Why not switch to CP , instead of waiting in the I-485 infinite loop ?

M

maverick1976

Registered Users (C)
What are the downsides of Consular Processing ?

According to this website ..

http://imminfo.com/Knowledgebase/FAQs/FAQ_CP.html

CP seems like a better alternative given the current processing times at NSC. This might sound like a question that I should have asked myself almost 10 months ago , when I was filing for my I-485 , but at that time I just did what my lawyer asked me to.

The frustration of the long wait (with no hopes to see my case approved anytime soon) has made me extremely cynical. I don't trust my lawyer either , firstly because she is my company lawyer and secondly because I have never spoken to her , I always speak to a para-legal. I am sure a lot of people in this forum know more than the para-legal (I am sure some of u know more than my lawyer does. :p )

I want to question everything regarding the Green Card process and just want to get over this ordeal... even if it means taking 2 steps backwards in order to move forward ?

What are your thoughts on this one ....

Any comments / feedback / suggestions ?
 
I 485 is better then CP

I got GC cleared last months after 17 months in 485. But still will say 485 is better. Y
Coz after 180 days u can chnage the job. Under current scene Even CP is taking more then 8 months as my friend is exprincing.
And with sword hanging on head it is better to clear 180 days ASAP rather then CP.
 
I consulted with 2 lawyers and both recommended the I485 route despite the fact that it was expected to take overa year (this was in Oct. 2001 when 400-450 days was a good guess!). The reasoning was that in case anything went wrong, you would be stuck outside the US if you chose CP. Now, the odds of something negative hapening may have been slim, but who wants to take such a risk? At least I didnt'.

With the I485 route you're in the US. That way your entry isn't barred if there are any problems with your case. Utlimately, I think it's a matter of risk tolerance.

my two cents.
rgds.
sadiq
 
Thanks for your reply ..

I have already finished 180 days and am way past that.

The problem is finding a job in this economy and that too, one with the same job description as your labor certification. Already, there are no takers for non green card holders.

Just to play Devil's advocate .... the NSC officially is still processing 8/22/2001 which means its takes 24 months for AOS.

My only hope is that current scenario is a cyclic phenomeon where in every 2 years the BCIS (INS) wakes up and clear up the backlog as they have been doing in the past. I mean they can't just let things pile up like that :( or can they ? :eek:
 
Just for Argument sake ...

Sadiq,

I was told the same thing and I am just saying this for sake of argument .... I read this from one of the Websites..

If my application is denied, can I return to the U.S.?

It all depends on the reason for the denial. If you are denied because of fraud or other personal misconduct (for more details, see the specific grounds for exclusion or inadmissibility), then you probably will not be allowed back. If it is only a case of missing documents, there should be no problem returning. The important thing to remember is that anything that would get your visa denied overseas will result in you being taken into custody in the context of an adjustment of status application. Many people seem to think that if an adjustment of status application is denied, they can just revert to nonimmigrant status as though nothing happened. This is not true. If an adjustment application is denied, and the applicant does not leave immediately, he or she will be put into removal proceedings.

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What are the realistic chances of my application being denied?


Statistically, in fiscal year 1998, the odds of having an immigrant visa denied overseas were about fifteen times less than the odds of having an adjustment of status application denied in the United States. For fiscal year 1999, it looks like these odds will just to about a twenty five times greater chance of being denied in the U.S.

Everything that compels a denial of a consular visa application automatically compels a denial of an adjustment of status application. The reverse is not true, however. Many things that require the denial of an application of adjustment of status do not require a consular visa denial. For example, if a student worked illegally while going to school, adjustment of status must be denied. This fact is totally irrelevant to a consular visa application, however, and would not enter into the decision to grant or deny the visa.

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Isn't it safer to apply for adjustment of status?

Not by any reasonable definition of that term. The odds of receiving a denial are substantially lower overseas. If the concern is that adjustment applicants can just remain in the U.S. after a denial, this is a misapprehension of the facts. If someone is denied adjustment of status, the INS is not going to just say "Well, we had to deny your adjust of status, but it's OK for you to go back to being an H-1." If they deny adjustment of status, they are going to insist that the applicant leave the U.S. right away. If the reason for the denial is serious enough, the applicant could even wind up in custody while waiting to be removed.

Generally speaking, if an applicant for a consular immigrant visa has not committed fraud, does not have HIV or AIDS, or is not otherwise excludable, the visa will be issued. The most common reason for denying consular immigrant visas is missing documents. When those documents are supplied, the visa is then issued.
 
Our attorney said applying I-485 is safer than CP, since the attorney would stand with us in case of any problems. Since my stars do not support me, I thought I should take attorney support.

Another question
After 180 days, how safe is it to use AC-21?
I heard that, if I-140 is withdrawn after 180 days of I-485, it is the luck of the individual and the mood of IIO who is processing the case.
Is there any update from BCIS on AC-21 and I-140 withdraw?
 
Just checking my options ..

I learnt this morning that in-order to switch to CP from I-485 , I need to file a I-824 form which is processed at the NSC. All my hopes are crushed becuase its going to be the same bottle neck I was trying to avoid.

The current processing time for the I-824 (officially) at NSC is 07/19/2002. :mad:

I guess then it makes more sense to stay with the current I-485 process and apply for my 2nd EAD. :rolleyes:
 
Try AC140

I also thought in the same line. I discussed with my attorney before filing I-140. I filed I-485 in may 2003. Long way to go. He suggested me to apply for I-485 bcos there is big difference in Salary ($14k) between what is mentioned in LC and what I am drawing now.

maverick1976 , If u belong to Mumbai Consulate you can go for AC-140. All u need is to file for I-824 and with that receipt and attorney certified copies you can go and get it. It take around 3 -5 months for the whole process.

I can't do that bcos I belong to Chennai consulate. They say that they accept AC140 on a case to case basis and haven't seen any single case being approved in chennai.
 
so are you saying I-824 doesn't need to be approved ?

Gama ,

Are you saying that for AC-I140 , the I-824 doesn't have to be approved. I might be able to file for CP , with the receipt but I still need the I-824 approved to get an interview call, right ?

My I-485 is filed in Sept, 2002 and I am well into the I-485 process. Not sure how long the I-485 will take , thats why I was considering applying for CP, but I don't want to wait another year , just becuz NSC is slow in processing my I-824.

It seems you are well aware of the CP process and have thought this over. Are you saying that I will get an interview date with the Consulate in Mumbai , with just the I-824 approval notice ?

Please Advice.

Thanks !
 
Does anyone know how long the CP is taking in Delhi Consulate. !!!! I am thinking of going for that option since my 485 could well take over 3 years going by current processing time.

Puneet.

RD: 10/15/2002
ND: 10/31/2002
 
Puneet , welcome to the gang !!

I am from Mumbai (still prefer to call it Bombay , but don't want to offend anyone) and am seriously considering this option.

I believe Delhi has the AC-I140 option too. Let me know if you find any info on the CP process and I'll do the same.

As for info on CP from the Embassy in Delhi , check the CP forum on this website.

There is this site www.cptracker.com , that might help too.
 
Attorney Certified I-140 (AC I-140)

Some consulates like Mumbai in India and Hong Kong in China accept Attorney Certified I-140 (AC140 or ac140 or ac 140 or ac i 140 or ac i-140) packet instead of the route I-824 approval, NVC, St. Louis, NVC, Consulate. This can save lot of time in consular processing. It has to be sent by lawyer. Mumbai accepts AC I140 application on grounds of hardship. As for hardship, it means being forced to wait five to eight years in the same job, without hope of a promotion or change of employer if you select adjustment of status.
 
Reg AC140

I went thru the tough battle between CP and 485 and finally checked AOS in 140 petition.

Then due to some personal reasons I wanted to switch to CP and consulted my attorney (very nice guy). He spent around 30 mins with me in person to discuss about various options. One such option is AC-140.

But unfortunately Chennai consulate is not doing it eventhough they say they accept on a case to case basis.

The success rate in Mumbai is more. I haven't seen any genuine case being rejected. All u have to do is get certified by ur attorney and send the packet.

U DON'T HAVE TO WAIT FOR I-824 APPROVAL.(Which takes approx 10 months in NSC). My friend got it done from Mumbai consulate in 6 months time (filing I-824 till passport stamping). Hope this helps.

u can check www.cptracker.com
 
CP now looks more and more attractive. Man! It seems I made a mistake by going to AOS but time will tell
Hey, I would appreciate if anyone can answer this question. I'm (primary applicant) from Chennai region and my wife is from Mumbai. Where should we go for interview? .:confused:

Also, I found this on mumbai consulate website

ow do I request consular processing of a pending employment-based case?

On a case-by-case basis, the U.S. Consulate General in Mumbai is accepting employment-based immigrant visa cases for processing when all the following conditions are met:

Department of Homeland Security has already approved an E1 or E2 category immigrant visa petition and the applicant has an original I-797 form,
the applicant is a resident of the Mumbai or Calcutta consular districts,
the priority date of the case is current or could reasonably be expected to be current within 60 days (we will not warehouse non-current cases),
waiting for the Department of Homeland Security to process the change-of-status application would cause the applicant hardship,
the applicant has copies of all pages that made up the original immigrant visa petition,
there does not appear to be any indication that the case is fraudulent,
I-824 Fee Receipt required.
If you believe that your case meets these conditions, forward copies of your I-140 paperwork to the Immigrant Visa Unit, U.S. Consulate General, 78 Bhulabhai Desai Rd., Mumbai 400026 India with:

the original I-797 Notice of Approval Form
complete forms OF-169 and OF-230, part 1
an e-mail address where we can contact the attorney with confirmation that we have accepted the case
DO NOT send any submissions to any officer or employee by name. Doing so mixes business with personal mail and results in lost paperwork when officers transfer.

We are accepting E3 cases that meet the above conditions on a more limited basis, where it is clear that the applicant is highly skilled. We would accord precedence to applicants who have already received H1-b visas in the same profession or for the same employer.

NOTE: This procedure only applies in change-of-status cases. If Department of Homeland Security has approved an employment-based petition and you had asked from the beginning to apply for the visa in Mumbai, then we must wait for the case to arrive from the National Visa Center
 
joining the gang....

to explore the CP option!!! My RD is July 2002 from VSC.

Had considered CP option while filing I-485 this time last year, but was brainwashed by HR and company's lawyer against it reasons - tensions between India, Pak and consulates could be closed and interview delayed, so AOS is better as it would take only 8-9 months. Now I am close to the filing anniversary with no approval in sight.

Now coming to the question

1) can one still avail the CP option if the spouse has worked on EAD and travelled using AP with the primary applicant still with the same employer on H1?

Appreciate your responses.

Thanks
sgi
 
Thank you all for replying. If I did apply for AC and they do not accept my case for AC or for some reason I decide not to pursue it (and remain in the US), will I lose my AOS I-485 position in the queue, or will I need to apply again with a new I-485.

Thanks all for helping.
 
fq1 ,

Good question , I have asked something on those lines in the other forum too. Can you post this on that one too ?

Thanks
 
Re: joining the gang....

Originally posted by sgi
to explore the CP option!!! My RD is July 2002 from VSC.

Had considered CP option while filing I-485 this time last year, but was brainwashed by HR and company's lawyer against it reasons - tensions between India, Pak and consulates could be closed and interview delayed, so AOS is better as it would take only 8-9 months. Now I am close to the filing anniversary with no approval in sight.

Now coming to the question

1) can one still avail the CP option if the spouse has worked on EAD and travelled using AP with the primary applicant still with the same employer on H1?

Appreciate your responses.

Thanks
sgi
Click to expand...

Quite like my experience. I have the feeling of deja-vu all over again !!

Sometimes I feel it's a conspiracy of keeping me tied down to my company , but then to be fair , it did take around 8 to 10 months to approve an I-485 case , up until , it was my turn. :mad:
 
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