Help with Procedure from H1 to Consular Processing

rjo1

Registered Users (C)
Hello,

I would like to know the procedure to go for Consular Processing from H1B.

Currently my wife is on H1B.

For CP, I think some steps have changed.

What is the next step to be done from H1B to finally go to India for GC.

Thank you.
 
What is the next step to be done from H1B to finally go to India for GC.
Answer: You wife needs to apply for green card to start with which involves:
1. Labor certification which can take from 1 month to 2 years depending on where and how it is filed. Check Labor Certification thread for details

2. After 1 is complete and approved, file I-140 with CP option. I-140 clearance can again take anywhere from 2 months to 14 months depending on where and what category itis filed under and assuming there is no RFE (Request for Evidence). Check I-140 for your service center (which can be CSC, TSC, VSC, NSC)thread for details

3. After 2 is approved, it takes about 6-8 months to get CP interview. Check this thread (consualr processing) for details
 
Labor certification which can take from 1 month to 2 years depending on where and how it is filed. Check Labor Certification thread for details

-- How should the lawyer be filing it? Is there a fast processing way. My wife works in CA, but employer is in Maryland.

She is in E3 category, as she has a Bachelors degree.

Thanks.
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-- How should the lawyer be filing it? Is there a fast processing way. My wife works in CA, but employer is in Maryland.
Answer: To start with this is a question for the labor certification thread of this forum. The reason I say this is bcoz there have been a number of changes in LC applciation and rules around it since my LC was filed. Hence my answer may be uotdated and misguiding. Post this question in LC thread.

Fastest way of LC processing is called RIR. Not sure if it is possible due to the soft economy. Good thing about CSC is that 2nd stage I-140 is taking about 4-5 months but downside is LC is taking longer!
 
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