ArunAntonio
07-09 02:57 PM
The core IV objective is "The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. "
and that is exactly what this effort is about. It is a different and fresh approach. This is a grassroots effort which aims at educating and making people aware of our problems. what is it that you dont agree with this approach?
I agree. There is no point in this. I am really afrid that we are moving away from core abjective of IV. why we are getting inthis fiasco, there is no value in this
and that is exactly what this effort is about. It is a different and fresh approach. This is a grassroots effort which aims at educating and making people aware of our problems. what is it that you dont agree with this approach?
I agree. There is no point in this. I am really afrid that we are moving away from core abjective of IV. why we are getting inthis fiasco, there is no value in this
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saketkapur
09-29 07:44 PM
4. NEWS
(a) DHS Releases Nonimmigrant Admissions Statistics: 2007
DHS released statistics on nonimmigrant admissions to the United
States in 2007.
http://www.ilw.com/immigdaily/news/2008,0930-nonimmigrants.pdf
(b) Congress Passes Religious Worker Extension
Congress passed religious worker program extension.
http://www.ilw.com/immigdaily/news/2008,0930-s3606.pdf
(c) Congress Passes Conrad 30 Extension
Congress passed Conrad 30 program extension.
http://www.ilw.com/immigdaily/news/2008,0930-hr5571.pdf
(a) DHS Releases Nonimmigrant Admissions Statistics: 2007
DHS released statistics on nonimmigrant admissions to the United
States in 2007.
http://www.ilw.com/immigdaily/news/2008,0930-nonimmigrants.pdf
(b) Congress Passes Religious Worker Extension
Congress passed religious worker program extension.
http://www.ilw.com/immigdaily/news/2008,0930-s3606.pdf
(c) Congress Passes Conrad 30 Extension
Congress passed Conrad 30 program extension.
http://www.ilw.com/immigdaily/news/2008,0930-hr5571.pdf
chanduv23
11-02 06:39 PM
It shows that the interpretation of law is not same everywhere.
some people get it easily and some dont. Bridgeport, CT DMV is very crowded most of the time and tough to get things done. There are a lot of people of a kind that come there and it is tough. you must try Westport etc kind of areas next time.
yes, there was so much difference between Bridgeport and Hamden. Eventually I got it for 5 years though I had just 1 year extension on my H1b. I am now in NYC and have to get NY license and just to play it safe , am planning to get the license when I get my h1b 3 year extension which will be applied sometime beginning next year.
some people get it easily and some dont. Bridgeport, CT DMV is very crowded most of the time and tough to get things done. There are a lot of people of a kind that come there and it is tough. you must try Westport etc kind of areas next time.
yes, there was so much difference between Bridgeport and Hamden. Eventually I got it for 5 years though I had just 1 year extension on my H1b. I am now in NYC and have to get NY license and just to play it safe , am planning to get the license when I get my h1b 3 year extension which will be applied sometime beginning next year.
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TomTancredo
01-15 06:26 PM
I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.
I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
I think this is a wrong forum . you might want to get in touch with NRA (most of the members of NRA are very conservative ) .... They might help you or make you a plaintiff in a lawsuit.. Supreme court may very well favor you given their recent second amendment rulings :)
I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
I think this is a wrong forum . you might want to get in touch with NRA (most of the members of NRA are very conservative ) .... They might help you or make you a plaintiff in a lawsuit.. Supreme court may very well favor you given their recent second amendment rulings :)
more...
coolvigo
07-09 01:18 PM
FOlks,
All those who have not send the flowers....please do so.....
Aaj nahin uthogey toh kab uthogey....
JUST DO IT !!!!
All those who have not send the flowers....please do so.....
Aaj nahin uthogey toh kab uthogey....
JUST DO IT !!!!
saimrathi
08-27 12:04 PM
Recd by "Hindera".. No checks cashed yet.. No RN.. more info in signature...
more...
Sree Swathi
04-21 01:48 PM
thanks bugsbunny
they are doing that now...
i become very sad every time i send them back to india....they don't want to leave me.....
i want them to stay with me forever.
6 moths shuttle too hard for them.
they are doing that now...
i become very sad every time i send them back to india....they don't want to leave me.....
i want them to stay with me forever.
6 moths shuttle too hard for them.
2010 Un ejemplo de Curriculum Vitae
BharatPremi
10-05 10:31 AM
Those are lolipop to kids. Do not keep much hopes. It seems to be the strategy to cover more election fund from corporate America.. I see this as political game for funding. On first link only honest statement I could locate was from Ms Lofgren "Some names on there have never been allies on immigration reform," Lofgren said. "I'm glad to be surprised."
more...
ashkam
12-31 02:30 PM
I find your ideas illogical, but I respect your opinion. Those who seek God will find Him.
If you deny facts, however, the facts do not change because of your opinion. People once believed that the Earth is flat.
You cannot deny that the American nation was found by those who where seeking religious freedom. Also read biographies of G. Washington, A. Lincoln, J. Adams and other founding fathers. They were sincere believers. I cannot explain America's greatness by simple luck. The founding fathers started builidng from scratch about 300 hundred years ago, far behind Europe and Asia. Now the US is the richest country in the world, despite the fact that it's neither the biggest nor the most populous.
As for your questions, I cannot prove that God exist, just like you cannot prove that He does not. Either way, it's a belief. I chose to believe in God.
God is the omnipresent, omni powerful spirit who fills the universe. If you want to know more, just ask.
The question isn't whether God exists, the question is, how probable is God's existence and since it is extremely improbable, it would be a mistake to assume his existence. Read Dawkins for more information.
Also, your revolutionary war anecdote appears to suggest that God is American. Why is the rest of the world worshiping him then?
If you deny facts, however, the facts do not change because of your opinion. People once believed that the Earth is flat.
You cannot deny that the American nation was found by those who where seeking religious freedom. Also read biographies of G. Washington, A. Lincoln, J. Adams and other founding fathers. They were sincere believers. I cannot explain America's greatness by simple luck. The founding fathers started builidng from scratch about 300 hundred years ago, far behind Europe and Asia. Now the US is the richest country in the world, despite the fact that it's neither the biggest nor the most populous.
As for your questions, I cannot prove that God exist, just like you cannot prove that He does not. Either way, it's a belief. I chose to believe in God.
God is the omnipresent, omni powerful spirit who fills the universe. If you want to know more, just ask.
The question isn't whether God exists, the question is, how probable is God's existence and since it is extremely improbable, it would be a mistake to assume his existence. Read Dawkins for more information.
Also, your revolutionary war anecdote appears to suggest that God is American. Why is the rest of the world worshiping him then?
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Michael chertoff
12-30 08:49 PM
I always loved this board for what it does - especially the Gurus who always spend their precious time giving input to member's queries. Well... this is not query. I just want to vent my frustration, helplessness to fellow friends in this board. In spite of graduating from a reputed univ with a Masters and very good GPA and also having 7 years of professional experience, I am bound to be a slave to my current Employer without any promotions, career growth or anything remote to that for next (God knows how many Decades) several years. ppl who are junior to me in every aspect are growing left and right and are also getting brighter opportunities. I dont care if you guys think I am jealous of them.... But does God really exist ? sorry for wasting your time with this depressing note. I guess there is a limit to how unlucky I can be !! call me a cry baby but I am one real unlucky individual !
How old are you my dear friend?
MC
How old are you my dear friend?
MC
more...
reddymjm
10-07 02:19 PM
What do you mean by priority dates were added?
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vsbalaji
05-24 09:22 PM
Guys,
We need a volunteer from the NY 12th Congressional district to participate in the lobby day in Washington DC. This district covers parts of Manhattan, Queens, and Brooklyn.
Please use The U.S. House of Representatives - Determinig Your Representative (http://www.house.gov/zip/ZIP2Rep.html) to find out your district and also your representative.
This is very important. You can contact the tristate chapter representative or you can PM me here.
Thanks
Bala
We need a volunteer from the NY 12th Congressional district to participate in the lobby day in Washington DC. This district covers parts of Manhattan, Queens, and Brooklyn.
Please use The U.S. House of Representatives - Determinig Your Representative (http://www.house.gov/zip/ZIP2Rep.html) to find out your district and also your representative.
This is very important. You can contact the tristate chapter representative or you can PM me here.
Thanks
Bala
more...
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belmontboy
02-15 12:36 PM
Can you please name those companies for the benefit of everyone...
Isn't law abiding employers and visa abusers not enough to make a distinction???
It has just started, wait for a couple of months. Then you will get a long list :D
Isn't law abiding employers and visa abusers not enough to make a distinction???
It has just started, wait for a couple of months. Then you will get a long list :D
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ps57002
09-23 01:11 PM
it's working now...the link
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unitednations
04-20 12:11 PM
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from you.....one from your eb3 application and two from your high risk eb2 application which will eventually be rejected.
This is a very simple assessment.
These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from you.....one from your eb3 application and two from your high risk eb2 application which will eventually be rejected.
This is a very simple assessment.
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f_b_2007
07-19 01:06 PM
EB2-NIW, Fedex July 2nd 10:30AM NSC (concurrent filing 485/EAD/AP) was current in June.
No news yet.
No news yet.
more...
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bikram_das_in
08-05 12:18 PM
Here is a different translation
Justaju jiski thi, usko to na paya humne..
I did not get whom I craved for.
Is bahane magar dekh li duniya humne.
In pursuit of my craving, I experienced true world and life.
Roughly it translates to;
Justaju jiski thi, usko to na paya humne..
The person/object whom I was desiring to get it, not achieved it,
Is bahane magar dekh li duniya humne.
Due to this desire, atleast I have seen the world in its true colors
Justaju jiski thi, usko to na paya humne..
I did not get whom I craved for.
Is bahane magar dekh li duniya humne.
In pursuit of my craving, I experienced true world and life.
Roughly it translates to;
Justaju jiski thi, usko to na paya humne..
The person/object whom I was desiring to get it, not achieved it,
Is bahane magar dekh li duniya humne.
Due to this desire, atleast I have seen the world in its true colors
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oguinan
11-08 11:35 AM
The election results are ultimately good for us and our prospects for immigration reform in the new year. Despite the best efforts of our friends on the other side of this issue, immigration did not become a major issue in this election. No candidate won or lost because of their position on immigration alone. This is partially due to the fact that the president has recently signed the bill to build a wall on the southern border. With such a clear, physical, image of immigration enforcement in place, no reasonable candidate could ask for a more strict immigration law.
The president has argues for CIR since his campaign in 2000. We know that our specific issues have strong support amongst both parties as evidenced by the fact that many or our requests were placed in the Senate immigration bill and passed without debate.
At this point, The President and Congress will want to pass any laws that they can agree on - particularly if both sides can claim it as a victory for their core values.
Nancy Pelosi is my representative here in San Francisco and I have spoken with her immigration field reps. a number of times. From my discussion, my impression was that immigration reform is something that Rep. Pelosi wants to work for. She is less aware of our specific issues than she should be. This is something that we need to work to change in the short term.
I'm feeling hopeful and energized after the election - here's hoping for a positive start in the new year!!
The president has argues for CIR since his campaign in 2000. We know that our specific issues have strong support amongst both parties as evidenced by the fact that many or our requests were placed in the Senate immigration bill and passed without debate.
At this point, The President and Congress will want to pass any laws that they can agree on - particularly if both sides can claim it as a victory for their core values.
Nancy Pelosi is my representative here in San Francisco and I have spoken with her immigration field reps. a number of times. From my discussion, my impression was that immigration reform is something that Rep. Pelosi wants to work for. She is less aware of our specific issues than she should be. This is something that we need to work to change in the short term.
I'm feeling hopeful and energized after the election - here's hoping for a positive start in the new year!!
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samcam
10-10 03:42 PM
Here is what I dont understand..
245(i) cases are supposed to be hindering forward movement of EB3 cases because of Apr 2001 deadline. I would guess that majority of those cases are from Mexico (I am sure there are some from India as well). Now if that is true, then how come Mexico dates have moved to the month of May 2001 while India EB3 is stuck in April 2001 for the last so many months?
Just wondering..
245(i) cases are supposed to be hindering forward movement of EB3 cases because of Apr 2001 deadline. I would guess that majority of those cases are from Mexico (I am sure there are some from India as well). Now if that is true, then how come Mexico dates have moved to the month of May 2001 while India EB3 is stuck in April 2001 for the last so many months?
Just wondering..
aadimanav
07-18 11:13 AM
Please try the following websites
http://www.visi.com/juan/congress/
http://directory.usayfoundation.org/
Thanks,
I am planning to send letters in regular mail. What is the best address, senators local address or DC address. Any suggestions?
http://www.visi.com/juan/congress/
http://directory.usayfoundation.org/
Thanks,
I am planning to send letters in regular mail. What is the best address, senators local address or DC address. Any suggestions?
EkAurAaya
05-14 05:20 PM
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
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.
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
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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