Consular / concurrent processing ?

K

kutti80

Registered Users (C)
Guys,

Could you please help me here. I have my labor approval and about to proceed further. Is this a better idea to go for consular processing or concurrent processing. I have Masters degree in US and all my experience is in US.

The only reason I fear about consular processing is that if that is rejected in India, what are the chances? I have W2s since 1997 (from my school too). But the W2s in 2001 and 2002 had almost 40K difference in the salary as I was laid off during that time. Apart from this, I have all the necessary documentation.

If I apply for concurrent, these days I-140 is taking a longer than expected after May 1st. Please advise, what is the best option. I want to make it a smooth ride. I don;t mind waiting for 2-3 years as long as my 140 is approved and have an EAD. I definitely need your help.

thanks.
 
What visa status were you on when you were laid off? If you were out of status, you may have some options like 245(i) and do AOS or you may be forced to go for CP. Basically, if you can't establish that you were in-status all the time, then your case is complex and definitely needs a good attorney.
 
talkative said:
What visa status were you on when you were laid off? If you were out of status, you may have some options like 245(i) and do AOS or you may be forced to go for CP. Basically, if you can't establish that you were in-status all the time, then your case is complex and definitely needs a good attorney.
Click to expand...


Actually when I was laid off, the company A did not cancel my H1-B for a two month period of my last pay stub. And within that period I had a H1-B filed from a new company B and I did not find a job from this company. I was with them for three months without a paystub, but got the H1-B and then filed a new H1-B from employer C after three months.

Here can be a summary:

Company A - Jan - Aug 12, 2001 (on payroll till 12 Aug 2001. Did not cancel H1-B till 12 Oct 2001 )
Company B - Sep 30 2001 (applied for H1-B). Got the H1-B late Nov 2001. But no job till Jan 2001
Company C - Applied for H1 in Jan 2001.

Please let me know if can solve this?
 
I think you cannot establish that you were in-status without paystubs. So, if you interpret the H1 law strictly, you were out of status, at minimum, between Nov-Jan 01.

It's not clear to me you can do AOS. Maybe you can, but you really should schedule an appointment with somebody who can review your case and give you an informed answer.

If I were you, I wouldn't take the words of company attorney. I strongly suggest you pay the few hundred dollar fee and setup a phone consulation with Rajiv Khanna or similar knowledgeable and trustworthy attorney.

It may sound expensive, but compared to all the torture you will go through with BCIS, you are MUCH better off getting everything properly clarified and knowing your best option before you send a single form to BCIS.

I cannot emphasize enough. GET AN APPOINTMENT WITH RAJIV OR SOMEBODY GOOD. Don't take advice from company attorney or this fourm, or your own study of the law.

My own experience has been that attorneys have a zillion tricks in their bags. If your case is anything but totally straightforward and by the book, you need an attorney.

~T
 
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