concurrent filing and AOS v/s consular processing

[mohvi]

I140-I485 concurrent filing and AOS v/s consular processing

Hi,

I just received my labor approval. I need to now decide whether to go for AOS or CP. Also I am married and my wife is currently on H-4. Given my case, I had few questions

1. What are the advantages/disadvantages for filing I-140 and I-485 concurrently ???

2. Also would someone throw some light with AOS v/s consular processing? When to pick one over the other ???

3. How long does it usually take in each of the above options?

4. What are the factors one need to keep in mind before deciding?

thanks.
mohvi

 

[ac140madras]

Mohvi,

I just received my labor approval. I need to now decide whether to go for AOS or CP. Also I am married and my wife is currently on H-4. Given my case, I had few questions

1. What are the advantages/disadvantages for filing I-140 and I-485 concurrently ???
>> Actualy filing concurrently or one after the other makes no difference,because 485 can't be processed untill I-140 is approved.It is certainly one time effort,you'll save some time because you'll be doing the paper work in the begining itself,avoiding some unwanted delays like probing lawyer,company etc.But later if you decide to go for CP then the money paid for lawyer fees and INS premium fee will be wasted.

2. Also would someone throw some light with AOS v/s consular processing? When to pick one over the other ???
>> AOS
Advantages:
1.AOS has AC21 benefit,if your AOS case is pending for more than 6 months you change your employer.If your H1 is expired,then with AOS and EAD,you could work in US with just EAD.
2.AOS is more safe in nature of processing,meaning if your AOS is denied for any case,you could still continue working on H1.
Disadvantages:
1.Currently,AOS takes anywhere between 18 to 30 months in most of the service centres.
2.If you need to travel outside US,then you'll need to take Advanced payroll (AP) for each of the applicant.

Consular Processing:
Advantages:
1.After I-140 approval (if chosen as CP),takes about 5-6months to get the interview.This is the main advantage.

Disadvantages:
1.The most important requirement for CP is you should have job with sponsoring company till the interview date (except for future GC),
2.In case of CP denial,then you'll need to stay back in the home country,because Consulate will cancel your H1 visa.
3.You and your dependents need to fly to Country's consulate to attend the Immigration Interview.This can be expensive,based on the size of the family.
4.These days consulate does FBI name checks,If there are any name hits (anybody in your family),then process will get delayed upto 4-6 weeks.This means you can't enter US untill FBI check is done.

Though I have list more number of disadvantages in CP,the advantage part is worth trying.You can see in this forum 100 % of the CP cases are successfull.(Also will be!!!).

Checkout http://www.murthy.com/choose.html for more information.

3. How long does it usually take in each of the above options?
>> Check the above answer.

4. What are the factors one need to keep in mind before deciding?
>> Check the above answer.

 

[mohvi]

I140-I485 concurrent filing and AOS v/s consular processing

hi ac140madras,

thanks for the detailed explainations.

I see that you tend towards recomending CP rather than AOS.

My question was, what if H1B is going to expire in September 2005, which means that not much time is left. And for some reason if there is a job change, then CP will not help right?

Any inputs for such circumstances ???

thanks.

 

[ac140madras]

My question was, what if H1B is going to expire in September 2005, which means that not much time is left. And for some reason if there is a job change, then CP will not help right?

Any inputs for such circumstances ???
>>
If your H1B is expiring on sept 2005 then,you still have 16/17 months.And I-140 approval takes anywhere between 4-8 months.So you'll be still left with 8th months of time for CP.(which normaly takes 6-7 months to get interview).But in any case you if there is some delay in any stage,you'll have to apply for an H1 extension.

But what I have seen in this forum is,people are playing kind of safe,by Filing for 485 and then after few months apply for CP via AC-140.(Ofcourse not every consulate accepts,only Mumbai is doing now).

I had already mentioned that for CP,you'll need to have the employement in the sponsoring company untill the interview.So if you are thing of quiting before the GC completion,I advice not to go with this path,485 is the best method.