cause of delays
If FP is for EAD, one is likely to get EAD soon with fingerprints.
If FP is for GC, it usually gets OK in 2-10 days and then there will be a soft LUD. GC application remains in pending state for Priority Date, Processing Date and Name Check (now there is NC override of six months).
FP is not a bottleneck, except for few cases - they have not received FP notices for the past 8-10 months.
It is expected that Priority Date and Processing Date will be cause of delays
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saketkapur
12-02 06:58 PM
This in from Ron Gotcher website....I guess they are reading our letters.....
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
We received some very good news over the weekend. In October and November, our office was contacted by a number of adjustment of status applicants who had received denials based on "revocations" of their approved I-140 petitions by former employers. All of these applicants had AOS applications that had been pending for more than 180 days before they left their sponsoring employers. They also had approved I-140 petitions. Nonetheless, vindictive employers in each case attempted to revoke the approved I-140 petitions. The CIS accepted these "revocations" and promptly denied the AOS applications. We were contacted by six different individuals with these types of cases and we filed motions to reconsider in their cases.
Earlier, in September, we handled this type of case and the MTR was granted and the denial successfully reversed. This happened before any of these October/November cases came in or were filed.
I was disappointed to see that the CIS was still attempting to deny cases on this basis. There is absolutely no law to support this type of denial and, in fact, such denials are directly contrary to both statutory law and explicit CIS policy.
I was gratified to see that all six of the MTRs we field in October/November were granted and the denials reversed. I am also encouraged that the CIS accepted our request to reopen the denials of the dependents as well, on their own motion, and spare the pricipal applicants the cost of paying filing fees for MTRs for the denials of dependents' AOS applications.
I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.
__________________
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
We received some very good news over the weekend. In October and November, our office was contacted by a number of adjustment of status applicants who had received denials based on "revocations" of their approved I-140 petitions by former employers. All of these applicants had AOS applications that had been pending for more than 180 days before they left their sponsoring employers. They also had approved I-140 petitions. Nonetheless, vindictive employers in each case attempted to revoke the approved I-140 petitions. The CIS accepted these "revocations" and promptly denied the AOS applications. We were contacted by six different individuals with these types of cases and we filed motions to reconsider in their cases.
Earlier, in September, we handled this type of case and the MTR was granted and the denial successfully reversed. This happened before any of these October/November cases came in or were filed.
I was disappointed to see that the CIS was still attempting to deny cases on this basis. There is absolutely no law to support this type of denial and, in fact, such denials are directly contrary to both statutory law and explicit CIS policy.
I was gratified to see that all six of the MTRs we field in October/November were granted and the denials reversed. I am also encouraged that the CIS accepted our request to reopen the denials of the dependents as well, on their own motion, and spare the pricipal applicants the cost of paying filing fees for MTRs for the denials of dependents' AOS applications.
I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.
__________________
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05-14 07:13 PM
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logiclife
08-20 04:33 PM
Some member has lost the opportunity to file 485 before Aug 17th coz the employer and the lawyer didnt respond and responded after Aug 17th. (How convenient. A lot of employers suddenly found vacation time to take between July 17 and August 17th. Suddenly, between July 17 and Aug 17, the voicemails stopped working and the calls never got returned. Nice. )
The whole thing is here : http://immigrationvoice.org/forum/showthread.php?t=12576
This is something for everyone to watch and learn:
I tried to contact the attorney so badly until Aug 16th, but he never responded. I was able to get hold of him only on Aug 17th. I guess he was directed by my employer so.
The cardinal rule of working with untrustworthy employers is that you need to use ONLY YOUR OWN LAWYER.
The lawyer must be having you as client and also must not have your employer as his client for other cases matters. ONLY then, the lawyer will be working in YOUR interest and not in your employer's interest.
I think people browsing this site by this time, must have learned one thing and I sure have said that a million times.
IF YOU CANNOT TRUST YOUR EMPLOYER 100% THEN YOU NEED TO SHELL SOME $$$ AND HIRE YOUR OWN LAWYER FOR ALL LEGAL MATTERS AND ALL PAPERWORK, FILING, PETITIONING ETC. EVEN H1 RENEWALS.
At the end of the day, between your first day in United States and the day you get your GC, it will cost you nearly 10,000 to have your own lawyer and never use the company-provided free lawyer.
Having your own lawyer means:
1. You pay him, you employ him, he is accountable to you, not your employer.
2. He/she works in your interest, not the employer's interest.
3. If your employer is not co-operating, you will know right away.
4. Your employer would have to come clean and truthful about his intentions of not filing 485. When you have company's lawyer, then the company's lawyer is not going to listen to you. WHY? Because you are not the one paying him. Your employer is.
5. Full transparency and visibility, whenever anything is filed, receipt is issued, RFE comes, reply to RFE goes, etc. With employer's lawyer, you have 0 visibility and you will land in situations mentioned above.
The money you think you are saving with getting a "Free" lawyer is going to cost you much more. The employers are not stupid to provide you free lawyers. The reason they tend to have free lawyers for you is so that they can have total control over your immigration case. Its "Free" for you, but not really. Coz at the end of the day, it costs 10 times more in terms of lost opportunities and delayed immigration. The employers are in the business of doing business and for them, providing you a free lawyer is COST OF DOING BUSINESS because by incurring that cost, they maximize THEIR OWN OPPORTUNITIES to retain you on their payroll for the longest possible time. You may think you are saving money, but this isnt about money.
Its about opportunities and the battle for most opportunities for oneself and the least opportunities for the other guy.
So when you end up spending 10,000 out of pocket on lawyer's fees for H1 renewals, labor, 140, 485 etc, consider that as an opportunity cost.. Just like you need to spend $500 per month on gas and car to be able to get to work, you need to spend a few thousand in order to be able to get opportunities you really want in this country.
One more thing before you go out and hire your own lawyer:
After reading this, if ever you are in search of hiring your own lawyer for immigration needs, make sure that the lawyer has never done any business with your employer. Otherwise it defeats the purpose. You need to ask your new attorney, if he has done or planning to do business with your employer. If he has, or plans to, then dont hire him. Why? Because its obviously conflict of interest. You are asking your lawyer to work in your interest (faster and mistake-free GC filing) and your employer wants to opposite. Its is unethical for lawyers to work for 2 clients with conflicting interests. Also, ask your lawyer before hiring that YOU NEED HIS FULL DISCLOSURE if he plans to do business with your employer. That way, you know that your lawyer is acting in your interest without any possible conflicts. The problem with getting your employer's recommended lawyer is that your employer pays him nearly 50-60 thousand dollars a year in fees, you are a $1000 a year client. Obviously, at the nudging of your employer, suddenly your 485 might get screwed up by your lawyer.
The whole thing is here : http://immigrationvoice.org/forum/showthread.php?t=12576
This is something for everyone to watch and learn:
I tried to contact the attorney so badly until Aug 16th, but he never responded. I was able to get hold of him only on Aug 17th. I guess he was directed by my employer so.
The cardinal rule of working with untrustworthy employers is that you need to use ONLY YOUR OWN LAWYER.
The lawyer must be having you as client and also must not have your employer as his client for other cases matters. ONLY then, the lawyer will be working in YOUR interest and not in your employer's interest.
I think people browsing this site by this time, must have learned one thing and I sure have said that a million times.
IF YOU CANNOT TRUST YOUR EMPLOYER 100% THEN YOU NEED TO SHELL SOME $$$ AND HIRE YOUR OWN LAWYER FOR ALL LEGAL MATTERS AND ALL PAPERWORK, FILING, PETITIONING ETC. EVEN H1 RENEWALS.
At the end of the day, between your first day in United States and the day you get your GC, it will cost you nearly 10,000 to have your own lawyer and never use the company-provided free lawyer.
Having your own lawyer means:
1. You pay him, you employ him, he is accountable to you, not your employer.
2. He/she works in your interest, not the employer's interest.
3. If your employer is not co-operating, you will know right away.
4. Your employer would have to come clean and truthful about his intentions of not filing 485. When you have company's lawyer, then the company's lawyer is not going to listen to you. WHY? Because you are not the one paying him. Your employer is.
5. Full transparency and visibility, whenever anything is filed, receipt is issued, RFE comes, reply to RFE goes, etc. With employer's lawyer, you have 0 visibility and you will land in situations mentioned above.
The money you think you are saving with getting a "Free" lawyer is going to cost you much more. The employers are not stupid to provide you free lawyers. The reason they tend to have free lawyers for you is so that they can have total control over your immigration case. Its "Free" for you, but not really. Coz at the end of the day, it costs 10 times more in terms of lost opportunities and delayed immigration. The employers are in the business of doing business and for them, providing you a free lawyer is COST OF DOING BUSINESS because by incurring that cost, they maximize THEIR OWN OPPORTUNITIES to retain you on their payroll for the longest possible time. You may think you are saving money, but this isnt about money.
Its about opportunities and the battle for most opportunities for oneself and the least opportunities for the other guy.
So when you end up spending 10,000 out of pocket on lawyer's fees for H1 renewals, labor, 140, 485 etc, consider that as an opportunity cost.. Just like you need to spend $500 per month on gas and car to be able to get to work, you need to spend a few thousand in order to be able to get opportunities you really want in this country.
One more thing before you go out and hire your own lawyer:
After reading this, if ever you are in search of hiring your own lawyer for immigration needs, make sure that the lawyer has never done any business with your employer. Otherwise it defeats the purpose. You need to ask your new attorney, if he has done or planning to do business with your employer. If he has, or plans to, then dont hire him. Why? Because its obviously conflict of interest. You are asking your lawyer to work in your interest (faster and mistake-free GC filing) and your employer wants to opposite. Its is unethical for lawyers to work for 2 clients with conflicting interests. Also, ask your lawyer before hiring that YOU NEED HIS FULL DISCLOSURE if he plans to do business with your employer. That way, you know that your lawyer is acting in your interest without any possible conflicts. The problem with getting your employer's recommended lawyer is that your employer pays him nearly 50-60 thousand dollars a year in fees, you are a $1000 a year client. Obviously, at the nudging of your employer, suddenly your 485 might get screwed up by your lawyer.
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HV000
01-15 12:51 PM
$1000 is a lot for Premium Processing and VSC is profiting a lot from this. They are running a business for sure....
Its only extensions which are a long time.
Its only extensions which are a long time.
ivvm
10-07 08:54 PM
My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.
Since your I-94 is already expired, you need to consult an attorney. Assuming that it wasnt expired..you could have re-entered from Canada/ Mexico using your new passport, assuming you have a valid visa, and they would have issued you a new I-94 at the border crossing.
Since your I-94 is already expired, you need to consult an attorney. Assuming that it wasnt expired..you could have re-entered from Canada/ Mexico using your new passport, assuming you have a valid visa, and they would have issued you a new I-94 at the border crossing.
rbharol
01-23 08:16 AM
My lawyer says all I140 needs to be applied in NSC and so he has applied mine at NSC.
Is this true?
Whats the criteria for applying in TSC where the approvals happen in say 2-3 months?
Thanks
All applications goto NSC. They sort and send some to texas. You have to be lucky. In my company among four friends of us, two went to Texas and another two unlucky onces when to NSC. NSC ones are still waiting while other two got approval within two months.
Is this true?
Whats the criteria for applying in TSC where the approvals happen in say 2-3 months?
Thanks
All applications goto NSC. They sort and send some to texas. You have to be lucky. In my company among four friends of us, two went to Texas and another two unlucky onces when to NSC. NSC ones are still waiting while other two got approval within two months.
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