Need Suggestion on CP vs 485

[adam2Green]

Hello Everyone,

I need opinion on deciding on Consular processing. India category

My Status

* 9th Year on H1B
* H1B valid till 2010
* Have approved EB2 Perm application from my current employer - approved on My 2009
* Have approved 140 on EB3 category from previous employment with priority date of June 2003
* Approved I140 from previous emp is based on a labor substitution
* My current employer will be seeking date portability from 140 based on previous employment
* Have an Ead thru My wife, waiting for on 485. Her priority date is Sep 2003 Based on EB3 category
* Parole valid till Oct 09

Spouse Status
* H1B valid till 2010
* 8th year on H1B
* Changed employment after 6 months of EAD
* AC21 has not been filed yet
* Pending 485, EB3 category
* Parole valid till Oct 09
* She quit her job recently due to family reasons.
* End of this month will be the last day of her work.


We are thinking of opting for Consular processing for my GC for couple of
reasons

* We may move to india by this year based on my job situation, our understanding is CP can still continue eventhough we are out of US, whereas GC application will be voided if applicants is out of country.

* Interview availability is faster in CP compared to I485 route

Questions

* Are there any issues with CP over I485 which we should consider based on our situation and opt I485 route ?

* Is it better to start with I485 route now and then switch to CP when we are sure of leaving to India ? Known issues, advantages of choosing this route ?

* Any travel outside US issues we might incur, since my wife will be out of job and we would use parole based on her pending 485

* Do we have to be in US for obtaining the Cards after approval in CP ?

* How soon we should be in states after approval on CP ?

* How long can we stay outside states after obtaining GC ?

Need your opinions/suggestions on anything else we should consider to decide CP vs 485 based on our situation.

Thanks in advance

 

[Jackolantern]

EB3/EB2 India could take a long time to become current for you. Don't switch to CP until after you have moved to India. CP won't give you eligibility for EAD or AC21.

The I-485 doesn't get automatically voided if you leave the US, as long as you have Advance Parole and are able to return to the US once a year to renew it (but you have to remain in the US for the 1 to 3 months while it is pending).

 

[ginnu]

Hello Everyone,

I need opinion on deciding on Consular processing. India category

My Status

* 9th Year on H1B
* H1B valid till 2010
* Have approved EB2 Perm application from my current employer - approved on My 2009
* Have approved 140 on EB3 category from previous employment with priority date of June 2003
* Approved I140 from previous emp is based on a labor substitution
* My current employer will be seeking date portability from 140 based on previous employment
* Have an Ead thru My wife, waiting for on 485. Her priority date is Sep 2003 Based on EB3 category
* Parole valid till Oct 09

Spouse Status
* H1B valid till 2010
* 8th year on H1B
* Changed employment after 6 months of EAD
* AC21 has not been filed yet
* Pending 485, EB3 category
* Parole valid till Oct 09
* She quit her job recently due to family reasons.
* End of this month will be the last day of her work.


We are thinking of opting for Consular processing for my GC for couple of
reasons

* We may move to india by this year based on my job situation, our understanding is CP can still continue eventhough we are out of US, whereas GC application will be voided if applicants is out of country.

* Interview availability is faster in CP compared to I485 route
----------------------------------- only if Visa numbers are Available.
Questions

* Are there any issues with CP over I485 which we should consider based on our situation and opt I485 route ?
------------------------with CP, no EAD or AP ,no AC21, no appeal.

* Is it better to start with I485 route now and then switch to CP when we are sure of leaving to India ? Known issues, advantages of choosing this route ?
------------------------- once you plan leaving to India talk to your lawyer so that he can inform USCIS to send your I-140 to Consulate( I-140 will go to NVC then NVC will as employer to pay the fees then NVC send file to Consulate)
* Any travel outside US issues we might incur, since my wife will be out of job and we would use parole based on her pending 485
----------------------with CP no EAD AP as EAD AP are based on pending I-485.
* Do we have to be in US for obtaining the Cards after approval in CP ?

----------------- with CP processing you will get immigrant Visa and when enter US then you get the Cards after 1-2 months after entry to US

* How soon we should be in states after approval on CP ?
----------------I think it is 6 months from the date you get your immigrant visa stamps.

* How long can we stay outside states after obtaining GC ?

Need your opinions/suggestions on anything else we should consider to decide CP vs 485 based on our situation.
--------------------I-485 is best.
Thanks in advance

I-485 is better.

 

[adam2Green]

All,
Thanks for detailed response. One question i forgot to mention in the initial post is

Will concurrent filing of 485 do any good to our situation ? What advantages do we get by opting for it ?

Thanks