Sunday, June 26, 2011

context diagram examples

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    • chantu
    06-19 09:35 AM
    my mom gave up her green card back in early 80's and she has had no problems what so ever in getting vistors visa since then (in fact it made it easier to get vistors visa (for the entire family) because it clearly shows no intention of migrating to US).

    Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D



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    • Berkeleybee
    03-22 04:36 PM
    We have prepared a new document for public release analyzing this problem.

    You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.

    It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.



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    • goel_ar
    08-20 02:12 PM
    it is very easy to get it done. You take money , go to scotia bank branch - there are tons of them there & get it done. Takes about 5 min. only. But go to Canada a day before to avoid any problems.



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    • rjgleason
    October 26th, 2005, 05:09 AM
    I always enjoyed the Hyatt at Embarcadero Center and would probably stay there......If we are talking sometime in December I would hope we could firm up some dates soon so reservations can be made....Example if we made a date for Sat December 10th weekend I would arrive sometime on the 9th and then leave Tuesday 13th or Monday 12th.

    I also may consider a round or two at Peeble Beach/Spanish Bay not to interfere with our weekend, but afterwards.
    NSC I-140 processing times [Archive] - Immigration Voice
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    View Full Version : NSC I-140 processing times



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    • sanu121
    12-22 05:07 PM
    Austin+1

    Count me in.



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    • prolegalimmi
    03-27 08:41 PM
    Prolegalimmi,

    Our team is in contact with NPR. Are you working with sunil on this?

    Thanks,
    Berkeleybee

    No Berkeleybee. I just wrote the comments to the editor, and would like to, and wanted to encourage others to do the same so NPR feels a need to bring this view to the public. There are 300,000 of us affected, if only everyone wrote about this to anyone they could. If I am duplicating efforts, my apologies.


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    • satishku_2000
    07-08 03:18 PM
    Yeah it was on fox news live, This guy Tom Tancredo says people dont have "right to green card". As far as I understand I dont beleive that I have a right to green card and I beleive vast majority people on this forum know that fact.

    Mere submitting AOS application does not guarentee Green card for anyone , If Tom Tancredo has problem with lawsuits for due process he should be more concerned how CIS handled 60000 applications in 12 working days.



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    • gc28262
    12-07 07:29 PM
    I have the same issue.

    Can see the status of I-485s online, but system doesn't even recognize my I-140 LIN#.
    Attorney says that this is fine. Asks to wait for few more months.
    :mad:


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    • apahilaj
    01-15 10:51 AM
    8 months is too much...On one hand, we can not apply for H1 renewal before 6 months of expiration and on the other hand they take more than 6 months to process? Do they purposely want to create more complications here? What a bunch of baboons!!!

    Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!



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    • dixie
    09-25 02:38 PM
    I see no harm in contacting him; but your excitement about Chandrasekharan seems curious to me. When people who have themselves immigrated from India (who now have GC/citizenship) are so indifferent about us, how can you expect a second generation indian journalist to "understand" our problems ? He does not seem to have done any articles on immigration; so there is no objective way for us to say whether he is really sympathetic to us or not.

    Remember that even anti-immigration organizations like numbersUSA have lots of members who are immigrants themselves or have immigrant parents.

    Any comments from Core Team regarding contacting Rajiv ? His parents are immigrants from India,so he will understand the sufferings of legal immigrants !

    I think it is better to contact him.

    Guys...Any comments ?


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    • cox
    October 23rd, 2005, 11:31 PM
    A weekend based in the City? If the weather is good, Marin, Point Reyes, and urban shooting... If the weather is bad, the city museums, food, and entertainment... I'll share my bag of glass ;)



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    • sunny1000
    01-09 09:49 PM
    Can some body help with the below Questions?

    1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
    2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?

    Please reply

    thanks

    It is necessary to update USCIS on your divorce so that you can add your new wife to the GC process.


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    • rockstart
    07-07 08:30 AM
    Is your PD current? Can you post details just wondering in case your PD is not current is USCIS still working on your case and preparing for future.

    I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.

    Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.



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    • Blog Feeds
    12-28 04:50 AM
    The Congressional starter pistol on comprehensive immigration reform (CIR) has been fired skyward with the release of a 644-page mish-mash of proposed changes to the Immigration and Nationality Act that will both please and infuriate pro- and anti-immigration combatants in the Capitol and throughout the land. Introduced by Rep. Luis V. Gutierrez (D-IL), the bill with three names (the ��Comprehensive Immigration Reform for America�s Security and Prosperity Act of 2009,�� the ��Comprehensive Immigration Reform ASAP Act of 2009,��and the ��CIR ASAP Act of 2009��) is the first sortie in the coming Congressional ground war over immigration policy. With the release...

    More... (http://blogs.ilw.com/angelopaparelli/2009/12/cir-asap-an-immigration-hard-slap-to-business.html)


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    • studentoflife
    11-01 03:52 PM
    My employer tells me that he filed my labor on 22nd August (under PERM, EB2 category) but he has not given me any details like what center, etc. I have asked him those details. He just told me that he will get an email once the labor is approved. Its been 2 months and the labor has not yet approved.

    What can I do to find out if he really has filed my labor or not ? and what is the status right now

    any help/ideas will be truly appreciated

    Regards
    StudentofLife
    -----------------------------------
    Keep learning till the end of your life



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    • pappu
    06-16 09:22 PM
    Good comparison. if you have more informatiion, do add to this thread.

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


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

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

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


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


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

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

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


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


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


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

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


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

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


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


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


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


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

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

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


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    • guy03062
    10-20 05:05 PM
    By the way, just out of curiosity - what is "Indochinese Adjustment Act " mentioned in processing time report?

    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications July 04, 2007
    ... ...
    ... ...
    ... ...
    I-485 Application to Register Permanent Residence or to Adjust Status Under the Indochinese Adjustment Act December 01, 2007



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    • kondur_007
    08-04 10:07 AM
    Hey, great example and at a good time.

    This is the second major area that needs a great improvement (first being the legislative changes to increase visa numbers somehow). I can't tell, which one of these two issues is more important.

    Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries.

    Regardless, I am glad to see one more example of "Gandhigiri at work". At least he got his GC.



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    • chanduv23
    01-10 09:13 AM
    We need every member in the tri state area to attend this. Please show your support



    easygoer
    07-07 04:00 PM
    First year generally you do not have to pay advance tax. From second year onwards you have to estimate tax based on previous year and start paying advance tax.



    njdude26
    04-07 11:10 AM
    Are they now allowing to get a H1/H4 stamping done in Canada instead of going back to home country ?


    Posted by Annmarie at 4:11 PM

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