Change from CP to 485!!

G

gcvalue

Registered Users (C)
I got my packet3 last week and have not mailed it yet to the consulate..
NVC gave the the case number on the phone BMBxxxxxxxx..but due to the current situation i want to change it to AOS by filing 485 over here...
now do i loose any time for this as I guess NVC must have already send my file to the consulate in India and they have to get back the file from india ...is it a big problem to change this in terms of time ...the lawyer says that u can change the job after 6 months of filing the 485 with some paper work so its just question of 2/3 months diference between getting the CP done and takeing the risk or completing 6 months on 485 and changeing the job....is it TRUE!! can you do it...suggestions advice
 
What is the risk?

If you would have sent your packet 3 to Bombay consulate last week, you could get Jan interview.

It may take 2+ months to get your file back from consulate. Now do you want to wait for 3 months for CP or 2+6 months for AOS?? If you are wary of current economy, then would it be wise to stick to CP given that your papers are already with the consulate??

I have active member of this board since last 5-6 months and I not seen a single rejection in any of the US consulates in India. So what is the risk in CP???
 
Adjustment of Status vs. Consular Processing

Which is Best for You? Read at
http://www.imminfo.com/imminfoftp/imminfo analysis 2.pdf

Here is a short excerpt:
"Approvals and Denials"
b The authority of consular officers does not include the wide grant of discretion given to INS officers considering adjustment of status applications. A consular officer must issue an immigrant visa to an applicant who is otherwise eligible. A consular officer may not refuse to issue a visa to an eligible applicant in the exercise of discretion.
If a person is found to be ineligible for an immigrant visa, that decision must be made on the basis of hard factual evidence. The applicant must be advised of the specific reason and given an opportunity to refute it.
Most denials of consular immigrant visa applications are for incomplete documents. In such cases, when the applicant produces the missing documents, the application is approved. The second largest number of denials result from fraud. This typically takes the form of a false employment verification letter, a fraudulent college transcript, or a fake job offer. The remaining denials stem from applicants being subject to one of more of the grounds of exclusion (http://www.imminfo.com/library/articles/exclusion.html).

I personally think that you have bigger chance to be rejected during AOS than during CP.
Good luck!
 
I think his lawyer may be confused this guy...don\'t listen to the them what they say

regarding CP..if ur afraid of loosing job in the near future like most of us then CP is the best way...betting on AOS with 180 day rule is more risky as regulation are not clear.be wise dont loose the great chance u got now to get the GC in 3 months.
 
Status !!

I meant the INS getting strict with the application..the concern i have is when i came from india in 1999 i didnt have a project for 1 month for which i didnt have a paystubs...and after that company laid me off i joined another company but there was a gap of 1 month for which i dint have a paystub..though i had H1 valid now does this make me out of status for that time...
 
No problem.

gcvalue, the 1 month gap should not be a problem. What makes you think that the gap in employment would be a factor in CP but not in AOS??

The fact that your new H1 visa was granted by INS proves that your status is good. As long as your employer is ready to employ you when you come back after CP interview, you should be OK.

Marta, thanks for excellent posting.
 
Low salary a sufficient cause for denial?

I hate to bring this beaten down topic again, but wouldn\'t a lower salary (howsoever minor the difference with LC salary) be a sufficient cause for denial?

Most posters on this board have vociferously rejected this idea. Their theory is that a minor difference is innocuous. However, none of the successful CP postings indicated that they made it with a lower salary.

On the other hand, there are many cases of successful AOS with salary differences of more than 15% (diff between current salary and LC salary).

Under this circumstance do you still think that one would have a bigger chance to be rejected during AOS than during CP?
 
Present salary less than LC mentioned Salary

Your LC salary is mentioned if you get your GC.
I have completed my CP in Chennai in Sept 01. My salary at that time was 10k less than what was mentioned in LC. How ever my HR gave me letter where they have mentioned that on issue of GC my salary will be at par with the LC. Althou i have submitted my paystubs and Tax returns no body botherd to go through the same minutely. Even i was worried that they will create some problems with that. Where as i got totally caught up in an unrelated medical problem. Refer to my earlier postings!!!.So don\'t worry and all the best. As long as you have a valid employment offer letter from your employer you are fine.
 
You are crazy

You are 2.5 months away from GC using CP.
Paystubs are not important, what matters is if you were out of status and even then, it really matters only if this was >180 days.
You were out of status if you were no longer with your H1 sponsor (as opposed to being notified of your termination) and you don\'t have any new sponsor.
If you were notified of termination in Jan 1st with 2 weeks notice, you become out of status Jan 15th if you don\'t find a new sponsor. Short time of being out of status is no cause for alarm. >180 days is serious business. However, AOS and CP, not really any benefits of choosing AOS (you stay in US but more chance of rejection).
 
No Title

LC, I140 salary is future salary.
If your employment letter says what is your current salary that is fine. If it says your future salary, that\'s fine too as long as it equals LC, I140 salary. If your employment letter says lower salary for future position than LC, this is BAD but you are still likely going to get away with it.
 
Warning!!

Hey man,

Let me warn that if you switch from cp to 485 at this late stage, you will be sitting in this board for the next 2 years waiting for your I485 approval. Just follow the advice get it done in 2 months.
 
More info please

ins_waiter,
Is the two year estimate for general AOS time, or due to late switching? If it is for the latter, what is the time estimate to get the file from consulate back to INS? (If that is what\'s taking the extra time.)
 
why so??

why will it take so long wont i be in the same boat as everyone who goes for 485..will it take longer for me bcz of the switch
 
No Title

Ideal time to do that is before INS even sends your packet to NVC. Still it is ok even if NVC has the file.

Man, After you send the packet3 to the consulate, it is a definite risk. It is just beureacracy, you file I485, Immigration Officer will request the file from the consulate and if does not come to the right desk, you could be sitting around before months officer even looks into your file. If the consulate sends it to the wrong service center you are totally screwed.
One simple eg of my freind- once you come back from cp, your pasport will be stamped at the airport say chicago which NSC has jurisdiction, but all cp actual card applications is sent to tsc. one guy in the airport sent it to nsc by mistake and my freind got it after 1.5 years instead of 3 months, he had to refile the whole thing again after so many faxes and enquiries.
 
Is this true??

I still have my packet 3 its with my lawyer i havent sent it to bombay consulate...NVC must have sent my file to bombay consulate but i still have my packet3 to be send to bombay consulate...so i am planning at this stage to file for 485..as per the lawyer when i file 485 with the approval noticec of I140 my process goes on in the mean time INS requests my file from the consulate ...what he said is i dont loose time they dont need the file to start the EAD and finger printing process....
 
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