Hi to all, what do you think is less risky and much faster to get an immigrant visa (green card) - consular processing or adjustment of status?
There are a lot of different opinions about this. Can I know your view as well specially to those who have experience in either of the two?
My view, though I don't have actual experience as of yet, is that adjustment of status is much faster and less risky than consular processing but one has to possess a non-immigrant visa to do it.
I've looked at the processing time of Nebraska and Texas Service Centers, which handle I-140 and I-485 (adjustment) applications, they are already processing cases applied four months ago. Another advantage of adjustment of status is that we can file for Employment Authority Document at the same time. EAD will be processed within three months else you have the right to get an interim EAD, a one-day walk-in processing. Once you have an interim EAD, you have the right to get SSN, available after two weeks.
Having an interim EAD, SSN plus a license will allow you to work legally.
I'm not a visaexpert, but that all sounds very illegal to me. First it's illegal to obtain a tourist visa with the intend to stay. Accepting work with a tourist visa is illegal, and since there are no GC's available, I wonder if that person they showed you is working legally, my gut is saying she's not.
There are plenty in line before you, if it would be legal and so easy to adjust status from a tourist visa, what in itself is kinda a joke, everybody would be doing it, right?
5cats
Sounds to me that they were promised a H1B Visa but now can't find an employer. Anyways you are right is wrong to pay for an agency for a visa.
Specializes in intensive care, recovery, anesthetics.
You are probably right, but assuming from the posts I'm reading here, about 90% of those filipinos with H1B do not qualify for it, if they get checked, they are doomed.
Since it's illegal to have a tourist visa with the intent to stay, can't they deny the Green Card because of suspicion? It looks like abuse of a tourist visa, it's being used for the wrong reasons, and people wonder why priviledges are taken away.
You are probably right, but assuming from the posts I'm reading here, about 90% of those filipinos with H1B do not qualify for it, if they get checked, they are doomed.
5cat
I'm sure that there are others besides Filipinos who have the H1b visa and don't qualify. I do know that in California they're investigating the H1b visa holders. They should penalize not only the ones who don't qualify for the visas, but also the ones who petitioned them too! IMO, they should just do away with visas that are being abused, and make it harder to obtain a visa period.
Specializes in Medical and general practice now LTC.
Hi!we are almost in the same situation,but in my case i just arrived last july. i have an agency which i paid 13,500k for my green card petition but which i know will still take a couple of yrs,all that i'm hoping is to have an employment authorization so that i will not go back to Phil.anymore. i'm just soo worried after reading all these threads.my agency told me that that they have one applicant last jan. and has been issued a work permit or rather an employment authorization document last april and is now working,and i really saw her in the facility.i am not hoping that my green card will be processed bec.i know that this will never happen soon after thorough browsing and reading in the net but i'm hoping that i can be given an employment authorization before my tourist visa ends by jan.,by the way i'm here in seattle.but upon reading your thread,i'm just worried bec.its almost 6mos.now and u haven't received ur ead yet.what did ur lawyer told you?when did you apply for your adjsutment of status and ead? my agency didn't give me an aos and ead application form,just i-140 and application for permanent employement,do u think i have to ask them that?ur not going back to phil.anymore?keep me posted,thanks!
There is no way they can apply for EAD as your PD needs to be current and from what you are saying it isn't. If you are found to be here illegal (if they have you working on EAD when you are not) then you are open for a ban. It sounds like the agency is working illegally and unfortunately it is you that will suffer if caught. You need to talk to a lawyer of your own and get facts right. Be prepared on returning home once your tourist visa is up
I hate it when agencies lie and do things like this. So not far to the applicant (you)
Ginger's Mom, MSN, RN
3,181 Posts
Sounds to me that they were promised a H1B Visa but now can't find an employer. Anyways you are right is wrong to pay for an agency for a visa.