I-485 Vs Consulor processing - please advise

E

execfromindia

Registered Users (C)
Hi All:

I am here in the US on a L1-A VISA since March 2003, and recently my employer has agreed to filing my GC. I am very new to the whole process, so i will appreciate some advise here.

In my case, the labor certification will be skipped, or so they tell me. The company will file for I-140, and I will need to file for I-485, or I can choose to go the Consular Processing route. Which one should I choose? Can someone list advantages of one over the other please?

Also, what are the mistakes i can avoid in the whole process?

Thanx in advance.

Regards
EFI
 
If you are going to start from scratch, you have possibly 2 options

1. APPLY 140/485 concurrent before Dec 31st to get EAD and AP benefits
2. Or do a 140 with CP option and then either let NVC to run your CP case or do a AC-140

Im sure if you are new to the forum some of what i mentioned above might not make a whole lot of meaning, but those are 2 options i can think
of

/S

Just an opinion not a legal consulation
 
Thanx for the quick response, but as you mention, I really do not know a lot - can u send me a pointer to a primer on these terms?
 
execfromindia.

1 - 485
*EAD is employment authorization document, permits U to work in US
*AP is advanced parole - will allow you to exit and enter US without a visa.

Both of the above have to be renewed yearly.

2 - CP
NVC - National Visa Center.

For more info on both the processes go to
http://www.immihelp.com

What category are they applying 140 under EB2 or EB3. If it is EB3 and assuming U are from India, U'll might hit the priority date issue as most likely your PD will become Jab 2005.
 
Hi Alren:

Thanx a lot for ur reply, it is very helpful, and I appreciate every bit of it.

You mention EB2/EB3. Since I am a L1-A VISA holder, and managerial transfer, that puts me in EB1 category, right? And that is good, right? Can u please tell me what that means for me in terms of GC processing.

Also, I still do not have the first question answered - can someone please give me pointers on the pros and cons of going the I-485 route Vs. the CP route? I will be very grateful. I need this info soon as I need to decide.

Best Regards
EFI.
 
Last edited by a moderator:
execfromindia said:
Hi Alren:

Thanx a lot for ur reply, it is very helpful, and I appreciate every bit of it.

You mention EB2/EB3. Since I am a L1-A VISA holder, and managerial transfer, that puts me in EB1 category, right? And that is good, right? Can u please tell me what that means for me in terms of GC processing.

Also, I still do not have the first question answered - can someone please give me pointers on the pros and cons of going the I-485 route Vs. the CP route? I will be very grateful. I need this info soon as I need to decide.

Best Regards
EFI.
Click to expand...
In my opinion, you should file both 140 and 485 concurrently. That will be easiest and most painless. You might also have some luck and get approval for 140 and 485 at the same time.
 
execfromindia.

I'm not sure about the manager = EB1.

Reason for asking the category is that recently the EB3 priority dates retrogressed to 2 years back from being current. So if you are not EB3, don't bother.

I think the site I posted will describe the pro/cons for CP vs. AOS

AOS -
pros - can apply for EAD, AP etc.
cons - might have to wait for long time for processing

CP -
pros - might be v. faster then AOS
cons - if your jobs goes, cannot transfer the case to another co., and if no H1 your are done in US.
 
Hi Guys:

Thanx for all the replies. I have one more question relating to this thread. Can people share from there experiences, what is the kind of a difference in processing times when taking I-485 Vs Consular Processing routes. I understand there are no absolutes, I am only looking for a general feel, best case/worst case scenarios.

I appreciate your responnses.

Regards
EFI.
 
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