* * * Slow 485s : Can we go thro CP ? other options

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1amShantanuB

Banned
As the 485 process is 'moving' into dead water...

Can we reapply 140 for Consular Processing ?
Is it leagally possible ? what are its implications ?

Or any other options

Shall we discuss ?
 
Shantanu

Great to think you are starting this kind of discussion .

One of the disadvantages which comes right into my mind about CP is that AC-21 is not applicable in CP. In today's economy that may be a high risk to take unless you have a highly secured job.
 
You will have to file an applicaiton again to abandon the I 485 and redirect to CP. The problem is that has waiting time too. I think it is called I 824 (not sure). It might come to same
 
In case of CP,
Is it not true that the work will be done by Consulate office, instead of BCIS ? So probability of getting more chances ?

What kind of news you have on CP with UR friends ?
 
Here is what I am thinking about the issue; correct me if I am wrong:

If your presence in the US today is solely based on your pending I-485 and your work is based on EAD, once you switched to CP, you are no longer allowed to live and work in the US.
If you have a valid visa like H1 or L1, then yes you can still continue to live and work here.

If your RD is Jan-Mar 2002, I don't think it's worth switching to CP. Furthermore, CP does not guarantee that the consulate will approve your immigrant visa anyway. In addition to that, the wait time for the interview at the consulate will be longer because now MOST visa applicants are required to go through interviews.

The privilege that you have as I-485 applicants is the ability to work and live in the US (including AC21). You definitely don't want to lose this! ;)
 
Now a days even CP taking more than a year. Does CP take less time if the consulate accepts attorney certified I-140?
 
Canada traditionally used to be a nice back-up for I-485 filers. I am hearing since last 2 years they have made changes to their immigration friendly laws and point systems. Nowadays it is not so easy to qualify any more and it takes almost same time as I-485. My friends have moved there 4 years back and I remember they did it in just 5 months.

Another problem in Canada - it is a centralized country unlike US and the jobs are heavily concentrated in big cities like Toronto, Vancuver etc. I heard there are jobs in Montreal - but you would need to know french. Canadian government has been an advocate for immigration and I believe ordinary Canadians are not xenophobic like Americans. But the concern to the government is most of the immigrants settle in the big cities where the intent has been to populate the empty areas of the country.

I think healthcare is a big advantage though you need to pay bigger tax. Life is also probably not as fast and furious as over here . Personally I always had only one problem with Canada

BRRRRRRRRRRRRRRRRRRRR.
 
Is there a requirement that you have to stay in canada after you get your Canadian GC? Otherwise you lose it?
 
the requirement is similar to that here

as of 3 years ago, its used to be that you have be in the country for atleast 6 months out of a year - there are always people trying to beat the system by 'travelling' to and fro.

the rules probably changed along with the immigration procedures as well..
 
I'm a Canadian PR too. Here are some information about Canadian Immigration:

-Atleast should have MS (also your spouse should have BS/MS)and 3/4 years of experience to qualify pass mark which is 75 points.
-You can stay out of Canada for 3 years in 5 years period.
-Processing time around one year
-Free healthcare (not very good, you have to wait for long time to get major operation/hospital admission) and cheap child education
- Definitely less job opportunity, canadian economy depends on US economy
-high tax (40% or more)
-3 years for citizenship
-Can easily sponsor parents/siblings
-living cost higher

Here's the link for Canadian Immigration:http://www.cic.gc.ca/english/skilled/qual-1.html


fikabir
 
In this case, if one get USA greencard he/she has to give up Canadian GC. But Canadian Citizenship is much easier to get than USA's.
 
Yes, one has to give up one GC. But you process both at the same time without any problem.

fikabir
 
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