PD is current. AOS or CP? What Next? Need Guidance...

[san27geet]

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.

 

[Nkelkar]

I will attempt to answer a few of your questions. My answers are in Red.

Scenario 1 Opting for Consular processing
- How much time will it take from now to have the filing process complete?
What have you indicated on your 140 filling ? If you indicated AOS then it will be automatically 485 filling. You can then file I-824 and request a CP. Then you would need to wait for the 824 to be approved and the case sent to NVC to be fwd to the Embassy in Delhi. Once the embassy gets it and assuming your dates are current they will schedule an interview. (Usually 2 months from when they get the case, although I have noticed that if your case makes it by the 15th of the month and your dates are current the following month you will get the appointment). If you are under the Mumbai Consulate Jurisdiction they will give you an appointment just on the 824 filling receipt. You dont need to wait for the 824 to be approved and forwarded by NVC. Not sure if Delhi Embassy does that.- By when the US consulate @ Delhi, India will have my application?
You are looking at about 8 - 10 months time Frame
- 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.
Yes your H-1 Remains valid untill you get the I-551 stamp or it expires
- 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.
The embassy publishes visa appointments by the 15th of every month for the next month only. So if your dates are going to be current in the following month you will know by the 15th of the current month about your visa appointment. You will never get scheduled for an interview unless the dates are current in the month you get the appointment. Look at my signature. Mumbai received my case in May 2005 issued me a case number. I just got scheduled for an interview for next month.
- Say for some unfortunate reasons the app is rejected at the consulate, can we still come back on our respective H1B from India?
As far as I know yes. Your existing visa's are not affected.

Scenario 2 Opting for AOS
- How much time will it take from now to have the filing process complete?
It depends on how fast your lawyer works, but from a ball park idea I would say a month before you get the 485 receipt. Then justtrackthe processing dates for 485 for your service center. I belive Most are processing Sept 2006. SO given that you are looking at around 10 -11 month before your RD on 485 becomes current and then if your PD is current say another month or so to finish the final steps
- Which service center the papers will be filed?
This I am not sure. It used to be the same service center as your 140, but I have heard that all 485 applications go to TSC[/I]
- While I am in wait process, and PD gets retrogressed. I will just wait then to have dates back to current. Please confirm
Yes that is correct

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
You can file for EAD and AP only when using the AOS path. Although if you initially filed an AOS then you can get the EAD and AP and then file the 824 to do a CP
- What happens if we fail to apply for AOS or CP by the deadline date? Deadline date is June 30th or is it different.
NO June 30th is not the deadline. Lot of people are looking at it as that as everybody is expecting the numbers to retrogress in July. You can file anytime as long as your PD is current at the time of filling.

Hope this helps