Is CP better than AOS?

[can99]

Hi,

I'm on TN now and also filed a PERM recently. I'm wondering if anyone can help me to get an idea of the processing time if I choose Consular Processing rather than AOS. I'm Canadian so Montreal is the one.

Thanks a lot!

 

[TheRealCanadian]

Your processing time will depend most significantly on what category you file under, not whether you do CP or AOS.

 

[can99]

Oh sorry, I'm on EB2. Appreciate any help, Thanks!

 

[GotPR?]

WIth CP, you can not file I-140 and immigration visa concurrently, which means you have to wait for I140 approval before going to CP. If you are on EB2, you can file I140/I485 together and I don't think CP can be much faster than AOS.
Plus, there is no AC21 benefit with CP.

 

[can99]

Wow this forum is Great, thanks a lot folks.

GotPR, if I can ask another question, what is AC21?

Thanks again!

 

[GotPR?]

AC21 I refered to is that you can safely leave the employer once your I485(AOS) reached 180 days pending. It won't affect your GC process.
However, if you have to leave the employer before your immigrant visa gets approved when you choose CP, your GC process will be in danger. So, I'd recommend AOS if you are already working for the employer.