Consular Processing vs AOS

[svivdey]

My I-140 will be approved by Feb end. I am not sure about whether I should be going with AOS or CP.

My H-1 will expire on Aug 2002. If I opt for CP and don\'t get an interview till Aug, will I be out of status?

My husband\'s H-1 will also expire on Aug 2002. Can he renew H-1 if we don\'t get CP interview.

So, am basically looking for an answer about what shall I go for whether CP or AOS.

 

[Patta Hara]

CP vs AOS

If you still have H-1 time left on your 6 year cap then you can get that approval too. You should be in status at the time of Interview

Historically it has taken about 5 months from 140 approval to CP interview. check at www.cptracker.com

attached doc might help you decide on CP/AOS

 

[mm123]

You could be OK either way

Assuming your I140 is approved by Feb end...

If you want to do AOS, when you file I-485 in March, you can file for EAD that you\'ll get within 90 days (June end) and you won\'t need to extend your H1.

If you chose to go the CP way, you can file I-824 (even before your I-140 is approved), and send the Attorney Certified I-140 (once approved) with Packet 3 and I-824 receipt. You\'ll get the interview date within 45-60 days. It\'s possible to get the interview by May/June using this route.