Hello guys,
my I-140 came through at CSC two weeks ago. Originally my app. stated AOS. Now with the huge backlog of 485 cases being handled - is it a good idea to file for I-824 and go for CP at Chennai?
This is what my lawyer wrote about the same question:
Processing times are a bit hard to estimate right now. In order to
switch to Consular Processing you would first need to file Form I-824
and request that your application be forwarded to the consulate.
After INS approves the I-824 (2-3 months), your file is sent to the
National Visa center (NVC) and the NVC sends out "Packet 3" (taking
another 3 months). After you receive and complete Packet 3, you send
the documentation to the consulate closest to your home in India. It
looks like the closest consulate for you is Madras/Chennai. If so, I
really don\'t know the processing time there, but have heard they are
quite slow (9-12 mos.) After Chennai has reviewed your petition, they
will schedule you for an interview and send out "Packet 4". You
complete Packet 4, obtain medical exams and carry the Packet with you
to the interview. Some people have been able to directly file with
the consulate without waiting to receive Packet 3. To my knowledge
Chennai is not one of these consulates. We have had luck with this
process only at Mumbai.
A big advantage to Adjustment of Status (AOS) is that if your
application is pending for over 180 days, you can switch employers
without starting the process over as long as your new employment is
in a similar occupation. This does not apply to consular processing
cases. So even if AOS takes longer, it does have this big advantage.
We expect processing of AOS cases to become close to one year as INS
works to reduce their backlog of older cases which now have current
priority dates, but I have had some January 2001 cases approved.
What do you guys think: Will it help me timewise to go for the CP vs. AOS at this stage?
Thx.
S.
my I-140 came through at CSC two weeks ago. Originally my app. stated AOS. Now with the huge backlog of 485 cases being handled - is it a good idea to file for I-824 and go for CP at Chennai?
This is what my lawyer wrote about the same question:
Processing times are a bit hard to estimate right now. In order to
switch to Consular Processing you would first need to file Form I-824
and request that your application be forwarded to the consulate.
After INS approves the I-824 (2-3 months), your file is sent to the
National Visa center (NVC) and the NVC sends out "Packet 3" (taking
another 3 months). After you receive and complete Packet 3, you send
the documentation to the consulate closest to your home in India. It
looks like the closest consulate for you is Madras/Chennai. If so, I
really don\'t know the processing time there, but have heard they are
quite slow (9-12 mos.) After Chennai has reviewed your petition, they
will schedule you for an interview and send out "Packet 4". You
complete Packet 4, obtain medical exams and carry the Packet with you
to the interview. Some people have been able to directly file with
the consulate without waiting to receive Packet 3. To my knowledge
Chennai is not one of these consulates. We have had luck with this
process only at Mumbai.
A big advantage to Adjustment of Status (AOS) is that if your
application is pending for over 180 days, you can switch employers
without starting the process over as long as your new employment is
in a similar occupation. This does not apply to consular processing
cases. So even if AOS takes longer, it does have this big advantage.
We expect processing of AOS cases to become close to one year as INS
works to reduce their backlog of older cases which now have current
priority dates, but I have had some January 2001 cases approved.
What do you guys think: Will it help me timewise to go for the CP vs. AOS at this stage?
Thx.
S.