consular processing vs AOS for pakistan.

[ziqch]

I am a physician working in underserved area for 2.5 years, I applied for NIW and labor cert both. I have labor cert. and I-140 approved, obviously my NIW is pending as that need 5 years but i do have ead and advance parole based on that. Now i am thinking of consular processing vs AOS using labour cert. my consular processing application is at NVC . no response yet. My question is:
With security check stuff going on, has anyone recently gone through consular processing in pakistan, if so what was the exprience? do they make you go through security check again? or do u get the immigration visa the same day?
I am told that AOS based on labor cert. takes about one year? is this the right time frame?
thanks for the help.

 

[hadron]

While I don't know specifics about CP in pakistan, as a general rule of thumb I would be careful with CP in countries that are on the FBIs s$^**list. While I don't believe that pakistan is classified in the 'countries that harbor terrorists' category, there has been a bit of a history of extremism there.

If you do AOS and it takes them 9 months to complete your background check, so be it. You still have an EAD and except for delaying your citizenship no harm is done. If you sit in Pakistan and there is any hickup with your clearance (e.g. bc someone has a similar sounding name), you might loose your medical career here in the US.

 

[jin464]

hadron,if I have to do cp from a middleeast country,one of bad countries list as well, but all the documents are in line,do u still see a slim chance to get GC if my name doesn't sound similar to blacklist and no matter for me if I have to wait afew months,or do u recommend me to take lawyer to embassy to raise my success to get my immig.visa?does nationality makes a role to get GC through CP while documents are in line?plz help,appreciate to hear your comment

 

[hadron]

hadron,if I have to do cp from a middleeast country,one of bad countries list as well, but all the documents are in line,do u still see a slim chance to get GC if my name doesn't sound similar to blacklist and no matter for me if I have to wait afew months,or do u recommend me to take lawyer to embassy to raise my success to get my immig.visa?does nationality makes a role to get GC through CP while documents are in line?plz help,appreciate to hear your comment

I have no idea. It is a game of chance whether you need a background check or not. The difference is that with AOS you don't really loose but that with CP you are stuck abroad unable to return to your job (I knew one pakistani guy who made the mistake of mentioning the word 'nuclear medicine' somewhere on his biographical sheet. As a result the idiot worker drone at the consulate ordered the type of background check required for nuclear scientists who come for graduate research work to the US. Cost him 3 months of his life and almost his job).

 

[ziqch]

thanks...!

thanks for the replies, okay so if i go for AOS whats the time frame i am looking at to get the green card? I know i cannot apply before my three years of waiver are over, but say i apply in july of next year, whats the expected time frame in this case?
thanks

 

[hadron]

Have you checked the website for your processing center yet ? The numbers are only means, but recently they crank out the I485s at astounding speed, it is not years anymore.
And by having advance parole and EAD you have most of the benefits of permanent residency (except the path to citizenship), so think hard about CP in your particular situation.

 

[ziqch]

thanks again for your reply, this is relly a great forum to get all this info, but heres another question, there is something like security or name check even when you apply for AOS, and what i have been reading that may take more thna a year, sometimes 2 years. My problem is i am kinda stuck in a remote area doing this waiver job and want to get out as soon as possible. so if i go for AOS and get stuck in name check thingy, then i am kinda stuck in htis place for years. On the other hand, CP sounds faster even with security check, kinda confusing do you know , if i go for CP and have to go through name check, can i use my AP to come back and resume my job?
thanks for the help.

 

[hadron]

Difficult question.

By the way. Once you have your labor certification based I485 pendind, if you have a delay past 180 days you can change employers within the same job category (AC-21 law). So, you would at max be stuck for a year in your current job.

 

[ziqch]

thanks hardon, you have been lot of help. I was reading upon this ac-21 thing, that seems to be a good option esp. if i get stuck in fbi name check stuff. will need to find a H1 job though, oh well ! this green card stuff keeps on getting more fun.
btw, do u know if i can come back using AP from pakistan if my name goes through security check during CP?

 

[kaq]

Dear

I am also a physician from Pakistan. I also chose AOS just to be "on safe side". I have been waiting for 4 years for Green Card. I would suggest you to speak with your attorney regarding consulate processing if you want to save your time.

 

[jin464]

to hadron

I have no idea. It is a game of chance whether you need a background check or not. The difference is that with AOS you don't really loose but that with CP you are stuck abroad unable to return to your job (I knew one pakistani guy who made the mistake of mentioning the word 'nuclear medicine' somewhere on his biographical sheet. As a result the idiot worker drone at the consulate ordered the type of background check required for nuclear scientists who come for graduate research work to the US. Cost him 3 months of his life and almost his job).

hadron ,what if I have no job at present in usa(my job is future job through perm/I-140),and I'm ready to wait 3 months for name check at embassy,then what is the negative consequences to apply for gc through cp,is there again risks not to get it?do u see any risk except from waiting period and loosing job in usa which is not an issue for me?appreciate your comment.

 

[ziqch]

hadron ,what if I have no job at present in usa(my job is future job through perm/I-140),and I'm ready to wait 3 months for name check at embassy,then what is the negative consequences to apply for gc through cp,is there again risks not to get it?do u see any risk except from waiting period and loosing job in usa which is not an issue for me?appreciate your comment.

are you talking about getting H1 stamped or CP ? if you are talking about employement based CP, then you need an employer as they will the sponsor of GC, so I dont think you can Go for CP without a job.

I have another question, now since this is employment sponsored GC and getting stuck with name check can result in employment termination, they should allow you to come back and continue with the job while waiting for security clearance, it makes sense but then again its US embassy

 

[m_img]

I have another question, now since this is employment sponsored GC and getting stuck with name check can result in employment termination, they should allow you to come back and continue with the job while waiting for security clearance, it makes sense but then again its US embassy

If you've already H1-B stamped, then you should have not problem returning on H1-B. If not, then I would not try. I'm not sure if they do same security check as for GC while stamping H1-B. If it is different, you might be able get H1-B stamped in Canada. I know physicians from India have done it successfully. I'm not sure from other countries.

Good luck.

 

[ziqch]

If you've already H1-B stamped, then you should have not problem returning on H1-B. If not, then I would not try. I'm not sure if they do same security check as for GC while stamping H1-B. If it is different, you might be able get H1-B stamped in Canada. I know physicians from India have done it successfully. I'm not sure from other countries.

Good luck.

I have advance parole based on national interest waiver which i can use to come back to resume my job, but do they let you come back if your name goes into security check.?

 

[hadron]

hadron ,what if I have no job at present in usa(my job is future job through perm/I-140),and I'm ready to wait 3 months for name check at embassy,then what is the negative consequences to apply for gc through cp,is there again risks not to get it?do u see any risk except from waiting period and loosing job in usa which is not an issue for me?appreciate your comment.

If you don't currently work in the US
and you have flexibility as to when to start your GC based job
and you have infrastructure in Pakistan to live there for a while

There is no real downside (and lots of upsides) to going through CP.

My concern is for people who work a H1b based job (e.g. post waiver) and have an GC pending from that job. If you go abroad for CP and get stuck (which is more likely in some countries than in others), you might loose not only the H1b job but with that also the GC through future employment.

 

[jin464]

If you don't currently work in the US
and you have flexibility as to when to start your GC based job
and you have infrastructure in Pakistan to live there for a while

There is no real downside (and lots of upsides) to going through CP.

My concern is for people who work a H1b based job (e.g. post waiver) and have an GC pending from that job. If you go abroad for CP and get stuck (which is more likely in some countries than in others), you might loose not only the H1b job but with that also the GC through future employment.

hadron, yes I have no h-1b job,and have a flexibility to start it based on employment which I already live in middleeast not in usa,so u mean there is no other issues at the embassy,no other argues with the immigration officer at embassy(except waiting for namecheck) if documents are already in order,right?plz comment hadron and hats off to your precious recommendations my friend

 

[m_img]

I have advance parole based on national interest waiver which i can use to come back to resume my job, but do they let you come back if your name goes into security check.?

Have you used that advance parole? If there was no problem entering, then that should be ok.

 

[hadron]

hadron, yes I have no h-1b job,and have a flexibility to start it based on employment which I already live in middleeast not in usa,so u mean there is no other issues at the embassy,no other argues with the immigration officer at embassy(except waiting for namecheck) if documents are already in order,right?plz comment hadron and hats off to your precious recommendations my friend

Well, then you should be ok (in fact, in absence of an H1b it would be the only way for you to enter the US legally. If you entered on a visitors visa and then applied for adjustment they could give you a hard time about violating the terms of the visitors visa by knowingly seeking immigration.)

 

[ziqch]

Have you used that advance parole? If there was no problem entering, then that should be ok.

I have been using advance parole based on NIW for last two years without any problems, only issue is whether you can still do that if your name goes for security check. I have read on this forum that one person was able to come back eve on H1 visa which is non-immigrant visa while being stuck in security check, so advance parole is a much better option. I think. Damn this immigration is tough

 

[jin464]

Well, then you should be ok (in fact, in absence of an H1b it would be the only way for you to enter the US legally. If you entered on a visitors visa and then applied for adjustment they could give you a hard time about violating the terms of the visitors visa by knowingly seeking immigration.)

hadron thanx u are always helpful