I-485 or Consular Processing? Please Advise

[Atkins]

Hi,

I've just begun the process of applying for my green card under EB-2 category and will be filing for my labor certificate on April 09, 2007. So that will be my priority date. I am in the final sixth year of my H-1B status and have exactly a year left. I am aware that I can renew my status at one-year increments at the end of March 2008 until a final decision on my green card is made. Given the existing cut-off date for Indian nationals is Jan 2003, I anticipate at least two years of wait time until a visa number even becomes available. I have three loaded questions for the experts on this forum:

1. I am intending to take a year or two break for personal reasons and leave the country when my H-1B ends in 03/2008 i.e. assuming I don't apply for any extensions. By doing so will I be jeopardizing my green card process? It is very likely my company will be interested to seek extensions but I may be not.

2. If the answer to the first question is no, then can I apply for Advanced Parole (AP)? I am under the impression that one can apply for an AP only after I-485 (Adjustment of Status) is filed - is that correct? Now that USCIS does not allow concurrent filing of I-485 with I-140, it appears I'll be ineligible to apply for AP even after my LC and I-140 are approved. Besides, I need to wait 2 years for the visa number to be available and subsequently file I-485.

3. Assuming I have LC/I-140 approved before my H-1B 6-year limit expires, can I leave the country and choose to apply for adjustment of status through Consular Processing (CP) and then enter the country legally? That way I don't need to apply for an AP if in fact it is pertinent to I-485 filing.

Any response to the above questions will be highly appreciated.

Thanks

 

[rollingstone]

EB2 India will not get to 2007 in 2 years. Barring some exceptional event like a change in the law, the estimated time is 15 to 20 years.

 

[Atkins]

You should be joking! I realize the cut off date for India is not going to move to 2007 until after 2009 but it definitely can't take as long as you think. It is very likely I'll be able to file for I-485 or go in for Consular Processing sometime in 2010. In any case, I am trying to find out if employment-based immigrant petitions are eligible for Consular Processing.

 

[ginnu]

Hi,

I've just begun the process of applying for my green card under EB-2 category and will be filing for my labor certificate on April 09, 2007. So that will be my priority date. I am in the final sixth year of my H-1B status and have exactly a year left. I am aware that I can renew my status at one-year increments at the end of March 2008 until a final decision on my green card is made. Given the existing cut-off date for Indian nationals is Jan 2003, I anticipate at least two years of wait time until a visa number even becomes available. I have three loaded questions for the experts on this forum:

1. I am intending to take a year or two break for personal reasons and leave the country when my H-1B ends in 03/2008 i.e. assuming I don't apply for any extensions. By doing so will I be jeopardizing my green card process? It is very likely my company will be interested to seek extensions but I may be not.

2. If the answer to the first question is no, then can I apply for Advanced Parole (AP)? I am under the impression that one can apply for an AP only after I-485 (Adjustment of Status) is filed - is that correct? Now that USCIS does not allow concurrent filing of I-485 with I-140, it appears I'll be ineligible to apply for AP even after my LC and I-140 are approved. Besides, I need to wait 2 years for the visa number to be available and subsequently file I-485.

3. Assuming I have LC/I-140 approved before my H-1B 6-year limit expires, can I leave the country and choose to apply for adjustment of status through Consular Processing (CP) and then enter the country legally? That way I don't need to apply for an AP if in fact it is pertinent to I-485 filing.

Any response to the above questions will be highly appreciated.

Thanks

first get your LC filed and approved then I-140 approved and then post other questions.
I-485 can only be filed if you are in US and if PD is current

 

[rollingstone]

Sigh..

This topic has been discussed many times in various forums including this one. Search with some appropriate keywords and you'll find a similar answer.

Basically, in 1999 and 2000 and few other years the H1-B visa quota was around 100,000. (Forgot the exact date and number but it's a good approximation). In one year it was almost 200,000. Each applicant brought in one spouse and in some cases children. In addition, people came in using L1 and other visas. Everyone applied for greencards. Remember spouses and children each use up one immigrant visa. It is estimated that roughly 50% were from India.

Now the per country visa limit is about 7000 per year (again, don't remember exact numbers). So we have many hundreds of thousands of people waiting for greencard from India alone, and just 7000 per year visa limit. You do the math.

Other countries were also affected but not as badly as India.

Oh, and by the way if you're thinking I'll get citizenship from so and so country, and then I won't be affected by the India numbers, it won't work - because your chargeability area depends your place of birth, not your current citizenship.

Welcome to America.

You should be joking! Your response just doesn't make sense at all. It is rather vague and pointless. I realize the cut off date for India is not going to move until may be the end of 2009 but surely I hope to be able to file I-485 or go in for Consular Processing thereafter. You should research before you provide erroneous information to people.

 

[TheRealCanadian]

So we have many hundreds of thousands of people waiting for greencard from India alone, and just 7000 per year visa limit. You do the math.

Anyone who attempts to make authoritative predictions of the future based on current situations is being foolish. If you would have told me in 1999 that all priority dates would be current two years later, I would have laughed at you. If in 2003 you told me that EB3 for Canada would be backlogged, I again would have laughed. The one constant over the years has been changes in the dates based on demand and statutory changes. The only consistently accurate prediction over the years is that the wait will change.

Let me add that the H-1B quota being consumed within hours is an excellent development - with the H-1B being essentially unusable, it provides additional pressure for increasing EB numbers.

 

[Atkins]

Sigh..

Oh, and by the way if you're thinking I'll get citizenship from so and so country, and then I won't be affected by the India numbers, it won't work - because your chargeability area depends your place of birth, not your current citizenship.

Welcome to America.

phew...

I see what you're indicating but they're neither my thoughts nor intentions. May be it does take several years for the present EB2-India cut off date to get to 2007. Nevertheless, what I am trying to investigate most importantly is whether an employment-based immigrant petition is eligible for Consular processing or not.

 

[ginnu]

phew...

I see what you're indicating but they're neither my thoughts nor intentions. May be it does take several years for the present EB2-India cut off date to get to 2007. Nevertheless,

what I am trying to investigate most importantly is whether an employment-based immigrant petition is eligible for Consular processing or not.
--------------------eligible and at the time of Interview of immigrant visa with US consulate you will need recent Permanent job offer letter from employer and it should be notarized. you will also need other documents. search for CP processing. with CP no AC21, No EAD or AP if any problem no appeal.

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[rollingstone]

These are not authorative predictions. These are estimates based on numbers we have now. The law may or may not change in the future. We have no idea about that now.

Anyone who attempts to make authoritative predictions of the future based on current situations is being foolish. If you would have told me in 1999 that all priority dates would be current two years later, I would have laughed at you. If in 2003 you told me that EB3 for Canada would be backlogged, I again would have laughed. The one constant over the years has been changes in the dates based on demand and statutory changes. The only consistently accurate prediction over the years is that the wait will change.

Let me add that the H-1B quota being consumed within hours is an excellent development - with the H-1B being essentially unusable, it provides additional pressure for increasing EB numbers.