PD is current. AOS or Consular Processing? What next?

san27geet

Registered Users (C)
Folks below are the questions that I have asked my lawyer and currently waiting for his repsonse. I guess this is useful for all. Me and my wife are both cuurently on H1B valid till Dec 09 and May 09.

I will appreciate if any of you can share your response so I can be more informed while I discuss with my lawyer. Thanks in advance.

Scenario 1 Opting for Consular processing
- How much time will it take from now to have the filing process complete?
- By when the US consulate @ Delhi, India will have my application?
- Assuming US consulate in India has received the papers and I am in wait process to get my interview date, while in the same time priority dates are retrogressed. Me & my wife will still remain in our respective valid status of H1B. Please confirm.
- Assuming I am informed with interview date and while waiting to travel, PD gets retrogressed. Does it mean interview dates are no more effective? Please confirm.
- Say for some unfortunate reasons the app is rejected at the consulate, can we still come back on our respective H1B from India?

Scenario 2 Opting for AOS
- How much time will it take from now to have the filing process complete?
- Which service center the papers will be filed?
- While I am in wait process, and PD gets retrogressed. I will just wait then to have dates back to current. Please confirm

Common clarifications
- I can file for EAD in both cases. Getting EAD is not dependent on what scenario we go thru OR is it only valid with AOS path. Please confirm
- What happens if we fail to apply for AOS or CP by the deadline date? Deadline date is June 30th or is it different.
 
Folks below are the questions that I have asked my lawyer and currently waiting for his repsonse. I guess this is useful for all. Me and my wife are both cuurently on H1B valid till Dec 09 and May 09.

I will appreciate if any of you can share your response so I can be more informed while I discuss with my lawyer. Thanks in advance.

Scenario 1 Opting for Consular processing
- How much time will it take from now to have the filing process complete?
- By when the US consulate @ Delhi, India will have my application?
- Assuming US consulate in India has received the papers and I am in wait process to get my interview date, while in the same time priority dates are retrogressed. Me & my wife will still remain in our respective valid status of H1B. Please confirm.
- Assuming I am informed with interview date and while waiting to travel, PD gets retrogressed. Does it mean interview dates are no more effective? Please confirm.
- Say for some unfortunate reasons the app is rejected at the consulate, can we still come back on our respective H1B from India?

Scenario 2 Opting for AOS
- How much time will it take from now to have the filing process complete?
- Which service center the papers will be filed?
- While I am in wait process, and PD gets retrogressed. I will just wait then to have dates back to current. Please confirm

Common clarifications
- I can file for EAD in both cases. Getting EAD is not dependent on what scenario we go thru OR is it only valid with AOS path. Please confirm
- What happens if we fail to apply for AOS or CP by the deadline date? Deadline date is June 30th or is it different.

Best option to file AOS, one can get EAD AP only with AOS or I-485 pending.
with CP no EAD AP and no AC21, no appeal if denied.
 
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