Please help with the decision!

P

partagas

Registered Users (C)
Dear experts in this forum,

My wife is expecting to get her LC certified in September 05 through PERM. We are debating which route to take, AOS or Consular. Here is the situation:

In March 2003, I was laid off from company A and it took me 3 months to find a new job. I had a valid visa at the time I sat at home. I found a job in May 2003 and at the end of 2003 since my first 3 years on H1B finished I needed to get the extension for the 2nd 3-year term. The lawyer told me to answer "yes" to the question whre it asks if I have ever violated my visa terms (because of the time I sat at home). He wrote an explanation and I sent the package to Dept. of State. Without any further questions or any problems I got the extension for the 2nd 3-year term in my H1B visa.

If we choose to go with the consular processing instead of AOS, do you think this might create problem at the consulate?

Appreciate your inputs. THANKS!
 
This is what I have heard off. If H1B was extended without any questions eventhough u had sat in the home for 3 months ,then it should be fine and it will be not be an issue in Consular Processing. Although it depends on case by case basis hence please check with your lawyer.
 
If you are out of status for any period you better go with 485 (if your center is vermon than is as fast as CP is.)
Thanks.
 
partagas said:
Dear experts in this forum,

My wife is expecting to get her LC certified in September 05 through PERM. We are debating which route to take, AOS or Consular. Here is the situation:

In March 2003, I was laid off from company A and it took me 3 months to find a new job. I had a valid visa at the time I sat at home. I found a job in May 2003 and at the end of 2003 since my first 3 years on H1B finished I needed to get the extension for the 2nd 3-year term. The lawyer told me to answer "yes" to the question whre it asks if I have ever violated my visa terms (because of the time I sat at home). He wrote an explanation and I sent the package to Dept. of State. Without any further questions or any problems I got the extension for the 2nd 3-year term in my H1B visa.

If we choose to go with the consular processing instead of AOS, do you think this might create problem at the consulate?

Appreciate your inputs. THANKS!
Click to expand...


Such issues will not come in the consular processing unless you have overstayed your I-94. These are minor violations which you can overcome by crossing border and coming back with a new I-94. CP is done out side the United States. Unless you are subjected to3 year or 10 year bar or went under the proceedings you should be ok.


When your H1 was approved did it had new I-94 in the bottom of the approval notice?
 
I-94

Tammy2, I had a new I-94 at the visa renewal. I had my stamp through revalidation and I also went abroad couple times after I got the stamp. I had no problems. Didn't overstay my I-94. If you ask the question to a lawyer they of course tell you "play it safe" and I appreciate the recommendation. But there is 2 year retrogression for I-485's (Texas Service Center) now whereas getting the green card through consular processing will shorten the process approximately by a year. So I thought it's worth considering going through consular. And also I'm not the primary. My wife will be the primary person who will get the green card. What's your thoughts? THANKS!
 
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