Dilemma: Whether to go for CP or I-485

[sp07]

Hi CP Gurus,
I am in a dilemma as to whether to pursue CP or I-485. My situation is: Having worked on H1B visa for 6 years and NOT pursuing GC, I am currently on a F1 visa. My wife\'s Labor appln is approved last week by \'Labor substitution\'. Her 6 years of H visa is expiring in Feb and the lawyer will apply for the 1 year extension and I-140 soon. We asked the lawyer if we could apply for CP (instead of AOS) since it will be faster and we could avoid the risk of 6 month period if she is laid off.
The lawyer does not recommend CP saying \'a tenious H1 situation and F1 visa status\'. He also says that 485 takes 11 months which is same for CP.

I wanted a second opinion. Is my situation risky for CP? Are there chances for rejection? Can we come back if rejected?
I sincerely appreciate all help.

 

[Patta Hara]

F-1 V/s H-1

F-1 is NON-IMMIGRATION INTENT VISA
H-1 is a dual intent visa hence allows for GC processing.

In AOS if you have filed for 485 then you can move jobs after 6 months as long they are in the same industry.
CP has been taking 5 months from 140 approval.

Hope the attachemnt can help you make a decision for CP/AOS

Patta Hara "Consular Processing vs AOS" 1/15/02 9:23pm

once you appear for interview your current visa is cancelled and If rejected you might have issues coming back. On a positive note Rejection of GC at the consulate is very rare and happens only in case of Fraud and FBI issues.(those reasons also make you ineligible for any kind of visa or stay in the US and will be an issue in AOS also)