For India Stay switching from AOS to CP. Please Advise

[sandeep_wxyz]

First, Highly appreciate your patient reading.


-I have a stamped H1B valid thru Jan2010.
-We (wife on H4) have filed for greencard thru Adjustment of Status.
(Current processing date is Feb2004. My Filing is Jan2006. Approx/WAG 2 more years to get GC)
-We both have EAD/AP approved thru 2010, but still not utilized.

For family reasons, I am considering to leave the job, move to India with family, till above period.

Hence considering to switch to "Consular Processing".

Can I please be helped with following questions...

Q#1 Will switching from AOS to CP,allow me to be In India without US job till I get my GC ? Or Am I missing some legal/practical fact which may not allow me to do so ?

Q#2 Is there any potential risk involved in switching from AOS to CP ?

Q#3 Must I have the same job..or any job, while switching from AOS to CP?

Q#4 Must I have any US job after switching till, and at the point when I get GC ?

Q#5 If I start today,what'd be approximate time involved in switching ?

Q#6 Is there any way involved, by which If I wish I could still visit USA before getting GC.

Q#7 Is there alternate (to consular processing) legal and practical way by which we can still stay in India till we get

GC?

Q#8 What'd be necessary steps to switch from "Adjustment of Status" to "Consular Processing" ? (Links also'd be

appreciated)

Q#9 Any sample I-824 filled by somoeone involved in similarsituation will be very helpful


Q#10 shall I be required to perform additional action apart from I-824, to ensure that my case has been switched from AOS to AP ?

Q#11 After switching, how will I be able to keep track of our GC progress from India ?

Q#12 How much added (approx/WAG) delay would be involved in switching from AOS to CP ?

Q#13 Is it more difficult to get GC thru consular processing, than thru "AOS" ?


Q#Q14 Alternatively, is there a practical and legal way by which I can maintain my AOS, leave the job, go to and be in India till I get my GC (approx 2 years) ?

Q#15 Likely there may be someone else who has been in my shoes. I'll appreciate any link to such thread(s).


Currently I am in USA, wife (with US born kid) is in India.

Thanks

 

[sandeep_wxyz]

Hi.
Could I please be helped by some of the above questions ?
(Yes, I did some reading on this forum and on "immihelp" but could not find all of the answers specially critical ones...)

Thanks again.

 

[TheRealCanadian]

Q#1 Will switching from AOS to CP,allow me to be In India without US job till I get my GC ?

Sure.

Q#2 Is there any potential risk involved in switching from AOS to CP ?

Yes, the loss of your sponsor.

Q#3 Must I have the same job..or any job, while switching from AOS to CP?

You must have the same job. If you go the CP route, AC21 portability does not over you.

Q#4 Must I have any US job after switching till, and at the point when I get GC ?

Nope.

Q#5 If I start today,what'd be approximate time involved in switching ?

You file an I-824, then wait for the PD to become current.

Q#6 Is there any way involved, by which If I wish I could still visit USA before getting GC.

Doubtful you'd qualify for a B visa.

Q#7 Is there alternate (to consular processing) legal and practical way by which we can still stay in India till we get GC?

Not really.

Q#8 What'd be necessary steps to switch from "Adjustment of Status" to "Consular Processing" ? (Links also'd be appreciated)

File an I-824.

Q#10 shall I be required to perform additional action apart from I-824, to ensure that my case has been switched from AOS to AP ?

Nope.

Q#11 After switching, how will I be able to keep track of our GC progress from India ?

Read the Visa Bulletin every month.

Q#12 How much added (approx/WAG) delay would be involved in switching from AOS to CP ?

Since you're probably limited by the PD, not really.

Q#13 Is it more difficult to get GC thru consular processing, than thru "AOS" ?

Perhaps - you'll need to ensure your old job offer remains valid, and you'll need to convince the consular officer of this if you've been abroad for several years.

Q#Q14 Alternatively, is there a practical and legal way by which I can maintain my AOS, leave the job, go to and be in India till I get my GC (approx 2 years) ?

Not really.

 

[sandeep_wxyz]

Hi 'TheRealCanadian'
Thanks for taking time to respond pointwise.

Q#2.1
Relating your comment made to Q#1 and Q#2 below, I'll appreciate further insight to below
(Q#1) I'll be able to stay in India till I get GC, without US job.
(Q#2) But you indicated risk of possible loss of sponsor.
What exactly does it mean?

Q#2.2
I currently have the same job.
Does it mean that,..."Once I file for CP, no matter what I am doing in between...starting now, I must be able to convince during the interview that EXACT SAME employer would offer me the similar job" ?

Q2.3
Given the above case...
If my employer offers me the letter TODAY....that after I leave them today, they'll offer me the job after my GC is done (2 years from now), may it work?
The letter would have gone quite old by that time ?

Q2.4
I do see an option that, after 2 years asking my employer to give me rejoining letter.
But, during these 2 years, my associates within current company may not be there anymore, even my company may not be there in this dynamic economy.
If I still choose to go with CP, what's the practical resolution such situation ?
Thank you again.
best regards

 

[TheRealCanadian]

Hi 'TheRealCanadian'
What exactly does it mean?

It means that if your sponsoring employer is no longer interested in hiring you, your GC process is dead and you start from square one.

[qupte]Does it mean that,..."Once I file for CP, no matter what I am doing in between...starting now, I must be able to convince during the interview that EXACT SAME employer would offer me the similar job" ?[/quote]

You must be able to convince the consular officer that you will get the exact same job from the exact same employer as in your LC.

The letter would have gone quite old by that time ?

You'll need a recent letter.

But, during these 2 years, my associates within current company may not be there anymore, even my company may not be there in this dynamic economy.

Hence the risk I mentioned earlier of losing your sponsor.

If I still choose to go with CP, what's the practical resolution such situation ?

There is none, save staying in the US and doing AOS.

 

[robinson61]

Cp

Hello Sandeep,

Unless you really have to leave , I suggest you not leave US until you get your GC. I left US when the PD was 1999( my PD is june 2005) since my attorney told me that it would take years to become current. In my honest opinion, I-824 is a long process and there is no guarantee that your attorney or your employer will take the same interest in your paperwork once you leave US. I-824 takes about 18month(in our case it was transferred from VT to TSC), it takes a long time(again no guarantees)for a approved I-824 to be transferred to NVC, there are too many cracks in the process and you never know the outcome. It is with my own personal experience, i sincerely suggest that you not leave US, i know how hard it is to come to US and what you go thru' to get GC, i would suggest, hang in there, do not leave, just give it some time and the dates will become current and you will get your GC. It is very hard to move back and forth to US and India in these times. Please do not make the mistake i made.

let me know if i can be of any help.

Good luck and stay strong.

 

[sandeep_wxyz]

CP with AC-140

Hi Robinson.
I highly appreciate your sharing personal experience to help me understand it little clearer. It is helpful input.
I am also sadly surprised and unclear by the mention of time...18 months to get I-824 to be processed.
Q3.1 Would you consider it as an exceptional case or usual ?

With time gap of possible 2 years (my filing=01/2006...current date=02/2004)
I am sincerely considering the option of - switching from AOS to consular processing thru I-824 and thru AC-140 .
I believe that I have and can justify with valid reasons, the hardships in my endeavors caused due to delays in the process, to be eligible for AC-140.

Q3.2 It is my interpreatation from primary reading that with AC-140, I may not have to wait for I-824 approval, and just receipt of application is ok ?
Any opinion on this ?

Q3.3 My assumption is with CP+AC140, you do not need to wait till priority date becomes current? Is it correct assumption ?

As you hinted rightly, The serious catch I have is ...If I go this route....then to be with my employer company till then.....1 year? 2 years ?...and to hope that the employer company does not get killed due to economic conditions.

Q3.4 Any opinion/idea about how much time it may take for route of CP + AC140?

Q3.5 It is my assumption that my AOS valid thru Oct 2010 will be invalid once I apply for I-824 . Is it correct ?

 

[sandeep_wxyz]

Anyone ?

..who could throw some light on these please ?

Thanks

 

[TheRealCanadian]

I am also sadly surprised and unclear by the mention of time...18 months to get I-824 to be processed.

I-824s take a while. But if your PD isn't current, so what?

It is my interpreatation from primary reading that with AC-140, I may not have to wait for I-824 approval, and just receipt of application is ok ? Any opinion on this ?

That's correct. But the question is whether the consulate will accept it.

Q3.3 My assumption is with CP+AC140, you do not need to wait till priority date becomes current? Is it correct assumption?

No. The PD must be current for you to have an interview.

As you hinted rightly, The serious catch I have is ...If I go this route....then to be with my employer company till then.....1 year? 2 years ?...and to hope that the employer company does not get killed due to economic conditions.

yup. It is a significant risk.

Q3.5 It is my assumption that my AOS valid thru Oct 2010 will be invalid once I apply for I-824 . Is it correct ?

That is correct. I am confused, why are you talking about an AOS "valid through" a certain date? An adjustment is pending and valid until approved or denied.

 

[sandeep_wxyz]

Thanks for reply.
Yes, I should say 'valid till'.

Assuming for time being, that my employer is willing to provide the offer letter
now, what'd be the chances that it will be acceptable at the time of interview ?

If not,
Assuming that my employer after 2 years of break (is in good shape and we are mutually interested & employer) is willing to re-employ me at that time, and to provide the offer letter at the time of the interview, what would be other further difficulties that I may be overlooking ?

best regards