CP vs AOS - Need advise Please

D

dotts04

Registered Users (C)
Hello:

I really need some help.

Below are some of the facts on my case:

EB3
PD: August 2002
I currently hold H1B status
I am a CANADIAN citizen Living in Windsor, ON, CANADA.
I work in Detroit, Michigan.

During the past 10 years of my green card filing, my job title has changed and my company has acquired another company and has changed names.

I was going to do the CP but my company is advising against it since there is lot of risk involved. My company is suggesting that I go with AOS since they can use AC-21 act.

Please advise. Any advise is highly appreciated.

Thank you
 
There is no good reason in your situation to use CP, unless you're going to be spending so much time in Canada (or elsewhere outside the US) that you can't keep the AOS process alive. H1B allows dual intent, so you don't have the immigrant intent issue that might crop up with AOS if you had TN or F1 status. And with AOS you get the benefit of EAD and AC21, and if denied you have more appeal rights than with CP.
 
dotts04 said:
Hello:

I really need some help.

Below are some of the facts on my case:

EB3
PD: August 2002
I currently hold H1B status
I am a CANADIAN citizen Living in Windsor, ON, CANADA.
I work in Detroit, Michigan.

During the past 10 years of my green card filing, my job title has changed and my company has acquired another company and has changed names.

I was going to do the CP but my company is advising against it since there is lot of risk involved. My company is suggesting that I go with AOS since they can use AC-21 act.

Please advise. Any advise is highly appreciated.

Thank you
Click to expand...
--Go for AOS.
 
Hello:

Thank you very much.

This month's visa bulletin reflects PD (EB3 INDIA) to be 15th July 2002. My PD is 22nd August 2002.

Once my PD becomes current, What are the next steps ?

I really would like to change jobs but I do not know when during the green card process should I change my job. It has been 11 years and is it kind of frustrating.

Please advise.
 
dotts04 said:
This month's visa bulletin reflects PD (EB3 INDIA) to be 15th July 2002. My PD is 22nd August 2002.
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No, next month's PD is 15 July 2002. The October bulletin takes effect on October 1st, not right now.

Once my PD becomes current, What are the next steps ?
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File the I-485 along with the supporting forms -- I-693, G-325A, I-131, I-765. Some other documents and forms may be required for your dependents, depending on where they are (inside or outside the US) and their immigration status.

I really would like to change jobs but I do not know when during the green card process should I change my job.
Click to expand...

You can change jobs and keep the GC process alive if your I-140 is approved and it is at least 180 days after your I-485 was filed, and the next job is "same or similar" to the job described on your labor certification.
 
Thank you very much for your advise and correction.

In order to file for I485, I should be living in U.S. I am making plans to move to US but on temporary basis. Is it OK if I live with my relatives on a temporray basis and get my drive's license ? My pasport still has Windsor, ON (Canada) Address. As mentioned, I had opted to go for Condular processing, my company advised to go with AOS last month. Will this cause an issue ?

Many thanks
 
dotts04 said:
In order to file for I485, I should be living in U.S. I am making plans to move to US but on temporary basis.
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????

You previously said you have H1B status, working in Michigan. So what is the real situation?

You have to be inside the US when you file the I-485 (including when USCIS receives it), and you must be present in the US for the related formalities (medical, fingerprinting, interview -- if there is an interview), but you are not required to be permanently settled in the US before green card approval. As long as you have a valid H1B or Advance Parole, you can travel back and forth and continue to keep your main home in Canada during the process as long as you show up in the US for the relevant procedures when necessary.

My pasport still has Windsor, ON (Canada) Address.
Click to expand...
They show your address on Canadian passports?
 
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Yes, you are correct. I do have my H1B status, working in Michigan. I used to live in suburbs of Detroit , MI since 1998 when I started working for my company. My company has done my H1B and is doing my Green Card (since 2002). When I found out that my company was pursuing my Green Card in EB3 (INDIA) Category, I decided to move to Windsor, CA in 2003. Since 2003, I have been living in Windsor and am now Candian Citizen. Once we moved to Canada in 2002, I made my intentions clear to my company that I would like to pursue GC through Consular process. It was all OK until my company merged with another company in 2008 and I was promoted in 2004. This year my company lawyer called me and asked me to move to Detroit since they would like to pursue GC through AOS.

I was upset about the AOS since I might have to wait for another 1 year to get my GC. I still would like to pursue GC through Consular process but I would like feedback from experts like you.

Thank you you so much for all the advise and input.
 
So you live in Canada, but commute to Detroit regularly? Do you stay in Detroit Monday-Friday, then go back to Canada on the weekend? Or do you cross the US-Canada border daily?

When does your H1B expire, and when was the last time you entered the US with the H1B?

With the uncertainty brought by this merger, AOS is even more important since it would give you AC21 portability (after 180 days), which you don't get with consular processing.
 
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- I live in Canada and commute to Detroit daily. I have been doing this for the past 10 years now and I almost know all the border security agents.:)

- I have been on H1B since 1998. My H1B expires in dec 2011 and my company will be applying for renewal next month.
 
dotts04 said:
- I live in Canada and commute to Detroit daily. I have been doing this for the past 10 years now and I almost know all the border security agents.:)
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When filing the I-485, make sure to plan to spend a block of 48+ hours in the US, to ensure that you are present in the US when the I-485 is mailed until USCIS receives it. Leave the US a day (or more) after they receive it, so you don't complicate matters with an exit record of the same date that the I-485 arrived at USCIS.

- I have been on H1B since 1998. My H1B expires in dec 2011 and my company will be applying for renewal next month.
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Are they going to apply with premium processing? 2 months might not be enough to be approved with regular processing. While you can work with a pending H1B if it was filed before expiration of the prior one, you can't enter the US on the basis of a pending H1B.
 
Thank you very much for all your advise.

I do have questions on the below....


  1. During the filing of Adjustment of Status, I am under the impression that I will have to live is US.
  2. Also there might be instances after I file for 485, I might have to travel to China for business. Can I travel oversees ?
  3. I might have to cross the border to go to Windsor to take care of issues that I might have with the house.
  4. How soon after I file for I484 can I travel oversees ?
  5. Is there a provision that allows me to travel oversees or cross the border and visit Windsor ?
 
dotts04 said:
Thank you very much for all your advise.

I do have questions on the below....


  1. During the filing of Adjustment of Status, I am under the impression that I will have to live is US.
  2. Also there might be instances after I file for 485, I might have to travel to China for business. Can I travel oversees ?
  3. I might have to cross the border to go to Windsor to take care of issues that I might have with the house.
  4. How soon after I file for I484 can I travel oversees ?
  5. Is there a provision that allows me to travel oversees or cross the border and visit Windsor ?
Click to expand...

1. No. You only need to be present in the US for filing the I-485, and for specific procedures during the process (fingerprinting, interview etc.). You also need to be in the US to apply for and renew Advance Parole (if you're applying for it -- which should be unnecessary with your H1B). However you are still expected to maintain a US address during the process, where they will send the correspondence. And you must return to the US before your H1B expires, unless the GC is approved while you're abroad. And when the GC is approved you are expected to reside primarily in the US.

There are people in other situations who must stay in the US throughout the entire I-485 process until GC approval. But that is because they have overstayed for long enough that they would be refused reentry if they left the US before GC approval.

Then there are people who are stuck in the US for 2-3 months after filing the I-485. That is because departing the US during the I-485 process requires you to have valid H1B/H4/L1/L2 status or an approved Advance Parole (AP), otherwise the departure is considered I-485 abandonment. So if they don't have a valid H1B/H4/L1/L2, they must wait in the US for 2-3 months for the AP or H1B/H4/L1/L2 to be approved. You might find yourself in that situation if your H1B expires before the renewal is approved.

2. Yes, if your H1B or AP is approved and still valid.

4. After USCIS receives the I-485 application, if your H1B or AP is approved and still valid.

5. See #2 and 4.
 
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Thank you very much.

The EB3 PD dates (India) is not moving at all. The PD date has been July 2002 since 4 months. My PD date is Aug 22, 2002. Not sure hoe much longer I have to wait ?

Any predictions ?
 
Documents

Hello:

Quick question: During the filing of I485, do I need to submit mt Drivers' License ? I still have Canadian Driver's Lincese ? Do I need to apply for Michigan's driver's license ?

Please advise.

Thank you.
 
You don't need to show your driver's license for your I-485 process (other people in other situations such as marriage-based may have to, but not you). You can use your passport for ID. However, once your green card is approved you will be expected to have a US license if you continue to drive in the US.

I hope you've been filing US tax returns, both Federal and state level. They may ask for your tax returns during the I-485 process.
 
Hello:

Thank you very much for all your help.

Yes, I have been filing both US Federal and State taxes however, I have been filing under NON-RESIDENT category. Will this be an issue ?

Also, for the medical records that are required during filing I485, can I make an optimistic guess that my PD (22 August 2002 INDIA EB3) will be become current in Jan 2012 and make Doctor's appointment for medical records or should I wait for some kind of paper work from Immigration that I will need to take during the doctor's visit ?

Please advise.

Thank you.
 
dotts04 said:
Hello:

Thank you very much for all your help.

Yes, I have been filing both US Federal and State taxes however, I have been filing under NON-RESIDENT category. Will this be an issue ?
Click to expand...

When working with H1B you normally should file as a resident, even though the US is not your permanent home. But consult a tax professional (not H&R Blockheads!) to ask about your particular situation. In particular, find one with experience in US-Canada taxation. In some cases, filing as nonresident means you pay more than a resident, so filing amended returns as a resident could bring some big refunds (however I think you can claim refunds only for the past 3 tax years).

Also, for the medical records that are required during filing I485, can I make an optimistic guess that my PD (22 August 2002 INDIA EB3) will be become current in Jan 2012 and make Doctor's appointment for medical records or should I wait for some kind of paper work from Immigration that I will need to take during the doctor's visit ?
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You can go ahead and schedule the appointment right now. For the medical you don't need anything from USCIS except a I-693 form, which you can download and print. The medical can be done as early as 12 months before filing the I-485. I did mine 10 months ahead of time.
 
Timing question

Hello Jackolantern


Finally my PD is current.

My question is what is an estimated timing to receive Green Card once PD is current and I484 has been filed ? Will this also depend on EB category ?

Below is my cse details:

EB 3 INDIA
PD: 08/16/2002 (Became current 03/01/2012)
I485, AP filed on 03/03/2012
Recievd receipt notice on 03/07/2012

Please advise.

Thank you
 
dotts04 said:
Finally my PD is current.

My question is what is an estimated timing to receive Green Card once PD is current and I484 has been filed ? Will this also depend on EB category ?
Click to expand...

If your PD remains current and your I-140 is already approved, you can reasonably expect your green card to be approved (or denied, if it's deniable!) in 3 to 6 months after filing the I-485.

Remember that your I-485 must be pending for 180 days for you to have AC21 protection.
 
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