Consular Processing for Green Card when 6 year H1-B is expiring

S

Sachin Sampat

Registered Users (C)
Consular Processing (CP) for GC

Q1) I have a question about using Consular Processing to get the green card
 when your 6 year H1-B is close to expiring. My 6 year H1-B expires in May 2002. According
 to the new rule it\'s possible to get 1 year H1-B extensions beyond the 6 year limit for 1
 year at a time. I\'m still in the I-140 stage and may not be able to apply for the last
 stage till July/August this year. I\'m an Indian national and had filed for my GC in December
 1997 under EB-3 category under traditional labour certification (no RIR). I am now being
 told that even though the 1 year H1 extension is now possible it is too risky for me to go
 for the consular processing option as my 6 year H1 expiration date may be too close to the
 interview date with the consulate. Therefore, what I\'m being told is that if one were to hit
 one\'s 6 year maximum allowable stay prior to one\'s consulate interview (or the expiration of
 the 6 year H1 is close to the interview date even though 1 year extensions are possible),
 consular processing would not be an option for the person. I was planning to use the American
 consulate in Mumbai (Bombay), India. Is this true that it is too risky for me to use consular
 processing? Also, is it true that under consular processing there is no allowance for work
 or travel authorization separate from one\'s H-1B visa?

CP and Adjustment of Status (AOS) simultaneously

Q2) What if I file for I485 and later would like to opt for CP in Mumbai. Should I cancel my I485 before applying for CP or can both go simultaneously and then cancel 485 after I get the GC thru CP? Is it possible to leave the adjustment on file and then cancel it when one returns with an immigrant visa?

Please advice. Thanks in advance.

Warm Regards,
Sachin
 
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Consular Processing (CP) for GC

Q1) I have a question about using Consular Processing to get the green card
 when your 6 year H1-B is close to expiring. My 6 year H1-B expires in May 2002. According
 to the new rule it\'s possible to get 1 year H1-B extensions beyond the 6 year limit for 1
 year at a time. I\'m still in the I-140 stage and may not be able to apply for the last
 stage till July/August this year. I\'m an Indian national and had filed for my GC in December
 1997 under EB-3 category under traditional labour certification (no RIR). I am now being
 told that even though the 1 year H1 extension is now possible it is too risky for me to go
 for the consular processing option as my 6 year H1 expiration date may be too close to the
 interview date with the consulate. Therefore, what I\'m being told is that if one were to hit
 one\'s 6 year maximum allowable stay prior to one\'s consulate interview (or the expiration of
 the 6 year H1 is close to the interview date even though 1 year extensions are possible),
 consular processing would not be an option for the person. I was planning to use the American
 consulate in Mumbai (Bombay), India. Is this true that it is too risky for me to use consular
 processing? Also, is it true that under consular processing there is no allowance for work
 or travel authorization separate from one\'s H-1B visa?

CP and Adjustment of Status (AOS) simultaneously

Q2) What if I file for I485 and later would like to opt for CP in Mumbai. Should I cancel my I485 before applying for CP or can both go simultaneously and then cancel 485 after I get the GC thru CP? Is it possible to leave the adjustment on file and then cancel it when one returns with an immigrant visa?
 
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Hi VT,

I\'m very keen on CP but am still trying to decide if it\'s possible since I\'ve heard we\'re not allowed to CP when our 6 year H is expiring - only AOS in the US is allowed. If for some reason it\'s allowed I\'m trying to figure out how risky it might be since they say we might get stuck outside the US. What have you heard? Please let me know. Thanks.

Sachin
 
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Hi Sachin,

I Just got my 140 approved and I will completing 6 years on H1-B in Sep 01. My attny is applying for 1 yr extn. Mine may be more risky than you since I only have 3 more months on H1. I just started talking to people and collecting info. I will let you know what I decide.

Thanks,
VT
 
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VT,

Thanks a lot. Let\'s keep in touch so we can profit from each other\'s experience and help each other based on what we find out. Let me know what you find out. Thanks.

Sachin
 
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Hi - I\'m in the same boat as yours...My 6-yr limit is reaching in Sept 2001. I opted for CP in my I-140. It\'s pending. Did you gather any information as to whether we\'ll be able to get 1-yr extension using AC21 regulation ? How risky is it to go for CP ?
Thanks
 
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VT123- I\'m in the same boat as yours...My 6-yr limit is reaching in Sept 2001. I opted for CP in my I-140. It\'s pending. Did you gather any information as to whether we\'ll be able to get 1-yr extension using AC21 regulation ? How risky is it to go for CP ?
Thanks
 
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Hi VT and BRK,

Here\'s what I found out about CP when 6 year H1 is expiring. I heard to different reports. This refers to S 2045 and the mandate has been interpreted in 2 different ways. Below is a summary of the 2 interpretations.

1) If your CP interview comes through before your 6 year H1 expires then you are in good shape. Nothing to worry about since there is no risk as you have got your interview before your 6 year H1 expires.

2) Another report I heard is that the mandate to S 2045 does not say that you can only opt for AOS with the 7th year extension. This means that you can go for CP even when your 6 year H1 is expiring with the 7th year H1.

Please note that both these interpretations came directly from immigration attorney\'s from a top immigration firm. Thus, it\'s coming straight from paralegals.

So all in all we\'re in good shape. As we move forward, please share your experiences with me as to how the interview panned out since I will be interested in hearing your experiences. Thanks,

Sachin
 
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Dear VT123,BRK33,Sachin,
     Have you got your GC issues sorted out? Did you get CP interview dates or did you choose to do AOS?
I am curious to find out from anyone who\'s had their CP successfully done in Chennai Consulate under EB-3 category recently.
Can anyone please shed some light on whether it\'s advisable NOW to do CP(Chennai) under EB-3?
My case history is: PD-12/99,I140 cleared-11/00,Waiting for PD to be current..expecting it be current around Aug/Sep 01.(EB-3 Cat)
Any help would be really appreciated as I can decide to do AOS/CP based on your inputs.
Thanks very much,guys.Best of luck to all of you!
Regards
Anand V
 
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Hi Anand,

Your case seems different from ours. Our 6 year H1\'s are expiring and so we don\'t know if we can opt for CP or not. I\'ve heard 2 reports that you can if you get the interview before your 6 year H1 expires and another one that says that you can even opt for it with your 7 year H1. Sounds like there are 2 interpretations of the rule.

Your question is related to CP in Chennai and I personally don\'t have any information on this. But I did come across a website which has this information. Go to www.imminfo.com
Register there and check under Consular Processing and Personal experiences and you will get info since people have talked about Chennai CP experiences. Hope this helps.

VT123 and BRK33, any new news about CP and what you guys decided and heard since we last spoke? Please share. Thanks.

Sachin
 
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