What if CP doesn't go thru?

S

SN_2002

Registered Users (C)
Hello Freinds:

Could you please advise what would happen if the GC is denied by the consulate?

My lawyer says that if the aboe happens, then one would have to apply for fresh GC starting from labor again. I would have to also apply for a new H1B, even though I have a valid H1b visa thru next year.

Is this true?

Thank you all.

Subrat
 
Hello SN_2002,

Your lawyer is true if ur GC is denied by the consulate for some reason, that's the risk we are all taking by opting for CP. I think by the experience of the board members(what I have read so far), any person who has even a slight doubt about GC getting denied or for some other reasons, they have applied for AOS. In this case atleast ur in this country(US) and if u have time left in ur H1-B limit then u can continue in ur present job or apply for a new job and start all over. But I haven't yet come across where GC is denied at Consulate. I wish u all the best and be positive like all of us who r applying for CP and hope we don't have to go through this mess again.

Thanks
RKReddy


Originally posted by SN_2002
Hello Freinds:

Could you please advise what would happen if the GC is denied by the consulate?

My lawyer says that if the aboe happens, then one would have to apply for fresh GC starting from labor again. I would have to also apply for a new H1B, even though I have a valid H1b visa thru next year.

Is this true?

Thank you all.

Subrat
Click to expand...
 
Re: Re: What if CP doesn't go thru?

Originally posted by rkreddy
Hello SN_2002,

Your lawyer is true if ur GC is denied by the consulate for some reason, that's the risk we are all taking by opting for CP. I think by the experience of the board members(what I have read so far), any person who has even a slight doubt about GC getting denied or for some other reasons, they have applied for AOS. In this case atleast ur in this country(US) and if u have time left in ur H1-B limit then u can continue in ur present job or apply for a new job and start all over. But I haven't yet come across where GC is denied at Consulate. I wish u all the best and be positive like all of us who r applying for CP and hope we don't have to go through this mess again.

Thanks
RKReddy
Click to expand...

CP denial can occur if:

1. Your employer withdraws the I-140 petition and/or informs the consulate that you are no longer offered employment,

2. The consulate suspects that your GC petition is fraudulent,

3. You have a disease that makes you ineligible for a GC,

4. You have major immigration law violations like overstay, working without authorization, etc.

4. You do not have all the required supporting documents and
consulate cannot issue you an immigrant visa.

In cases 1, 2, 3 and 4 you GC will be denied whether you choose CP or AOS.

Case 5, Consulate will allow you to time to get the documents and if necessary allow you to return to US.

If your case is clean CP will not be denied.
 
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