Originally posted by cybird
Hello...hope you can help with some advice...
We just got our labor certification approval and are trying to decide between counsular and Adjustment fo status before applying for the I140.
The GC is being processed by my husband and his H1 B 6 years limit expires in Nov 2003.
Given this situation do you have any suggestions?
His application is EB3 RIR; Vermont Center.
Any advice will be greatly appreciated. Thank you
It is completely your personal decision. You can consider the following while making the decision:
- CP takes predictable time. It is about 4-6 months after 140 AD depending on your service center and consulate. AD to CP interview date for me is less than 5 month span. You can go to cptracker.com to analyze CP time.
- Contrary to widespread notion, CP does not carry any additional risk of rejection. You can refer to immihelp.com to look at circumstances when CP can be rejected. If your CP gets rejected, you AOS will also get rejected (albeit little later because that process takes a longer). As per various immi sites, the consular officer does NOT have discretionary power to reject/approve CP.
CP will get rejected if:
- Your case is a fraud
- You do not carry all the required papers (they will call you again with proper documents)
- You flunk medical
- You have been out of status for more than 6 months
Additional risks for CP:
- Political situation in your home country (people fear what if consulate closes down for some time)
- You lose you job before CP interview - there is probably little more wiggle room with AOS because of AC21.
Only negative I see:
- You have to travel at a relatively short notice and possibly at an inconvenient time. I am not able to go for more than a week because of work committments around CP interview date.