Philadelphia Regional DOL Tracker - Old (Archived on 09/23/2004)
- Thread starter ramss
- Start date
- Status
I'm curious as to whether anyone is planning on going the CP route (as opposed to AOS / 485)?
In my own case, CP seems like the best bet. While nothing is guaranteed, our company seems to be doing well (we're actually recruiting currently) and with AOS taking 2.5 - 4 years vs about 12 months for CP (including the I-140) it seems (in our case anyway) that the main advantage of AOS (job "portability" after 180 days) is negated by the possibility (albeit probably remote) that the INS/BCIS rules could change over the next few years (e.g. I have no reason to believe this is imminent but what if there is a freeze on green card processing at some point)?
Anyone have any thoughts / comments on this?
ETA
planning on going the CP route
Hi ETA, I am also planning to go the CP route. I am expecting to get my LC approved by end of July.
Contact your attorny to get details. Basically we need to send the lastest I-94, passport, h1b, h4 ... in case any have changed to file I-140.
Which consulate you are planning to go for.
Hi ETA, I am also planning to go the CP route. I am expecting to get my LC approved by end of July.
Contact your attorny to get details. Basically we need to send the lastest I-94, passport, h1b, h4 ... in case any have changed to file I-140.
Which consulate you are planning to go for.
CONSULAR PROCESSING VS. ADJUSTMENT OF STATUS (AOS)
I was searching on web I got the following information from this web site. I really like this web site ."NOT MY LAWYERES WEB SITE
"
http://www.bakerlawcorp.com/immproc/CP VS AOS.doc
CONSULAR PROCESSING VS. ADJUSTMENT OF STATUS (AOS)
CONSULAR PROCESSING
(PROCESSING THROUGH AN AMERICAN CONSULATE ABROAD)
PROCESS:
1. I-140 is filed with INS.
2. Upon approval, INS sends the approval notice to the National Visa Processing Center (NVC). NVC will send Baker Law Corporation (BLC) a Visa Packet III on your behalf, and forward your file to the Consulate office in your country of nationality. BLC will send the Visa Packet III to you for you to complete.
3. You will complete the Visa Packet III and return it to BLC. BLC will forward the completed packet to the National Visa Processing Center (NVC)
4. Your consulate will send Appointment Package for Immigrant Visa Applicants (Formerly Visa Packet IV) to you. BLC may also receive a copy, but in many cases you will receive this Appointment Package for Immigrant Visa Applicants, containing information regarding your interview date, before the law firm does. In many instance BLC will not receive the Appointment Package at all, therefore we strongly advise you to contact our offices promptly on receipt of this package, so that we may assist you fully through the last steps of your Permanent Residency process.
Note: The processing time is unclear, as each U.S. Consulate differs in scheduling. (If you want the file to be set up in Canada, you must be a Canadian citizen or current legal landed immigrant).
PROS
„Ï Processing time may be quicker than through the traditional ¡§Adjustment of Status¡¨ process in the U.S. At present Consular Processing times vary from 6 WEEKS ¡V 24 MONTHS.
CONS
„Ï Any person not a U.S. citizen runs the risk of entry denial anytime they leave and attempt to reenter the United States.
„Ï Consular processing requires an interview. You would not have an attorney to represent you during the interview stage, since the interview would occur overseas. As a result, we have less control over the process. If documents are missing, or the Consular Officer wants additional documentation that you do not have readily available (i.e., foreign police clearance, etc.), the process may be delayed, which may require you to remain overseas until the process is complete.
„Ï There is no formal appeal process, and travel to the U.S. is forbidden, if the application is denied. The chances of appeal are very small.
„Ï Medical Exams and Fingerprints would be done at the Consulate office. Please visit the Embassy web site at http://travel.state.gov/links.html for additional information on processing as each Consular office has its own process.
„Ï All family members would be required to apply with you overseas; therefore there are additional expenses.
„Ï The Consular Process is costly due to travel and lodging expenses. Most Employers will not pay for travel expenses associated with this process. Ask your immigration specialist on your company policy.
„Ï Because often the Consulate office does not provide us with much notice on the interview date and time, last minute travel plans may be required.
„Ï No EAD card is available to employee or family members. Your spouse may not work, and your H-1 status may expire without possibility of extension.
„Ï You must obtain a police clearance from every place you have lived for longer that six months.
„Ï If you change your mind and would like to process via the Adjustment of Status process in the U.S., it is possible, however, INS may request the file from the American Embassy before adjudicating the application. Processing time will be delayed because only governmental entities can request files.
ADJUSTMENT OF STATUS (AOS)
(PROCESSING THROUGH A REGIONAL OFFICE IN THE UNITED STATES)
PROCESS:
1. Application is filed with a Service Center in the United States, once the I-140 is approved.
2. Baker Law Corporation (BLC) mails you a copy of the I-140 Approval Notice, along with medical exam forms (I-693) and several blue ¡§Notices of Appearance¡¨ (G-28).
3. You will complete Permanent Resident Status Application Questionnaires for yourself and each family member (downloadable from our website), and return them to BLC, so that we can complete the necessary forms for filing.
(Alternatively, you can expedite the process by downloading the forms and completing them yourself, then returning the completed forms to BLC)
4. You will gather the documents shown in the AOS checklist and return them to BLC.
5. BLC will complete the process of filing your application.
PROS
„Ï More control over the case and everything is handled within the U.S.
„Ï Employment Authorization Documents (EAD cards) are available to you, your spouse, and children 16 years or over, and are annually extendable.
„Ï Effective 7/1/99 ¡V international travel allowed with:
Valid H-1B or L-1 visa and original AOS receipt; or
Special Advance Parole (required if you are working on an EAD card).
„Ï H-1B extensions may be available beyond the 6th year with company approval.
„Ï An appeals process is available, and you are able to stay in the U.S. during the appeals process.
„Ï Portability of Visa is available, however INS has not finalized its rules on this issue. Contact BLC before using this option.
„Ï Filing a valid AOS application allows you to maintain valid status in the U.S.
„Ï No police clearances are required for previous residences in the U.S.
„Ï Age-out process may be expedited.
CONS
„Ï INS is currently taking from 6 months to two years to process Adjustment of Status applications. Priority processing of other types of non-immigrant benefits may take precedence over Adjustment of Status processing.
„Ï If you change your mind and want to file your application for permanent residency status via Consular processing as discussed above it is possible, however, to do so your employer must file Form I-824 to have the file transferred from the INS Service Center in the U.S. to the Consulate in your country of residence. Processing time of Form I-824 may be 12 months or more. Please consult with your attorney before filing form I-824.
You will be eligible to apply for ¡§Adjustment of Status¡¨ to permanent residence within the U.S. if you have worked in the U.S. without INS authorization, or have failed to maintain your non-immigrant status in the U.S. for six months or longer. If this applies to you or one of your dependents, please contact our office at (408) 971-0282, as you will be required to apply for residency status using the ¡§Consular Processing¡¨ option at the American Embassy in your home country.
I was searching on web I got the following information from this web site. I really like this web site ."NOT MY LAWYERES WEB SITE
"http://www.bakerlawcorp.com/immproc/CP VS AOS.doc
CONSULAR PROCESSING VS. ADJUSTMENT OF STATUS (AOS)
CONSULAR PROCESSING
(PROCESSING THROUGH AN AMERICAN CONSULATE ABROAD)
PROCESS:
1. I-140 is filed with INS.
2. Upon approval, INS sends the approval notice to the National Visa Processing Center (NVC). NVC will send Baker Law Corporation (BLC) a Visa Packet III on your behalf, and forward your file to the Consulate office in your country of nationality. BLC will send the Visa Packet III to you for you to complete.
3. You will complete the Visa Packet III and return it to BLC. BLC will forward the completed packet to the National Visa Processing Center (NVC)
4. Your consulate will send Appointment Package for Immigrant Visa Applicants (Formerly Visa Packet IV) to you. BLC may also receive a copy, but in many cases you will receive this Appointment Package for Immigrant Visa Applicants, containing information regarding your interview date, before the law firm does. In many instance BLC will not receive the Appointment Package at all, therefore we strongly advise you to contact our offices promptly on receipt of this package, so that we may assist you fully through the last steps of your Permanent Residency process.
Note: The processing time is unclear, as each U.S. Consulate differs in scheduling. (If you want the file to be set up in Canada, you must be a Canadian citizen or current legal landed immigrant).
PROS
„Ï Processing time may be quicker than through the traditional ¡§Adjustment of Status¡¨ process in the U.S. At present Consular Processing times vary from 6 WEEKS ¡V 24 MONTHS.
CONS
„Ï Any person not a U.S. citizen runs the risk of entry denial anytime they leave and attempt to reenter the United States.
„Ï Consular processing requires an interview. You would not have an attorney to represent you during the interview stage, since the interview would occur overseas. As a result, we have less control over the process. If documents are missing, or the Consular Officer wants additional documentation that you do not have readily available (i.e., foreign police clearance, etc.), the process may be delayed, which may require you to remain overseas until the process is complete.
„Ï There is no formal appeal process, and travel to the U.S. is forbidden, if the application is denied. The chances of appeal are very small.
„Ï Medical Exams and Fingerprints would be done at the Consulate office. Please visit the Embassy web site at http://travel.state.gov/links.html for additional information on processing as each Consular office has its own process.
„Ï All family members would be required to apply with you overseas; therefore there are additional expenses.
„Ï The Consular Process is costly due to travel and lodging expenses. Most Employers will not pay for travel expenses associated with this process. Ask your immigration specialist on your company policy.
„Ï Because often the Consulate office does not provide us with much notice on the interview date and time, last minute travel plans may be required.
„Ï No EAD card is available to employee or family members. Your spouse may not work, and your H-1 status may expire without possibility of extension.
„Ï You must obtain a police clearance from every place you have lived for longer that six months.
„Ï If you change your mind and would like to process via the Adjustment of Status process in the U.S., it is possible, however, INS may request the file from the American Embassy before adjudicating the application. Processing time will be delayed because only governmental entities can request files.
ADJUSTMENT OF STATUS (AOS)
(PROCESSING THROUGH A REGIONAL OFFICE IN THE UNITED STATES)
PROCESS:
1. Application is filed with a Service Center in the United States, once the I-140 is approved.
2. Baker Law Corporation (BLC) mails you a copy of the I-140 Approval Notice, along with medical exam forms (I-693) and several blue ¡§Notices of Appearance¡¨ (G-28).
3. You will complete Permanent Resident Status Application Questionnaires for yourself and each family member (downloadable from our website), and return them to BLC, so that we can complete the necessary forms for filing.
(Alternatively, you can expedite the process by downloading the forms and completing them yourself, then returning the completed forms to BLC)
4. You will gather the documents shown in the AOS checklist and return them to BLC.
5. BLC will complete the process of filing your application.
PROS
„Ï More control over the case and everything is handled within the U.S.
„Ï Employment Authorization Documents (EAD cards) are available to you, your spouse, and children 16 years or over, and are annually extendable.
„Ï Effective 7/1/99 ¡V international travel allowed with:
Valid H-1B or L-1 visa and original AOS receipt; or
Special Advance Parole (required if you are working on an EAD card).
„Ï H-1B extensions may be available beyond the 6th year with company approval.
„Ï An appeals process is available, and you are able to stay in the U.S. during the appeals process.
„Ï Portability of Visa is available, however INS has not finalized its rules on this issue. Contact BLC before using this option.
„Ï Filing a valid AOS application allows you to maintain valid status in the U.S.
„Ï No police clearances are required for previous residences in the U.S.
„Ï Age-out process may be expedited.
CONS
„Ï INS is currently taking from 6 months to two years to process Adjustment of Status applications. Priority processing of other types of non-immigrant benefits may take precedence over Adjustment of Status processing.
„Ï If you change your mind and want to file your application for permanent residency status via Consular processing as discussed above it is possible, however, to do so your employer must file Form I-824 to have the file transferred from the INS Service Center in the U.S. to the Consulate in your country of residence. Processing time of Form I-824 may be 12 months or more. Please consult with your attorney before filing form I-824.
You will be eligible to apply for ¡§Adjustment of Status¡¨ to permanent residence within the U.S. if you have worked in the U.S. without INS authorization, or have failed to maintain your non-immigrant status in the U.S. for six months or longer. If this applies to you or one of your dependents, please contact our office at (408) 971-0282, as you will be required to apply for residency status using the ¡§Consular Processing¡¨ option at the American Embassy in your home country.
CP after I-140
Great info, Here is what I have collected from diff web sites.
If opting for CP in I-140, this is what happens after approval.
- After 2 weeks of I-140 approval, Call NVS if they have received a Pack from INS.
- Once NVC receives the Pack, they will send a letter to the Attorney saying that "You're eligible to process your final stage (through AOS) in the US, Are you sure you want to still do consular processing."
- Tell Attorney to reply 'YES' right away
- Call back NVS in 3 week if they have received a YES for CP.
- Then NVS sends the Pack3 to you and consulate in India.
- Then you fill the pack3 and send it to consulate.
- Upon receiving Pack3 from you and the NVS, consulate will send you a Pack4(invitation for interview).
Also, one can do AC140 after I-140 WITHOUT 824 receipt (since you had opted for CP in 140). So, if you can convince your attorney to send the papers directly to consulate for AC140 instead of waiting for NVC route, it may save you a couple of months....just a suggestion.
824 is where you're telling INS you want CP instead of AOS (if you chose AOS in I-140 application, but if you had already chosen CP in I-140 then no need to wait for 824).
Document requirements for AC140 are very simple.
Basically its packet-3 (ds230-part I)
letter from attorney,
copy of passport pages (with address) to indicate that you do fall into their jurisdiction,
copy of I-140 approval notice (they ask for original on the website but we didnt send the original and that was okay), etc.
BTW, we kept NVC process going until the point where Mumbai accepted the case.
Not all consulate accept AC140 (mumbai does)
good luck.
Great info, Here is what I have collected from diff web sites.
If opting for CP in I-140, this is what happens after approval.
- After 2 weeks of I-140 approval, Call NVS if they have received a Pack from INS.
- Once NVC receives the Pack, they will send a letter to the Attorney saying that "You're eligible to process your final stage (through AOS) in the US, Are you sure you want to still do consular processing."
- Tell Attorney to reply 'YES' right away
- Call back NVS in 3 week if they have received a YES for CP.
- Then NVS sends the Pack3 to you and consulate in India.
- Then you fill the pack3 and send it to consulate.
- Upon receiving Pack3 from you and the NVS, consulate will send you a Pack4(invitation for interview).
Also, one can do AC140 after I-140 WITHOUT 824 receipt (since you had opted for CP in 140). So, if you can convince your attorney to send the papers directly to consulate for AC140 instead of waiting for NVC route, it may save you a couple of months....just a suggestion.
824 is where you're telling INS you want CP instead of AOS (if you chose AOS in I-140 application, but if you had already chosen CP in I-140 then no need to wait for 824).
Document requirements for AC140 are very simple.
Basically its packet-3 (ds230-part I)
letter from attorney,
copy of passport pages (with address) to indicate that you do fall into their jurisdiction,
copy of I-140 approval notice (they ask for original on the website but we didnt send the original and that was okay), etc.
BTW, we kept NVC process going until the point where Mumbai accepted the case.
Not all consulate accept AC140 (mumbai does)
good luck.
Good work Allsucks,
I also planing to go to CP.
I-485 takes around 2 years and there are huge backlogs.
The processing speed is getting slower. We may wait more than 2 years if we go to I-485.
But, in my home country, CP takes JUST 8 months.
And I saw many people who have got Greencard without any problems.
I also planing to go to CP.
I-485 takes around 2 years and there are huge backlogs.
The processing speed is getting slower. We may wait more than 2 years if we go to I-485.
But, in my home country, CP takes JUST 8 months.
And I saw many people who have got Greencard without any problems.
Good work Allsucks,
I also planing to go to CP.
I-485 takes around 2 years and there are huge backlogs.
The processing speed is getting slower. We may wait more than 2 years if we go to I-485.
But, in my home country, CP takes JUST 8 months.
And I saw many people who have got Greencard without any problems.
I also planing to go to CP.
I-485 takes around 2 years and there are huge backlogs.
The processing speed is getting slower. We may wait more than 2 years if we go to I-485.
But, in my home country, CP takes JUST 8 months.
And I saw many people who have got Greencard without any problems.
Originally posted by yhcheong
Good work Allsucks,
I also planing to go to CP.
I-485 takes around 2 years and there are huge backlogs.
The processing speed is getting slower. We may wait more than 2 years if we go to I-485.
But, in my home country, CP takes JUST 8 months.
And I saw many people who have got Greencard without any problems.
Good luck with your future stages...
- Status