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Consulate Processig
- Thread starter amitGreen
- Start date
amitGreen:
First of all, I don't think you need to worry about CP since your RD is 11/2001 and your 485 should be approved sometime soon.
CP is a risky process. It's faster but has several pitfalls. AOS is a much safer route in these uncertain times. Here are a few pros and cons for CP and AOS:
CP Pros:
Fast 3-4 months after 140; You get a chance to visit your home country; You do your medicals in home country prior to CP interview; FP is done at POE on arrival; You get your GC stamp on arrival in the US at POE; Plastic card follows soon thereafter; You can opt out of CP easily and apply for 485 instead without need to fill extra forms
CP Cons:
Extremely risky if there's a possibility of your being laid off before the CP interview; If you're laid off that's the end of the GC process; You have to opt for CP at the I-140 stage; You can opt for CP even later but have to file extra forms with INS causing delays of a couple of months; If CP is denied at interview stage there's no way to enter US, except if your employer sends you a new H-1, you'll need to apply for a new H-1 multiple-entry visa at the Consulate, in these bad economic times few companies will be willing to sponsor for H-1, also you'll need to wait in your home country till you get new H-1 papers; You have to obtain Police Clearance Certificate from local police/Indian Consulates in the US prior to CP interview; If your credentials are dubious, Consulates verify employment, educational history since they're well-versed with your home country
485 Pros:
Safer route to GC; Offers a safety net for people who are laid off or those wanting to change jobs, thanks to AC-21; You can continue working on your H-1 while 485 is pending; Spouse can start working using EAD; You can travel abroad and return using your AP; Since you're already in the US, in case of 485 denial you could still appeal without hampering your work/family life here
485 Cons:
Longer processing time; You have to keep renewing your EAD/AP till 485 approval; Possibility of RFE or transfer to local INS office with interview
I'm sure I might have missed a few more of the pros and cons but these should cover the major points. Hope you find it useful.
First of all, I don't think you need to worry about CP since your RD is 11/2001 and your 485 should be approved sometime soon.
CP is a risky process. It's faster but has several pitfalls. AOS is a much safer route in these uncertain times. Here are a few pros and cons for CP and AOS:
CP Pros:
Fast 3-4 months after 140; You get a chance to visit your home country; You do your medicals in home country prior to CP interview; FP is done at POE on arrival; You get your GC stamp on arrival in the US at POE; Plastic card follows soon thereafter; You can opt out of CP easily and apply for 485 instead without need to fill extra forms
CP Cons:
Extremely risky if there's a possibility of your being laid off before the CP interview; If you're laid off that's the end of the GC process; You have to opt for CP at the I-140 stage; You can opt for CP even later but have to file extra forms with INS causing delays of a couple of months; If CP is denied at interview stage there's no way to enter US, except if your employer sends you a new H-1, you'll need to apply for a new H-1 multiple-entry visa at the Consulate, in these bad economic times few companies will be willing to sponsor for H-1, also you'll need to wait in your home country till you get new H-1 papers; You have to obtain Police Clearance Certificate from local police/Indian Consulates in the US prior to CP interview; If your credentials are dubious, Consulates verify employment, educational history since they're well-versed with your home country
485 Pros:
Safer route to GC; Offers a safety net for people who are laid off or those wanting to change jobs, thanks to AC-21; You can continue working on your H-1 while 485 is pending; Spouse can start working using EAD; You can travel abroad and return using your AP; Since you're already in the US, in case of 485 denial you could still appeal without hampering your work/family life here
485 Cons:
Longer processing time; You have to keep renewing your EAD/AP till 485 approval; Possibility of RFE or transfer to local INS office with interview
I'm sure I might have missed a few more of the pros and cons but these should cover the major points. Hope you find it useful.
CP is the best for anyone in the current scenario ...
ofcourse except those who have waited for more than 180 days since filling 485 .... but those under TSC should definitely opt for CP ....
Usually u should have ur GC within 6 months of I-140 approval (if CP had been the chosen option) .... if 485 was chosen during 140 then u need to file 824 and on the basis of its receipt u should be able to file for AC-140 with the consulate .....it should then take u 3-4 months for the interview.
The Police Clearance only needs to be taken from the Indian Consulates in the US and is a breeze ..... its a very well defined process ... no local PCC is needed from India ....
The only drawback of CP is that if u lose u job before the interview then u have a good chance of restarting the GC process but then people have managed otherwise tooo ....
Another important fact ... if CP would have been denied then the 485 would have also been denied .... so the risk is the same.....485 just seems easier as one doesn't have to take all the pain of travelling / paperwork etc, one is already in the US hence feels secure ....
CP is the best !!!
ofcourse except those who have waited for more than 180 days since filling 485 .... but those under TSC should definitely opt for CP ....
Usually u should have ur GC within 6 months of I-140 approval (if CP had been the chosen option) .... if 485 was chosen during 140 then u need to file 824 and on the basis of its receipt u should be able to file for AC-140 with the consulate .....it should then take u 3-4 months for the interview.
The Police Clearance only needs to be taken from the Indian Consulates in the US and is a breeze ..... its a very well defined process ... no local PCC is needed from India ....
The only drawback of CP is that if u lose u job before the interview then u have a good chance of restarting the GC process but then people have managed otherwise tooo ....
Another important fact ... if CP would have been denied then the 485 would have also been denied .... so the risk is the same.....485 just seems easier as one doesn't have to take all the pain of travelling / paperwork etc, one is already in the US hence feels secure ....
CP is the best !!!
The first big difference is that CP is not under INS !!!!
Anything under INS SUCKS !!! As soon as u are out of INS its wonders !!!!
CP process right now is under Department of State and their customer service and efficiency is much much better ....
the background check for every applicant is done during the Packet3 review process. This takes around 4 weeks ... then the file is sent to the consulate.... after the file is received by the consulate, the consulate has 2-3 months to schedule the interview ...in that timeframe they are also supposed to do the backgorund checks for the applicants .....
so infact a CP candidate undergoes more background check than an average AOS case....
I had a smooth CP in July and am still seeing people have a very smooth process now ......
Anything under INS SUCKS !!! As soon as u are out of INS its wonders !!!!
CP process right now is under Department of State and their customer service and efficiency is much much better ....
the background check for every applicant is done during the Packet3 review process. This takes around 4 weeks ... then the file is sent to the consulate.... after the file is received by the consulate, the consulate has 2-3 months to schedule the interview ...in that timeframe they are also supposed to do the backgorund checks for the applicants .....
so infact a CP candidate undergoes more background check than an average AOS case....
I had a smooth CP in July and am still seeing people have a very smooth process now ......
Bottomline is that if you're in no imminent danger of being laid off then CP is a good and faster alternative to AOS. But as everyone knows layoffs happen suddenly and there's no way to predict it. CP takes anywhere between 4-6 months from 140 approval and in that time frame anything can happen in such tough economic times. Unless you're 100% sure that a layoff won't happen in a 6-8 month horizon CP is definitely the way to go.