CP or I-485

I

iamconcerned

Registered Users (C)
Friends:

I just got my LC certified. Now I am in a dilemma! Should I go for consular processing (Nebraska and Chennai) or I-485(Nebraska)

Which one is better and safer? I am leaning towards CP. But I am a little scared as my lawyers have said that they cant help if something happens in the consulate, where as they can help during the entire process if its I485 (since I will be in US through out)

Any comments on wat reasons can be there for denial of GC thru CP? Wat conditions can cause one to fail the medical tests?

If you lose your job after getting EAD.....can you stay in the country......


All suggestions comments welcome
 
here's my feedback

you can either apply for EAD or CP. If you file I140 and 485 together then you have to withdraw the 485 if you are going in for CP. do not take this chance.

The adv of 485 over CP is with 485 if 6 months have passed from your notice date of i485 and you have an ead you are a free bird even if you lose your job. you can switch jobsas 485 is your document not your sponsorer's.

with CP on the date of the interview at the consulate You need to have a job otherwise Your status is zero or back to square one as if you have not filed for GC. Also to the best of my knowledge they can't reject your GC at indian consulate they can only delay it or re-schedule your interview for want of more documentation.
Also you have to pay 1400 uSD per person for CP + travel to INDIA etc (check the actual amount) . also if they reschedule ur interview then you may have to go back if the new date is far off or extend your leave here.

As regards getting married and getting your spouse do it before 485 is approved.
the above is purely my feedback and opinion. hope it helps.

As regards medical tests I think AIDS or epidemic contageous diseases incurable by medicine. currently add SARS also to the list.

As regards my advice (you can ignore it) file 485 not CP.

this gives you more time you can also try this opt CP and then file for 485 i think withdrawing cp and applying for 485 is very much an easy task than the other way round . do not withdraw 485 and file cp unless u need to due to unforseen circumstances.


As regards my suggestion (you can ignore it) file 485 not CP.
 
Re: here's my feedback

Thanks for your feedback....initially I was leaning towards I485 for the same reasons you mentioned. The few reasons I am still thinking about CP is because
(1) it will take me only 8-9 months I think (going by the current trends I-140 - 4months (Nebaraska)and CP - 4 months (Chennai)). At the sametime concurrent I-140 and I485 will take 6-7 months to get to the EAD and then another 8-10 months atleast for GC
(2) "http://www.imminfo.com/" has detailed out the pros and cons of both process and it seems to indicate there is no reason to do CP.
(3) Finally if I lose my job during CP I was hoping that I would need to only withdraw my CP and apply for I-485 with a new employer.

Which process are you following? thanks again

Originally posted by Waqtwaqtkibaat
you can either apply for EAD or CP. If you file I140 and 485 together then you have to withdraw the 485 if you are going in for CP. do not take this chance.

The adv of 485 over CP is with 485 if 6 months have passed from your notice date of i485 and you have an ead you are a free bird even if you lose your job. you can switch jobsas 485 is your document not your sponsorer's.

with CP on the date of the interview at the consulate You need to have a job otherwise Your status is zero or back to square one as if you have not filed for GC. Also to the best of my knowledge they can't reject your GC at indian consulate they can only delay it or re-schedule your interview for want of more documentation.
Also you have to pay 1400 uSD per person for CP + travel to INDIA etc (check the actual amount) . also if they reschedule ur interview then you may have to go back if the new date is far off or extend your leave here.

As regards getting married and getting your spouse do it before 485 is approved.
the above is purely my feedback and opinion. hope it helps.

As regards medical tests I think AIDS or epidemic contageous diseases incurable by medicine. currently add SARS also to the list.

As regards my advice (you can ignore it) file 485 not CP.

this gives you more time you can also try this opt CP and then file for 485 i think withdrawing cp and applying for 485 is very much an easy task than the other way round . do not withdraw 485 and file cp unless u need to due to unforseen circumstances.


As regards my suggestion (you can ignore it) file 485 not CP.
Click to expand...
 
Correction

"(2) "http://www.imminfo.com/" has detailed out the pros and cons of both process and it seems to indicate its much better to do CP
 
Re: Correction

Originally posted by iamconcerned
"(2) "http://www.imminfo.com/" has detailed out the pros and cons of both process and it seems to indicate its much better to do CP
Click to expand...

It depends on your unique situation. If your job will be available for atleast 9 months -1 year from now, go for CP. CP interview takes around 3-5 months after I-140 approval (if opted for CP during I-140).
AOS gives you flexibility to change jobs after 6 months of filing. It might very well take you less than 6 months to get a CP interview so you do not really lose any time. Also AOS will take much longer because of delays at BCIS. Applicants from 2001 are still waiting for AOS approval.
I went thru CP in Chennai last year in Oct. My I-140 was approved in Feb. There is no additional risk in CP, provided you have a job offer at the time of interview and your company is stable.
You can now concurrently file for AOS but it is not clear of after filing I-140 and AOS you can use AC21 after 180 days to switch jobs.
 
Company is very very stable(Revenue more than $100 billion)(unless something like enron happens:)) Only thing that can happen is me getting fired or laid off (chances less than 90%)

I am in an operational job, not in a softee job, so might have to change roles within company. Job description might be similar, but not same. Can I do this during CP? Can I do this with EAD? Can I ever apply for I485 at a later stage if I opt CP?
 
>Finally if I lose my job during CP I was hoping that I would need >to only withdraw my CP and apply for I-485 with a new employer.

I don't think you can do this. Your I-140 is tied to your employer. If you lose your job your I-140 goes with it , you will have to leave the country in 10 days (H1 regulations: the number may be different) or find a new H1 job and start from scratch. EAD, if you have approved I-140, will come though in about 2 months. It really boils down to
1)how sure you are about your job (which is a tough question now a days) and 2) If your spouse if any wants to work now and 3) Are you the risk taking type
 
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