CP or AOS

B

BECsufferer

Registered Users (C)
Hi;

I am facing a deliema, where I have to decide between CP (Consular Processing) or AOS (Adjustment of Status). Let me give breif background, mine is EB-2 /RIR case PD 12/2004 and am on 6th yr of H1. Recently got Labor cleared and am filing I-140.

I understand CP doesn't allow benefits of EAD and requires me to physically go back to India as and when the interview gets scheduled. Where as I-485 allows filing for EAD once your PD opens. And I have been told that both CP and AOS eligibility is determined by PD currently open.

So questions arises which one will get me GC sonner ... CP or AOS?. Any help would be appreciated.

Thanks in advance.
 
CP is faster. But there will be some risks. I understand that when you go for the interview first they will cancel your H1 visa. Then they will look into your documents. If they find something then you will not have much of a recourse. Whereas in I-485 your are still in US and you can reply to RFE's etc.
 
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Yes you are right in saying CP is faster. But than the interview scheduling is also tied to PD. So how can we say CP is truly faster?

The process as I understand goes this way ... till your PD becomes current, an appllicant cannot apply for I-485 under AOS or schedule interview at US consulate in India for CP. So when the PD becomes current, one can file for AOS (I-485) and 6 months later obtain freedom to work anywhere in US, on other side you can apply tyo schedule for interview for CP.

What do you think?
 
Logically CP would be faster. Since you are not allowed to file for AOS uptill your PD becomes current. And from filing I-485, you got to wait for 180 days before applying for EAD, whereas it takes few months to go and get CP done.
 
BECsufferer said:
Logically CP would be faster. Since you are not allowed to file for AOS uptill your PD becomes current.
--if the PD is not current CP interview will NOT come they need immigrant visa number available for you. with CP no EAD AP no appeal if case gets denied no AC21
And from filing I-485, you got to wait for 180 days before applying for EAD,
---- where did you read that? one CAN file EAD AP with form I-485. do what ever is good for you I gave suggestion "If I am in your situation"
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