CP or AOS--Family or work?

L

lajosefa

Registered Users (C)
Hi,

I am undergoing these times of dilemma, when I have to choose what path to pursue in order to some day (I am pretty sceptic after 5 years waiting for petitions approvals) get my GC.

My situation:
I have a family-based visa filed in a local office (Chicago). It is really unbelievable the delays in this office. I have also filed EAD along with the I-485, and nothing happened yet, except for getting receipts and fingerprinting, but no EAD yet, nothing else. This has been filed in October 2003.

In addition to this already filed I-485 for a family-based visa (as a single daughter 21+--I cannot get married to continue being elegible! Iam already 35!), I also have an approved petition from my work-based visa.

My dilemma comes from the following: The attorney (my company attorney, whose fees I actually pay) wants me to withdraw my family based I-485 and take a CP (consular processing) for the work visa. I really feel is too risky. My country is Argentina. Anyone here knows anything about how CP is now in Argentina. I only know they are famous for rejecting visas lately (since the default). None of my friends have chosen CP yet, so I have no idea what to do. I am inclined for AOS just because of the cost and anyway I am here already. But my attorney (company's attorney) insists, and I am not sure if I am being silly of not choosing Cp which is much faster.

Do you recommend CP vs. AOS these days? Is it true that if I withdraw my AOS through family, and pursue a CP through work will it be better? Or is more recommendable to have two AOS (one for family and one for work) and wait for the any of them to come up first?

Any opinion is welcome. I am collapsing already --after all this time, and this issue still holding my life back.
 
They are rejecting non-inmigrant visas. I do not know about immigrant visas as I do not know anyone in Argentina who chose CP. Everyone stays here as AOS... So I have no reference.
I would like to know the experience of CPs done in the past year.
I yesterday read in another site that the attorney who manages the site says they do not recommend anymore CP due to several complaints of many people who have been stranded abroad, even though all the papers and the police records were all right. So I got scared.
He said that in some cases they questioned the police clearances, and they had to be redone, etc.

Anyway, anyone else can share a recent experience (post 9/11/01) about undergoing CP? There are no risks at all??
 
Thanks so much for taking the time to reply my questions.
I will listen to a couple more people and then I will tell my lawyer how to continue.
I guess that even if for any reason the green card is denied in Argentina (I have no reason at all actually, other than an arbitrary deciision by the consular officer) I still could make it back here with my H1B and continue my family based process? In the meantime I can finish what I am doing, and sell my condo, etc.
Right?
That would leave me a bit more relaxed.
 
Hi,

I have read the links.
I had no idea. Nowhere else I had read about the discretionality involved in AOS. I had thought all this time that it was the contrary: discretionality in CP, and safer in AOS.

I am sending a note to my lawyer asking him to confirm this. If this is totally confirmed, then I just will pursue my CP. And God help me. My H1 expires (second renewal) exactly in one year (less a few days).

Thanks!
 
The I-140 has been approved.
The lawyer mentioned a 4 months period before i get the interview.
Maybe he already had mentioned CP in the I-140 and now he just wants to make sure we do not want to switch?
He said he was going to receive a package soon, and depending on my decision he would complete it and send it back to (???) or he would just do nothing and file it in his office.
 
I had thought that it was not legal to have both types of procedures in order to take advantage of the best of both worlds (EAD from an AOS simultaneously to the quicker CP).
 
I really appreciate your information and recommendations.
I talked to my attorney about the possibility of having both cases running simultaneously. He was not sure that was possible though one case is for family and the other one for work, so he asked me to call the BCIS customer service/.
I did so, this time in Spanish (I had previously used this service only in English), and I must say the attention was very very good. They took their time to listen to the entire explanation of the issue (in the English service they never let me finish and I never got many answers).

I talked to a customer service AND to an offier to confirm the first response.

Confirmed : I do not need to drop the family-based I-485. In fact, they suggested that I also apply for an advance parole based on my family-based application before leaving to the CP for my employment-based visa, just in case anything happens to the H1 (expiration--it expires by the end of this year-- or cancellation). So I can return to the U.S. if for any reason my green card is denied at the consulate.

How long typically takes in the Chicago office to obtain an advance parole?
I had applied for a EAD and after longer than 90 days I haven't received anything yet.

Maybe I waste my money by applying for an AP if it arrives after I should leave to my country. The attorney told me the process should take between 3-5 months from now.
 
What do you mean you would never believe anything they tell you?
They told me just the same as you had told me...
Do you think I should call again and ask in English?
 
I already have travelled wiith my H1 after filing I-485. The processing continues though as i received a letter after i returned regarding my A number.
The AP is necessary to actually make it back into the country. An H1 overules and AP actually.
 
I am not sure what to believe or not. It looks like no one really knows how this of having two cases works.
When I cannot find a written law, like in this case, I just match information... and then if the majority say something, then I believe that may be the way.
If I get stranded abroad, I basically miss years of studying. Aside of working fulltime I am trying to earn my Masters. I am almost there. Everything else I can fix it. Sell everything, move to somewhere else. But the master, I could die after all these years of studying every night after work and in the weekends. (that is what I am doing now, at midnight).

I will call again. I also checked in another forum and they said the same as you and as the custiomer service.

My attorney had mentioned I had to drop I-=485, but that he was not sure, so he told me to call the customer service. To drop, for him, obviously is the safest way of not messing up.

I think no one knows how this works. I mean, i think there is not a written law about this of having wo separate cases of a different nature. So... is it a matter of opinion?
 
Considering what he is charging me (and still claiming, as I still owe his firm about 30% of that huge amount-- AH!), he should look into the case law himself.
At least to ensure he will get his money, right? I am paying constantly but in drops, so he does his best to have me back to pay! (that is what I think). He knows I will continue paying as my company gave me this attorney, only that I have to pay.But he knows I would not mess up with my company, you know.
He is not a big firm... so i guess my money counts somehow.

PhD at the side???? How can you??
I am taking one master class a quarter, and I barely can make it. I always want to sign up for two, but then i end up dropping one.

I wanted to do a PhD in the future, but I still cannot find the way of stop working to do that. You encourage me though.
 
You are very lucky.
I have to try to not stay overtime... It is a very demanding, not well paid, fulltime corporate job. I have no life.
 
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