I-485 AND consular processing???

V

veryfrustrated

Registered Users (C)
I found out my lawyer has screwed up several issues on us which I am trying to sort out.

We are in the middle of renewing our L visas (RD Jan 03) and I-140 (RD Oct 02). We've been RFE'd on every petition and everything is taking longer than it should so we are STILL waiting for these approvals.

When lawyer submitted I-140, he selected processing in the the US (not consulate processing which I now understand is faster). Turns out lawyer never submitted I-485 for concurrent processing. Meantime we can't travel an my husband can't work.

I am trying to determine the fastest/best route to our green card, work auth and travel for us.

New lawyer says to change to consular processing now, more paperwork has to be filed and that will add about a year to the process to move file to consular processing.

We are Canadian, how long is Consular processing taking in the Montreal Svc Ctr?
What is this AC I-140 I've read about and can this be used instead of having to file the other form and add another year to this process?
Can I file I-485 with requests for Travel docs and EADs and also somehow pursue Consular processing?
Can you share your experiences with me as to why you selected 485 vs consular and what you think the pros and cons are?

I appreciate your feedback - thanks!
 
Originally posted by veryfrustrated
I found out my lawyer has screwed up several issues on us which I am trying to sort out.

We are in the middle of renewing our L visas (RD Jan 03) and I-140 (RD Oct 02). We've been RFE'd on every petition and everything is taking longer than it should so we are STILL waiting for these approvals.

When lawyer submitted I-140, he selected processing in the the US (not consulate processing which I now understand is faster). Turns out lawyer never submitted I-485 for concurrent processing. Meantime we can't travel an my husband can't work.

I am trying to determine the fastest/best route to our green card, work auth and travel for us.

New lawyer says to change to consular processing now, more paperwork has to be filed and that will add about a year to the process to move file to consular processing.

We are Canadian, how long is Consular processing taking in the Montreal Svc Ctr?
What is this AC I-140 I've read about and can this be used instead of having to file the other form and add another year to this process?
Can I file I-485 with requests for Travel docs and EADs and also somehow pursue Consular processing?
Can you share your experiences with me as to why you selected 485 vs consular and what you think the pros and cons are?

I appreciate your feedback - thanks!
Click to expand...

As I understand this is your present status:

* You have filed I-140 with the option for AOS (485).

* You have not filed the 485 concurrently.

Based on this the following are your choices:

1) File the 485 and apply for EAD and Advance Parole. This would
give you the AC 21 protection if needed, will allow your husband to work and you can travel on the AP.

You will get your EAD and AP in a short while(few months) but
the 485 can take anything from 15 to 24 months depending
on the service center.

The second option is:

2) Just wait for the I-140 to come through. File the Form I-824
for change of process from 485 to CP.

Then pursue the AC 140 ( Attorney certified 140) which I believe the Canadian consulate may accept {you need to research on this aspect before you make your choice}.

If they accept the AC 140 you can get your GC in about 5 months from the date of approval of your I-140.

Again the following are the main points you should research on:

1) Whether the consulates in Canada accept AC 140 cases?

2) If so will they accept with just the proof of filing of the I-824
(Note: If they want the I-824 to be approved then you are
looking at another 1 year wait. Probably the attorney is
referring to this)

Another important point is, you should be confident of holding on
to your job till you get your GC , if you take the CP route.

Go to the threads specific to consulates in Canada and you should get all this information.

Good luck.
Raju
 
Last edited by a moderator:
Thanks for your response Raju.

You suggested:
------------------------------
Again the following are the main points you should research on:

1) Whether the consulates in Canada accept AC 140 cases?

2) If so will they accept with just the proof of filing of the I-824
(Note: If they want the I-824 to be approved then you are
looking at another 1 year wait. Probably the attorney is
referring to this)
--------------------------------

I did check the Canadian Consulate threads but could not find out about 1) or 2) so I posted a new message - perhaps someone out there will have the answers.

Question about 2)
If they accept AC I-140, what other options are there other than accepting just proof of filing I-824? What else could they want/need?

Also, what happens if I lose my job in the middle of CP vs I-485? Is there a difference?

Thanks so much Raju!
 
Originally posted by veryfrustrated
Thanks for your response Raju.

You suggested:
------------------------------
Again the following are the main points you should research on:

1) Whether the consulates in Canada accept AC 140 cases?

2) If so will they accept with just the proof of filing of the I-824
(Note: If they want the I-824 to be approved then you are
looking at another 1 year wait. Probably the attorney is
referring to this)
--------------------------------

I did check the Canadian Consulate threads but could not find out about 1) or 2) so I posted a new message - perhaps someone out there will have the answers.

Question about 2)
If they accept AC I-140, what other options are there other than accepting just proof of filing I-824? What else could they want/need?

{If they accept the AC I-140 with just the proof of filing the
I-824 then what you need is:

Copy of notice of filing the I-824, and all the documents in
original including the PCCs from India and Canada apart from
other countries where you may have stayed before.

Note that the CP process in US consulates in Canada require
sending of all originals along with the Packet 3. You will find
the complete list of documents in the threads.}

Also, what happens if I lose my job in the middle of CP vs I-485? Is there a difference?

{You should give this aspect a serious throught. If you are in
the cp line and you loose(God forbid!) your job then your GC
process comes back to square one.

In 485 process once you get your EAD and complete the 180
day rule, you would be safe as long as you can find a similar
job with another company }

Thanks so much Raju!
Click to expand...

{my responses}

I am sure there would be cases of AC140 with US consulates
in Canada. May be needs a little bit of searching around.

Raju
 
{You should give this aspect a serious throught. If you are in
the cp line and you loose(God forbid!) your job then your GC
process comes back to square one.

In 485 process once you get your EAD and complete the 180
day rule, you would be safe as long as you can find a similar
job with another company }

Raju:

I think CP is my best option.

I have my own company in Canada as well as in US so I have some control over whether I will be fired or not ;)

But seriously, I am concerned as neither companies are doing well, partially due to the poor economic conditions, the weak IT sector and my inability to travel right now to keep my Canadian business afloat.

So I have been looking at moving to, or supplementing with, other business ventures or another type of work. Which I can't do now and my husband can't yet work either.

But, based on your response, if I understand correctly -- with I-485, I'd be 'stuck' for at least 180 days and, if I switched jobs, I'd have to get a new job doing the same thing - difficult in my industry in this economy. So I'd really be stuck for 2 years or so until the 485 processing was done... Or are there other options for small business owners such as myself?

So I think CP may be the best route if I can swing it.

My next step is to figure out exactly what the Cdn Consulate will accept in this case.

I'm still cursing my previous lawyer for not properly advising us! :(

I appreciate your advice! Thanks Raju.
 
Originally posted by veryfrustrated
{You should give this aspect a serious throught. If you are in
the cp line and you loose(God forbid!) your job then your GC
process comes back to square one.

In 485 process once you get your EAD and complete the 180
day rule, you would be safe as long as you can find a similar
job with another company }

Raju:

I think CP is my best option.

I have my own company in Canada as well as in US so I have some control over whether I will be fired or not ;)

But seriously, I am concerned as neither companies are doing well, partially due to the poor economic conditions, the weak IT sector and my inability to travel right now to keep my Canadian business afloat.

So I have been looking at moving to, or supplementing with, other business ventures or another type of work. Which I can't do now and my husband can't yet work either.

But, based on your response, if I understand correctly -- with I-485, I'd be 'stuck' for at least 180 days and, if I switched jobs, I'd have to get a new job doing the same thing - difficult in my industry in this economy. So I'd really be stuck for 2 years or so until the 485 processing was done... Or are there other options for small business owners such as myself?

So I think CP may be the best route if I can swing it.

My next step is to figure out exactly what the Cdn Consulate will accept in this case.

I'm still cursing my previous lawyer for not properly advising us! :(

I appreciate your advice! Thanks Raju.
Click to expand...

As you are confident about your job the cp route would be the better choice for you.

On the other hand 485 channal gives your husband to take up a job quickly. The 180 period I mentioned is not set in stone. What they say is, the INS should not be ready to adjudicate your case within 6 months and NOT find you with the sponsor.

But in these days we are not seeing any cases which are adjudicated within 6 months. However attorneys are suggesting that as a safe period to stay with the sponsor before moving on.

There is lot of material out there for you to read and use.

Officially calling yourself a business owner rather than being an employee in a particular field may not be possible till you actually get your GC.

But CP route is much faster and seems to be the right step.

Note, all the above is to point you in the right direction. Take the appropriate decision based on your case and other facts.

Good luck.
Raju
 
485 vs CP? Opinions? Experiences?

Raju:

I have an appt with a new lawyer next week and will get their opinion but will do more research beforehand. I still have a lot of 'mess' to clean up from my previous lawyer which takes precedence.

I also have no I-140 approval yet and RD was 10/25/2002! Even accounting for the delays due to my attorney screw up with RFE (approx 11 weeks) - that still seems to be taking way too long! RFE RD was 06/17/2003

I appreciate your feedback. Thanks for all your help.

Also would love to hear from anyone else who has been or is going through similar...

Thanks!
 
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