I-485 Vs Cp

[m_img]

I just come to know that I-485 is preferred over CP. The argument is made because of AC21 and CP takes 12-18 months while AOS takes 8-12 months.

I seem to recall that Hadron or someone have posted earlier that if visa numbers for a country is current, one can plan to schedule CP interview 3 years + 1 day.

Can someone explain how this could be achieved? when they talk about that CP takes 12-18 months, are they talking about that it takes that long to get appointment for interview?

I know you mention on your I-140 intention for CP. But what happens after that... please share your experiences

Thanks,

 

[psychmd7]

my understanding of it is that I-485 is preferred because you can stay in the country and apply for an EAD (can be used only after 3 years of J1 waiver). visa numbers have to be current to apply for I-485 and the process takes a year.

once I-140 is filed and you indicate CP, then once the petition is approved, and if visa numbers are current, you can schedule an appointment at a US consulate. J1 waiver folks can't do this until waiver is completed. (thus, the 3 years +1 day)
if it is NIW, then the application will stay at the US consulate until the 5 year period.

 

[m_img]

once I-140 is filed and you indicate CP, then once the petition is approved, and if visa numbers are current, you can schedule an appointment at a US consulate. J1 waiver folks can't do this until waiver is completed. (thus, the 3 years +1 day)

3 years+1 day.... Is this day when you can call/online to schedule an interview? Or you can schedule an interview earlier and the interview could be on 3 years+1 day.

If later is true, how do you schedule an interview and when in your 3rd year you can request an interview?

Thank you,

 

[hadron]

The long times for CP happen if you are from countries with many family immigrants such as the philipines, india, china etc.

If you are from an 'immigration backwater' where you can schedule CP interviews directly with the consulate and there are only a couple of weeks of waiting, it beats AOS any day.

Some attorneys prefer AOS because they have more opportunities along the way to bilk you out of some of your hard-earned money (repetitive EADs, advance parole documents etc.). Given that recently people apparently get f#)(_ over by USCIS with tardy and slow EAD renewals while they abolished the interim EAD, I consider AOS a very risky option.

Other attorneys recommend AOS because you have better options for recourse if the service f#)_(s up (as they inevitably will). With AOS, you are at least legally in the country if your file gets lost. If you however go to your CP interview and somehow one of the infinite reasons why they can't issue a visa today is invoked (lincolns birthday, a storm in nebraska, 'no number attached'), you are stuck abroad and you might get rescheduled 2 months later or you are just told 'call us back in 90 days'.

Actually, in the J1waiver+CP scenario, you can have you interview apparently even before the 3years are up. The validity of your immigrant visa apparently doesn't start until 3years+1 day. Different consulates, different rules. Most probably would turn you away if you come before the 3 years, but some people here have posted that they had their interview 6 weeks before the 3 years where up. They then returned on their H1b and just made a little trip to niagara falls in order to re-enter on the immigrant visa.

 

[m_img]

Actually, in the J1waiver+CP scenario, you can have you interview apparently even before the 3years are up. The validity of your immigrant visa apparently doesn't start until 3years+1 day. Different consulates, different rules. Most probably would turn you away if you come before the 3 years, but some people here have posted that they had their interview 6 weeks before the 3 years where up. They then returned on their H1b and just made a little trip to niagara falls in order to re-enter on the immigrant visa.

Thanks hadron,

How does this work? After I-140 is approved and you mark "CP" on it. I suppose you have to call/on the web? for appointment. In J1waiver scenario, when should you call after I-140 approval? When you call, US Embassy would have all the papers? Do they check that or do they just give the next appointment?

Can anyone who has gone through this list steps... Thank you.