concurrent filing vs. one-by-one

N

niwsam

Registered Users (C)
guys,

after went through all the disscussions about concurrent filing, I drew the conclusions that:

1) concurrent filing may delay your I-140 processing if you can not get your I-485 ready for adjudication fast enough (and this is usually out of you control);

2)the approval of stand-alone I-140 shouldn't be slower than the approval of I-140 filing concurrently with I-485.

since I am not so eager for AP/EAD in a while, I-140 is the most important part for me and I don't want it get entangled with I-485. I would prefer to get I-140 first, and start waiting for I-485 with a relative peace of mind.

please correct my mistake if I understood wrong.
 
niwsam said:
guys,

after went through all the disscussions about concurrent filing, I drew the conclusions that:

1) concurrent filing may delay your I-140 processing if you can not get your I-485 ready for adjudication fast enough (and this is usually out of you control);

2)the approval of stand-alone I-140 shouldn't be slower than the approval of I-140 filing concurrently with I-485.

since I am not so eager for AP/EAD in a while, I-140 is the most important part for me and I don't want it get entangled with I-485. I would prefer to get I-140 first, and start waiting for I-485 with a relative peace of mind.

please correct my mistake if I understood wrong.
Click to expand...

Your understanding is right. But take a look at how much backlogged 485 queue is right now!
 
Jharkhandi said:
Your understanding is right. But take a look at how much backlogged 485 queue is right now!
Click to expand...

I would also consider Consular Processing...2-6 months depending on where you have to go. To put it in perspective, I have been a PR for two years now because I chose CP. If I had chosen AOS, I would still be in limbo.

Brian
 
I agree with Brian. Depending on your personal circumstances, you should submit your I-140 now, and consider the possibility of consular processing. I finally submitted my I-140 on April 7 2003 and got approval April 23 2004, about a year of processing.

I selected CP and I have started collecting relevant documents, including the police clearance certificate (PCC), even b4 NVC send me any packets. I envisage that once the PCC are obtained, I could get a GC between September and December 2004, making a total of 18 months for both I-140 and GC.

In the maintime, I am still able to obtain a non-immigrant visa to the USA. Indeed, I obtained one on April 19, 2004 and clearly indicated that I have filed an immigrant self-petition. I have a feeling that my application for a non-immigrant visa may have actually triggered the processing of my I-140 immigrant petition. I may also be wrong as there may not be any connection.

The point, though, is that the GC is faster and appears to give you more flexibility.
 
thanks for you guys reply, another question...

HI Brian and Topew,

I am new and there are some naive questions about CP:

1) is it correct that you need to get I-140 approved before you can prepare for CP?
2) do you need to decide to go CP or AOS when you send in your I-140 petition (is there a choice in the I-140 form)?
3) Do you need to go back to your home country for CP, or just anywhere out of US?
4) what's the risk of getting denied with CP? and what's the consequence (can you still get in US with some other visa)?

thanks a lot,
sam
 
niwsam said:
HI Brian and Topew,

I am new and there are some naive questions about CP:

1) is it correct that you need to get I-140 approved before you can prepare for CP?
2) do you need to decide to go CP or AOS when you send in your I-140 petition (is there a choice in the I-140 form)?
3) Do you need to go back to your home country for CP, or just anywhere out of US?
4) what's the risk of getting denied with CP? and what's the consequence (can you still get in US with some other visa)?

thanks a lot,
sam
Click to expand...

1) Yes.
2) Yes, it is on the form.
3) Home country
4) Classic question. Grounds for denial are the same for both (criminal record, disease, out of status presence, etc). If are you denied for these reasons, you will not be able to return. If you are denied AOS for these reasons, you will be deported. The difference is that AOS denial can be appealed, CP cannot. A little research will tell you if you will be denied in either case.

Brian
 
Brian has provided the right and appropriate answers to your questions. On question 3, you can do CP in your home country or your country of last legal residence b4 you entered the US.

As to research, you may want to visit this website http://www.jackson-hertogs.com/jh/faq/5051.htm.

http://www.ingber-aronson.com/AS vs CP.html

More information can also be obtained by doing a search on yahoo or other search engines. Please see for example,

http://search.yahoo.com/search?p=consular+processing&ei=UTF-8&fr=fp-tab-web-t&cop=mss&tab=
 
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