Urgent: Consular Processing or AOS?

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Budhikka

Registered Users (C)
My I-140 (EB3) was filed on July 16, 2004 with CP option. Since my H1B visa will be expired on August 13, 2005, and CSC may not renew my H1B extension (over 6 years) with CP option according to my attorney, my attorney asked me to swtich CP to AOS. This will definitely delay the whole process to complete. However, California Service Center (CSC) is currently processing an I-140 case (EB3) with receipt date of January 16, 2004. Within 6 months or so from now, my I-140 should be processed. This indicates that my case will be processed at CSC around the mid April 2005. This will give me about 4 months to pursue CP before my H1B visa expires. This means I have to leave the US before August 14, 2005 for an interview at the American Embasy. I am not sure why my attorney is now asking me to change CP to AOS.

Questions:
1. Is the "4 months" time frame after an I-140 approval LIKELY enough for reaching an interview at the American Embasy?

2. Is it true that CSC will not renew H1B extension after 6 years if an applicaton is pursuing CP?

Thank you in advance
 
Budhikka said:
My I-140 (EB3) was filed on July 16, 2004 with CP option. Since my H1B visa will be expired on August 13, 2005, and CSC may not renew my H1B extension (over 6 years) with CP option according to my attorney, my attorney asked me to swtich CP to AOS. This will definitely delay the whole process to complete. However, California Service Center (CSC) is currently processing an I-140 case (EB3) with receipt date of January 16, 2004. Within 6 months or so from now, my I-140 should be processed. This indicates that my case will be processed at CSC around the mid April 2005. This will give me about 4 months to pursue CP before my H1B visa expires. This means I have to leave the US before August 14, 2005 for an interview at the American Embasy. I am not sure why my attorney is now asking me to change CP to AOS.

Questions:
1. Is the "4 months" time frame after an I-140 approval LIKELY enough for reaching an interview at the American Embasy?

{The whole process from the I-140 approval to the actual interview takes anything from 6 to 8 months}

2. Is it true that CSC will not renew H1B extension after 6 years if an applicaton is pursuing CP?

{I am about 98% certain you can go for the 7th year extension even if you are pursuing CP}

Thank you in advance
Click to expand...

{my responses}

Raju
 
You can go for the 7th year if you have opted for the CP route. Your's truely is a living, breathing example ... :)
 
Budhikka,
A little more than year ago I was in similar situation. My lawyer applied for my 7th year extension and I got it. You should be able to get your 7th year extion. In fact I am on my 8th year extension and hoping to get my GC within 2 months.
Ram_frm_RIC.
 
I was also in the similar situation. My h1 is expiring in Dec 2004 and my i-140 was applied in Jan 2004 with CP option.

I was debating whether to apply for 7th year extension with our lawyer and the CP never came up as an issue. My lawyer would have told me if CP was an issue to get the 7th year extension.

Eventually we ended up not applying for 7th year extension as I140 was approved in May and got CP interview in Nov, 2004.

Mine took 10-11 months from the start of I140 to the interview date.

Sam
 
I found the following article. Please read the section of "One-Year Incremental H1B Extensions". I am very confused about this CP and H1B extension issue at CSC.

http://www.murthy.com/news/n_calser.html

If the law allows me to reamin as a lawful alian and pursue CP, I would remain my option as CP.

I have anothe question. Since my attorney has not applied I-485, am I still pursuing CP at this point? I am concerned whether I have to re-apply for CP. Thank you in advance...
 
I'm assuming you are reffering to the last few lines in the section. It's cryptic. Can't make it out ...

Yes if not action for 485 is taken, then it is CP.
 
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