What's the best way to apply for eb-1 - in USA or consular?

[sun2ca]

Hi there,

This is my first post here, so hopefully you'll be gentle if I am asking a stupid question (to which I couldn't find an answer anywhere!).

I want to apply for EB-1 EA on my own, but since I am not in the USA currently, I am wondering if it's better to do it from within the US, or to go for consular processing.

As I am Canadian citizen, I could go to USA as a visitor and then while there send my application for EB-1 to NSC, but maybe it is not legal to show an intention to stay permanently while visiting? Or maybe it's OK?

Or would it be better to apply through a US consulate in Canada, which then probably takes longer then if I was to send my paperwork directly to NSC... as they most likely have to forward those papers to NSC anyway?

ps. I was born originaly in Eastern Europe
pps. I lived in the US for four years while there on TN visa; as far as I know, one is NOT allowed to apply for a permanent resident status while in the US on TN visa.

 

[gunt]

I am wondering if it's better to do it from within the US, or to go for consular processing.

When you file the I-140 form it doesn't matter where you are living as it must be filed at the Nebraska Service Center. What does matter is the second part of the application, the I-1485 or Consular Processing. This is the step that changes your status to permanent resident. If you are in the US, you can file I-485 at the service center. if you reside outside the US, you do consular processing. Timelines are pretty similar now (6m), and in many cases I-485 is shorter. Note that USCIS allows concurrent filing of I-140 and I-485, but only if you are already in the US. THe good/bad thing with I-485 is that you can't leave the US while it is being processed unless you have an Advance Parol document. The good/bad thing about Consular Processing is that you can leave and re-enter the US while it is being processed, and actually you have to leave in order to go the the consulate. Consular processing also requires that you provide police records from every place you have ever lived - this can be difficult in some cases. For example the RCMP takes 6 months to reply to a request.

ps. I was born originaly in Eastern Europe
pps. I lived in the US for four years while there on TN visa; as far as I know, one is NOT allowed to apply for a permanent resident status while in the US on TN visa.

You can in fact apply for permanent residency while on a TN, but you have to time the petitions correctly in order to not mess up you TN status. Look at my signature as i did it successfully. the key issue is that you cannot re-enter on TN or renew a TN after you have filed a I-485. However you can do Consular Processing even if you live in the US and this will have no impact on your TN.

 

[sun2ca]

Gunt,
Thank you so much for the detailed reply!

Since I have not been around this board long enough to know all the nitty-gritty details of EB-1 and such, I'd like to ask you about steps (forms) that follow the I-140 application. Also, I am not sure what (in your signature) are following things: "AD", "EAD", "FP", "AP", "CO", CM and CR.

At least I know what VSC and TSC (is that Texas or some other service center?) and even the much hated RFE are!

And one last question: is it really better to apply electronically? Would you recommend it? (and if applying by mail, is the NSC the only center for EB-1 EA now?)

 

[gunt]

Also, I am not sure what (in your signature) are following things: "AD", "EAD", "FP", "AP", "CO", CM and CR.

AD - Approval Date
EAD - Employment Authorization Document
FP - Fingerprinted
AP - Advance Parole
CO - Card ORdered
CM - Card Mailed
CR - Card Received

At least I know what VSC and TSC (is that Texas or some other service center?)

Yes, Texas

is it really better to apply electronically? Would you recommend it? (and if applying by mail, is the NSC the only center for EB-1 EA now?)

file via the mail because how else are you going to send them all your supporting evidence that is needed for the EB-1 EA petition. you must send all I-140s to NSC.

there is a great thread in the TN section of this forum that was started by user CuriousGeorge and details exactly all the ins and outs of filing for a GC while on a TN.
http://www.immigrationportal.com/showthread.php?t=152852

 

[sun2ca]

Gunt,

Thank you so much for your reply! I am now going to that thread...

cheers