Question on Consular Processing for NIW from CSC

B

balasujs

Registered Users (C)
Folks,

My company is filing my I-140 in the National Int Waiver
category and they told me that they are going to choose
CP as it is possible to change it to AOS later. My service
center is California Service Center and home consulate is
Chennai ?

I would really appreciate if folks could please help me with
the following questions.

(1) Which option would be quicker ?
CP : time taken for (I-140) + (time taken to get interview)
AOS : time taken for AOS (for parallel filing assuming I-140 gets done
earlier)

(2) As my H-1 visa is getting very close to the 6 year limit (Dec 2005)
can they file an extension based on the I-140 application ?

(3) How long does it take to clear I-140 these days from CSC ?

(4) How long does it take these days to get an interview
for CP ?

(5) I am in Canada for a 6 month assignment and will be back in
July 2005 in the US. Is there a possiblity for me to get the
consular interview in Ottawa, Canada or should it be my home
country ie Chennai, India.

(6) Since my job requires some amount of international travel, can
I travel on my extended H-1 after having applied for CP. AOS has
parole requirements even if you have a valid H-1 when you wish
to travel. Is there a similar issue with CP.
 
Bala,

See my reply in {}

balasujs said:
Folks,

My company is filing my I-140 in the National Int Waiver
category and they told me that they are going to choose
CP as it is possible to change it to AOS later. My service
center is California Service Center and home consulate is
Chennai ?

I would really appreciate if folks could please help me with
the following questions.

(1) Which option would be quicker ?
CP : time taken for (I-140) + (time taken to get interview)
{Refer to www.cptracker.com to find timelines}
AOS : time taken for AOS (for parallel filing assuming I-140 gets done
earlier)
{I believe you belong to EB2 (NIW), in that case I believe CSC is doing concurrent processing (AOS)for EB2 thro' pilot programme which will complete both 140/485 within 90 days. Ask your company to consult an immigration attorney}

(2) As my H-1 visa is getting very close to the 6 year limit (Dec 2005)
can they file an extension based on the I-140 application ?
{If my understanding is correct it can be done only if your I-140 application is pending for over a year.
}

(3) How long does it take to clear I-140 these days from CSC ?

(4) How long does it take these days to get an interview
for CP ?
{ After I-140 approval it will take approx 6 - 8 months to get the interview.}

(5) I am in Canada for a 6 month assignment and will be back in
July 2005 in the US. Is there a possiblity for me to get the
consular interview in Ottawa, Canada or should it be my home
country ie Chennai, India.
{ If you are a PR/Citizen on Canada and request in your I-140 application I guess it should be possible. Browse the forum I have seen some posts about cp in Canada}

(6) Since my job requires some amount of international travel, can
I travel on my extended H-1 after having applied for CP. AOS has
parole requirements even if you have a valid H-1 when you wish
to travel. Is there a similar issue with CP.
{ If you a have valid H1 there should not be any problem in travelling with either AOS/CP. In my opinion Advance Parole comes into picture only on AOS when you don't have a valid H1 and working on EAD (work permit)}
Click to expand...
 
(2) As my H-1 visa is getting very close to the 6 year limit (Dec 2005)
can they file an extension based on the I-140 application ?
You can file for 7th year extension only after 365 days have passed since you applied for LC/I-I40. In your case you have spent quite some time outside USA during your 6 years on H1B, you can claim the extension for number of days you were out of the country !
 
Thanks for your email Kovai; my responses

Hi Kovai,

Sorry for the delay in responding and appreciate your help
in my queries. Answers preceding with #


(1) Which option would be quicker ?
CP : time taken for (I-140) + (time taken to get interview)
{Refer to www.cptracker.com to find timelines}
AOS : time taken for AOS (for parallel filing assuming I-140 gets done
earlier)
{I believe you belong to EB2 (NIW), in that case I believe CSC is doing concurrent processing (AOS)for EB2 thro' pilot programme which will complete both 140/485 within 90 days. Ask your company to consult an immigration attorney}

# murthy's website says this is not allowed for niw
# http://www.murthy.com/news/n_cscpil.html

(2) As my H-1 visa is getting very close to the 6 year limit (Dec 2005)
can they file an extension based on the I-140 application ?
{If my understanding is correct it can be done only if your I-140 application is pending for over a year. }

# I also have another GC process pending via EB2 non RIR filed
# for labor over 365 days back. I could get an H-1 extension
# based on that ?

Thanks,
Jai
 
balasujs said:
Hi Kovai,

Sorry for the delay in responding and appreciate your help
in my queries. Answers preceding with #


(1) Which option would be quicker ?
CP : time taken for (I-140) + (time taken to get interview)
{Refer to www.cptracker.com to find timelines}
AOS : time taken for AOS (for parallel filing assuming I-140 gets done
earlier)
{I believe you belong to EB2 (NIW), in that case I believe CSC is doing concurrent processing (AOS)for EB2 thro' pilot programme which will complete both 140/485 within 90 days. Ask your company to consult an immigration attorney}

# murthy's website says this is not allowed for niw
# http://www.murthy.com/news/n_cscpil.html
{Oh ok, little unlucky I guess :) }

(2) As my H-1 visa is getting very close to the 6 year limit (Dec 2005)
can they file an extension based on the I-140 application ?
{If my understanding is correct it can be done only if your I-140 application is pending for over a year. }

# I also have another GC process pending via EB2 non RIR filed
# for labor over 365 days back. I could get an H-1 extension
# based on that ?
{If you labour / 140 is pending for over 365 days then you should be able to file 7th yr extn. Good Luck}

Thanks,
Jai
Click to expand...
 
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