Is I-485 faster than CP now?

[gamago]

Hi,

I have a friend who just got through Labor Cert and he is asking me about my experience with Consular Process.
When I filed for CP, it was not possible to do concurrent filing for I-140 and I-485, so CP was a lot faster (despite the work permit disadvantage).

I'd like to know if this is still the case so I can advise my friend. We live in TX and he works as an Elementary Teacher.

Thanks!

 

[bjorn]

If he already lives and works in the US, I don't think he can file CP. My understanding is that CP is used only if you live abroad and file for AOS. Regardless, retrogression applies whether one files CP outside the US or at service center within the US.

 

[nato]

CP is better now

as the date a person is eligible to file 485, and then wait for x months/yrs in lieu of that he will be getting interview call at the consulate the same month and will get a GC within the same month. As a matter of fact to wait for applying 485 is very foolish now after retrogressions unless one is afraid of an entry back to US due to any conviction etc. other exception is that some new rule is passed to allow people to file 485 even while retrogressed than the 485 option is better...

Hi,

I have a friend who just got through Labor Cert and he is asking me about my experience with Consular Process.
When I filed for CP, it was not possible to do concurrent filing for I-140 and I-485, so CP was a lot faster (despite the work permit disadvantage).

I'd like to know if this is still the case so I can advise my friend. We live in TX and he works as an Elementary Teacher.

Thanks!

 

[AAKG]

new rule on applying 485

Nato, the new rule u are talking about, where in we can apply for 485 even if the the PD is not current, I think that was part of the S 1932 bill, and I heard none of the immigration related stuff got passed in the final bill. Do you know anything otherwise?

Actually, my labor was filed in April 2002, EB3, I140 approved OCt 2005. I am not able to file for I-485.

Thanks!!

as the date a person is eligible to file 485, and then wait for x months/yrs in lieu of that he will be getting interview call at the consulate the same month and will get a GC within the same month. As a matter of fact to wait for applying 485 is very foolish now after retrogressions unless one is afraid of an entry back to US due to any conviction etc. other exception is that some new rule is passed to allow people to file 485 even while retrogressed than the 485 option is better...

 

[dyingforgc]

If he already lives and works in the US, I don't think he can file CP. My understanding is that CP is used only if you live abroad and file for AOS.

bjorn, again you are wrong with your above statement or google finding. one can certainly choose between CP and AOS eventhough he/she is in US. Please don't mislead people when you don't know the correct answer.

 

[nato]

Exactly since this didnot go through wait till feb

if there is no provision for filling of 485 this is the situation people like you are in. The GC by CP route will be faster by months to years

Say hypothetically in Jan 2008 your PD became current, if at that day you applied 485 it will take another 4 months - yrs for you to get GC i.e. say Jan2009 you will get the GC, whereas you can apply for CP, you will be scheduled for interview on Jan 2008 but your security checks etc will be done and you would get your GC in Jan 2008, however as said wait for feb immigration bills status before taking this CP route.

Nato, the new rule u are talking about, where in we can apply for 485 even if the the PD is not current, I think that was part of the S 1932 bill, and I heard none of the immigration related stuff got passed in the final bill. Do you know anything otherwise?

Actually, my labor was filed in April 2002, EB3, I140 approved OCt 2005. I am not able to file for I-485.

Thanks!!

 

[bjorn]

dyingforgc

I am not saying that I know the answer. Please read the message again. I am saying " I don't think..." That's a huge difference from saying "I know." Secondly, since I clearly says "I don't think..." and "my understanding..." it clearly indicates that it's not a response based on Google search. If a statement is based on research, the sentence would read " According to..." or "As found on Google." So please, before jumping on my inputs again,, ensure that you get your semantics right.

 

[merovingian]

Nato, the new rule u are talking about, where in we can apply for 485 even if the the PD is not current, I think that was part of the S 1932 bill, and I heard none of the immigration related stuff got passed in the final bill. Do you know anything otherwise?

Actually, my labor was filed in April 2002, EB3, I140 approved OCt 2005. I am not able to file for I-485.

Thanks!!

AAKG,
Why can't you apply for adjustment of status?