consular Vs AOS processing

H

hkg777

New Member
Hi CP gurus,
My company has filed for Labor couple of months back in CA. I received a letter from my attorney asking me to elect for the type of processing. Can anyone suggest whether I shud agree for Consular or AOS processing? Which process is quicker comparatively? I have about over 2 yrs on my H1 quota left. Would I be able to get my GC done in time?
Answers highly appreciated. Thanx veri much!
Anxious guy.
 
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After your labor certification is done you have to get an immigrant petition (I-140) approved. There is no processing time difference there whether you select Adjustment of Status (AOS) or Consular Processing (CP). However, it\'s better to decide before you file the I-140 to save you time thereafter. AOS is currently taking 2 years on average and CP is taking about 3 months. The only advantage for AOS is that your spouse can work on an EAD while you are waiting for the adjudication. With CP, you have to wait till it\'s done and all of you have to fly to your home consulate for the interview. Other than these there\'s not much difference between the two and since CP is currently substantially faster, many people are using that route.

Sam
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This is a personal opinion only. I am not a lawyer and this message should not be construed as legal advice.
 
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SamC,
  
        I have an I-140 petition approved under EB3-RIR category, for
adjustment of status and my PD is not current.

Doest it require your PD to be current for seeking ConsularProcessing.
If not, which would make me eligible then can I opt for CP now? If so what would be the procedure?
Any help on this will be greatly appreciated.

thanks,
rajesh.
 
No Title

Since you did not initially opt for Consular Processing, you will have to file form I-824 with INS to have them transfer your case to the consulate of your choice. However, this takes several months and the INS will not initiate the transfer till your PD becomes current. Another alternative is to send attorney-certified copies of your I-140 application and approval notice to the consulate and request the consulate to process your case directly. However NOT all consulates accept attorney-certified documents so you should check with your consulate - either by calling them up or through their website (follow link from http://usembassy.state.gov). Please note that you still have to wait for your PD to become current or you must reasonably expect it to become current within a month or so, else the consulate will not accept your case.
Once the consulate accepts your case they will generate a case number, schedule an interview date and send you a Packet 4 to the address indicated on your application. Several consulates provide advance notice of case acceptance by notifying applicants or their attorneys via email and posting upcoming interview dates on their website. Again, check with your consulate for their policies.

Hope that helps.

Sam
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This is a personal opinion only. I am not a lawyer and this message should not be construed as legal advice.
 
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