DV2015 H1, CP, AOS doubts

[hopper]

Hi Everyone,

New selectee here. I have been reading the forum silently for the past month trying to navigate the process. Many thanks to all helpers - you really make everything feel less overwhelming.

I have some questions I cannot figure out by myself so your input would be greatly appreciated.

I am currently in the US and work here as an H1. My case number is EU2015****4*** . Judging by what I have read here I suppose it will get current in October. I am about to file DS260 and here come some questions.

1) If I proceed with AOS my case would be processed in NYC. From what I read and after looking at the timelines for previous years it appears that this particular FO takes a lot of time to process applications. I see a range between 3 to 6 months. My main priority in this process would be speed. So can I choose CP instead and travel back home for an interview? I plan to get a ticket after KCC sent 2NL and arrange for a two week stay to do the medicals, go to interview and collect my passport.

2) Does choosing CP over AOS while legally residing in the US bear any negative consequences? Would the Counselor question the reasons why I am doing it there as opposed to AOS? Can I be put on AP just because of that choice? I have never broken any laws and have always been in legal status here. The only reason to do CP is my desire to be done with the process (get an answer) in the fastest possible way.

3) If the interview is successful and I get the visa can I resume work immediately upon return to the US even before I have the plastic green card in hand? Would the passport stamp be enough for me to work legally as an LPR until I get the actual card ( H1 would be automatically annulled I imagine) ?

4) If the process is unsuccessful and for some reason I am not issued the visa, can I travel back to the US with my valid H1 visa?

I hope it is OK I started this as a new thread as I was not sure it belongs in the AOS one.

Your help is greatly appreciated!!

 

[Sm1smom]

1) yes you can choose to process CP.

2) no negative except if the applicant ends up being up on AP which will now prevent them from being able to return; no CO will not question choice preference; no you can't be put on AP simply for opting to do CP.

3) yes; yes; yes

4) yes, your H1 visa is a dual intent visa, you shouldn't have any problem returning in that status but bear in mind admission into the US is always at the discretion of the CBP

And the discussion would have fit right at home under the AOS thread by the way.

 

[hopper]

Thank you very much for weighing in Sm1smom, I was hoping you would advise. Couple of more questions if I may for anyone who may know.

It is my understanding that I have to have police records and criminal records from every country I have lived in in addition to home country. Do I need police records or criminal records from USA? The instructions say past and current "residents" of USA do not need police records and criminal only if convicted but the word resident makes it unclear. I am a temporary worker and resident for tax purposes.

The medical should absolutely be done at the country in which the interview would be held or can I possibly do it in the US and bring the docs back to interview location with me?

Thanks again.

 

[Sm1smom]

No, you don't need a police certificate from the US, and you shouldn't need a criminal record too, not unless you've have a criminal case in the US since living here, which I very much doubt.

Yes, medical has to be performed by a selected civil surgeon from the country where interview will be taking place, you can't take the results of a medical exam from the US back home for that purpose.

 

[hopper]

THANK YOU for the fast response!