Re: Waiting for EAD
Originally posted by labor2001
Hi,
I applied for I-140 on 9/14/2003
and EAD/AP/485 on 10/29/2003.
But still waiting for the EAD and AP 
Has anybody thought about going for the Consular Processing,
after the I-140 gets cleared ?
Right now it is taking around 160-200 days from I-140 date and the actual Consular interview. Sometimes this seems more attrative than waiting for !$#@@ 3 years.
cheers,
Garud
Hi Garud.
Depending on your situation switching to CP *might* make sense but I believe that the general concensus these days is that the adustment of status route is better overall (in spite of the delays). Here are the major pros/cons as I understand them in your current situation (others please feel free to add/correct):
+In order to switch to CP, you have to file an I-824 and unfortunately this form is currently taking 1-2 years to process. I believe that *some* consulates allow CP to proceed as long as you have a receipt showing you've filed the I-824 (and/or qualify for AC-140 -- I'm not sure about the details of this) but this tends to be the exception currently -- you'd have to check with your consulate. If you have to wait for 1-2 years *plus* 200 days for CP, you might be better off just waiting for the 485 to be processed (your I-140 could be approved within 1 year at the current pace).
+I *believe* that the filing of the I-824 would invalidate your I-485 (although this is the subject of some debate and this might only happen once the I-824 is actually processed). If you are depending on the pending 485 to remain in valid status (including your EAD/AP) filing for CP won't be an option (you'll need an alternative visa, e.g. H/L/O to see you through this).
+With the 485 route, you will have AC-21 portability once your I-140 is approved (as long as your 485 has been pending for > 180 days at that point). You can change to a similar job with a new employer if you want or if this becomes necessary (e.g. if your I-140 sponsor dries up) and you GC process can still suceed. If you are waiting for CP and your sponsor goes out of business, you are screwed -- your GC process is totally dead. For this reason alone, I would avoid CP unless you are absolutely certain that your sponsor's situation / future employment are assured.
+If a 485 is denied you can potentially appeal this and take steps to remain in the country. If your CP is denied, you are SOL (although properly prepared CP cases have rarely been denied in the past afaik).
+The current processing times could change. I've heard (perhaps incorrectly) that CP processing times are starting to increase. So are VSC processing times but who's to say what the situation will be 1-2 years from now.
+Also, make sure that the consulate that you'd be using really is taking < 200 days lately -- I heard/read in lots of places that Montreal was only taking a few months but when I looked at actual recent approvals it looked like the wait was more like 9+ months (and increasing).
Another alternative might be to wait until the I-140 is approved and re-evaluate then, especially if your consolate is one of the few that allows CP to proceed based upon the I-824 having been filed (by showing them the Notice of Receipt) rather than insisting it be approved.
Some of the other threads on this site will probably have more detailed information.
ETA
