I 485 AOS/ I 824 CP ? Gurus/Experts, Opinion Please

[khush]

Concurrent Filing at TSC

EB3 RIR.
Citizen of India.
Canadian Permanent Resident

Reciept Date for I140 and I 485. - Dec. 5th 2002.
I 140 and I 765 approved on June 27th 2003.
I 131 approved on July23rd 2003.

My questions are-

1) How long app. time frame for AOS I485 process?
2) Can I switch now to Consular Processing? Pros & Cons?
3) How much time will I save moving to CP insted of 485 route?
4) Which one should be better if I can move. India(Bombay) or Canada(Montreal).

All the opinion and views is appreciated.

Thanks

Khush

 

[arcdocs]

I think you can switch from 485 to CP at any time during this process. CP might actually save you a considerable amount of time especially since TSC is now taking 32 months to process a 485. You must be sure that you have a solid case though. With a 485 the service center usually gives you an opportunity to explain any unusual circumstance by issuing a RFE. With CP, if the consular officer (usually much bettter trained and educated that an officer at a service center), is not satisfied about the validity of a case an applicant could face problems. There is always the danger that if you get denied at the interview you might not be able to re-enter the U.S.
If I am not mistaken, you would have to appear for the interview in Bombay since you are still a citizen of India.
All of the above is simply an opinion and I could be totally incorrect. You might want to consult an immigration attorney for better advice.

 

[TheRealCanadian]

Originally posted by arcdocs
If I am not mistaken, you would have to appear for the interview in Bombay since you are still a citizen of India.

If he's a Canadian PR he can do consular processing in Montreal, which has the advantage that Packet 4 is sent to NVC, not the Consulate. This means that you won't do the interview until all the documents are in order.