Labor cert approved, need to choose between AOS and Consular

I

immiUser1

New Member
Hi,

My labor cert got approved just last week. I have to decide whether to go for AOS or go for Consular processing.

The lawyers with my employer suggest to go for AOS, they are saying
"Consular processing is slowing down just like adjustment of status, and with increased security backlogs at the embassies and consulates abroad, getting an interview will take over a year. USCIS is working on their adjustment backlog, and cases are moving. The consular processing backlog is steadily increasing. We still advise against that route. "

Is this true? Does anybody has any suggestion? or do you know of somebody who has chosen consular over AOS recently....and why...

Any help would be great!

Thanks
 
immiuser:

CP after I-140 approval takes on an average 6-8 months whereas AOS approval after 485 application take about 24-30 months. There is no way CP would start taking that long. At most I foresee it being about 10 months (but this is my estimate). So cp is more favorable assuming:

1. You still maintain the job with the sponsoring company as on the date of cp approval.

2. You have no criminal violations in the past in any country or immigration violations in usa.

3. You do not have medical contagious/ communicable disease history!

I know this is a difficult decision (485 vs cp) to make but all of us have done this! ALso CP does not have the favorability of AC21 clause.
 
You do not have to decide (per-se) on what route you take for getting the Immigrant Visa till the last stage.

If you mention CP in 140 forms then changing to AOS is a piece of cake once 140 is approved.

If you mention AOS i 140 forms then changing to CP is a bit time consuming (esp. depending on if consulate of your jurisdiction does not accept AC140).

I'm not sure how will this work in simultaneous filing of 140/485. Also as kd mentioned about the AC21 favoribility, with CP filing you cannot get EADs/AP as well as need to maintain the H1 status.
 
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