Can I apply for CP ? EB3 - H1 (6year expiring) in 6 months

M

mkiran

Registered Users (C)
Hi,
My H1 (six years) expires in about 6 months. My Priority date is Oct 99. Labor was approved and 140
was also approved this month.

My question is can I apply for consular processing.
How long does this process approximately take?
My h1 (six year) is expiring in about 6 months. If
I go for CP (Chennai) how long does it take to get
interview dates (approximately).

Does my file gets processed as it is received by NVC.
Or does it sit there till my priority date (currently
it is not moving from feb 97) become CURRENT to issue a case number for me.

I can not decide which path to choose. My company
lawyer said based on the new h1 rules, I can get one year increment for my H1 for AOS (adjustment of status).

If someone could guide me, I appreciate it very much.

Please help me.

Thanks in advance

Kiran
 
No Title

If you got your LC and filed I-140 recently then you cannot stay, if you filed your LC 1 year ago then you can stay.
If you want to apply for CP, it will take time to process your case and you must have time in your H1b visa, that means that you can still working without problems then your case wil be called then you can get your GC. What happens if your case in CP is not called before your 6 years, you will have to leave the country then wait until they call your case then you get your GC and come back. The only problem is that you have to wait and leave the country and wait again for who knows how long. It could be weeks or months or days. So I think that chances are that you will have to leave, apply for CP now and then maybe after leaving 1 or 2 months you can get your GC from your country. If you apply for I-485 , no way you can stay unless you files LC 1 year ago.
 
No Title

Albi,

I am afraid what you say is not true, per S2045. This gentlemen can stay as long as it takes the US govt to make a decision on his case. To facilitate that, he will need to get those yearly increments from DOJ to legally stay and work in the US. His attorney is on the right track, obvioulsy the confusion stems from the fact that the INS has not published the regulations but will in the near future. Further more there might be a substantial change in the priority dates as well for the Dec 2000 time frame.
 
No Title

SO, you are saying that applying for CP and you have more than 1 year on your LC and I-140 , you can stay because the .s.2045 is backing you up?
If that so, then my message was correct, but I mentioned that if someone does not have more than 1 year on LC or I-140 then cannot stay.
Now you said:"This gentlemen can stay as long as it takes the US govt to make a decision on his case"
So that means for example you file your LC on Jan 2000, I-140 on Jun 2000 and CP on Oct 2000 your 6years expires on Nov 2000, so you say that anybody can stay in US as ong as it takes??
I understand the rule would be if you file :
LC on Jan 2000
I-140 on Jun 2000
I-485 on Nov 2000
and your expiration date is Feb 2001, since you have more than one year then you can stay, but if your H1b expires on Dec 2000 you cannot, isn\'t it right?

What would be the difference in order to stay if you file I-485 or CP?
 
No Title

The law as passed and as interpreted by several bodies, simply state that an yearly incremental extension can be sought by H1B holders, when 365 days have elasped since the filling of a labor certification or immigration petition (I140). Since the INS has not issed regulations towards this, the ball is still in the air.
As far as this gentlemen goes, the new law is clear that if you file for CP, the AOS application is thrown out, i.e individual will have to leave the country when 6 years is up. Also CP is not faster since your application is not processed till priority date is current, also if your 6 years is up you have to leave the country. If AOS, you can continue to work with an EAD.
 
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