I485 or Consular processing?

P

psgc2004

Registered Users (C)
Hi, My I140 was approved this week and I was wondering what would be a better route to take: AOS or CP?
From the processing times displayed on the USCIS site, the current date for AOS is Sept 2001 and may take a couple of years for getting the GC in hand. Would getting an EAD card mean we are safe?
For consular processing, what is the risk and how long would it take to get the GC? Has the procesure changed recently. I was thinking that based on previous cases from 2001, CP takes 3-6 months- is this still the same? Any one gone for CP in India esp Chennai Consulate? Please let me know the rules and suggestions...

If anyone has gone through these processes please let me know. I would really appreciate any suggestions.

Preeti
 
Thanks. Has anyone gone for their CP interview at Chennai consulate in India recently - in the past 6 months at least. Any idea about the procedure would be helpful. Is a police certificate needed and how long did it take to get it?

My I-140 was approved this week. What do I need to do to process my case through CP? Should my lawyer file some documents like AC140 or I824? I asked my lawyer about this and she said that she wouldnt recommend this route...

I was also wondering if anyone had any idea of what AOS cases were approved recently - which yr/month - if any one knows from Nebraska Serv Ctr?

I am going through the other discussion sessions on this site, but if anyone has any suggestions/personal experience with CP or AOS process, please let me know.
 
Nowadays, CIS usually sends the approved I-140 to the National Visa Center, which then sends a letter to the lawyer to ask which route to go. If CP is chosen, NVC handles it and eventually sends the file to the consulate. If AOS is chosen, NVC sends the whole stuff back to CIS. [/B][/QUOTE]

----------

I was eligible for concurrent filing last year but due to some company legal decisions, they decided to file my I140 alone. This was in Apr 03. Since I was going to file it concurrently, I must have opted for AOS. And now, since I am going to file for the I-485 after the approval (approved in 2nd week of Feb 04); I want to change it to CP as its faster and a reasonable option given the economy. Now given the circumstances and after reading the other threads you suggested, I understand that I need to apply for I824 or AC140. What is the approx processing time for I824? You mentioned in several threads that its a long process btu is there a way for me to know how long - You also mentioned that the AC-140 is not accepted at all consulates. How do I know which one does/doesnt accept it? More specifically if someone has gone thru the process in India's Chennai consulate pls let me know. I have to go to Chennai consulate.
I haven't contacted my lawyer yet as they still havent got the approval notice from I140. I checked the status online for my case on USCIS site and hence found out about the approval. I will talk to the lawyer once she sends me an email about the approval. Thanks again for all the information.
 
Originally posted by JoeF
The note from the NVC comes after the I-140 is approved (except for people who file the I-485 concurrently.) So you should still have the option to choose without the need to file an I-824 or use AC140. Just make sure that your lawyer informs you about the note.
Click to expand...
--
I will check with her this week. Also can you give me an idea about the I824 processing time? Thanks.
The I140 time for EB2 NSC shows me that they are processing Apr 03 cases but mine was filed in July 03 and is approved. So wanted to know what kind of time frame can I expect for this process at NSC?

After reading thru most of the discussions here, I am a little confused about the CP process. Firstly, I need to get my lawyer to file I824 and then the NSc processes it. After that the packet is sent to the Indian Consulate and they will look at the info and schedule an interview date and inform me. IS this right? Will they send me a list of INS approved civil surgeons list and also talk about the documents required for the interview??

Is there any thread here that I can read to get more info about the whole process. Thanks again for being patient to answer my queries.
 
Hi, Thanks again. One last question - this may be complicated but if you could answer this. In LC, they estiamte your salary right? What if at the time I attend the CP interview, the salary is less than that estimated. Will they reject the visa based on this? Is there a relaxation range liek it would be ok to be close to the estimate by atleast 95% or so. Please let me know. Is this a major consideration for issuing the visa?
 
Originally posted by JoeF
You need a notarized job offer stating the salary of the job offered. And the salary absolutely has to be the higher of the salary mentioned on the LC or the current prevailing wage. The same is true for AOS.
The salary is not "estimated." It is the salary offered for that particular job. The LC is a binding contract. Once you become a PR, either after I-485 approval or when you enter the US with an Immigrant Visa, the employer has to pay the salary. No exceptions.
Click to expand...

IS the salary mentioned on LC and the current prevailing wage the same thing? Also it is necessary to get the specified amount once I get the immigrant visa. So here are a coupel of questions:

1) If my employer doesnt increase my sal to the specified amt on LC, then its risky to apply for CP as that will be a shorter process? If I apply for AOS, then in the 19 months - 2+ yrs processing time, my sal will automatically increment and I wont have a problem at the time of the I485 approval.
2) I need to get a letter from my employer saying that he will give me the specified amount as my annual salary in case he doesnt want to do that now. When I go for the interview, is it necessary that I have the specified amt on LC as my current salary even if its been changed 1 months prior to the interview date?

Thanks again for takign the time to reply.
 
You must log in or register to reply here.
Top