counselor processing vs I485

[go_guy123]

My friend is in the I-140 stage of green card processing
She needs to choose between Counselor Processing or I485

Which one is better Counselor Processing or I485 ?

Your feedback is greatly appreciated

[gcwait2007]

It all depends on which country she belongs to.

If she belongs to heavily retrogressed countries, she would be better off with consular processing.

[richana]

I would suggest councillor processing they're higher in the order than the counselor. But Do not try the consular processing because it's too hard to google it

[JunRN]

My friend is in the I-140 stage of green card processing
She needs to choose between Counselor Processing or I485

Which one is better Counselor Processing or I485 ?

Your feedback is greatly appreciated

It is easier to convert from Consular Processing to Adjustment of Status (i-485) than the other way around. So, she can choose Consular Processing for now if PD is not current and then, once PD becomes current and she's still here in US, she can submit I-485.

[unseenguy]

Choosing Consular processing vs AOS is a very tricky question. Lot of things come into picture:

A) Job security , stability etc. and current & future job prospects.
B) Personal situations such as whether EAD / AP benefits are required.
C) Country of chargeability.

Marking Consular process on I-140:

1) Benefit is that you can file I-485 any time the dates become current. Those who are long away from their PDs should consider this option. Because by the time your PD gets current you may also get an appointment in Consulate. It takes 4-6 months after I-140 approval for a case to go to the consulate.

For those from retrogressed countries, this option is beneficial if you are far away from your PD.

For those from non retrogressed countries , this is not a good option as you can file I485 immediately and there is no need to travel to home country. Today the I485 processing for non retrogressed country is faster than that of retrogressed country.

Marking I485 on I-140:

This option is also beneficial for both non retrogressed and retrogressed countries:

1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.

2) You can switch from from this option to consular processing pretty quickly. Most consulates around the world accept Attorney certified I140 approval. Once you file I824, the consulate will accept your "AC I140", and I824 receipt notice. However if you marked consular processing on I140 to start with, the consulate will not accept AC I140 and you will have to wait till it reaches the consulate.

So this option is beneficial to those who are perennially from retrogressed countries and have seen wide swings in visa bulletin. At opportune times, you can file I485 if the PD is current by using concurrent filing and then you can ask for AC I140 appointment as soon as dates become current.

[gcwait2007]

Unseenguy, Thank you for the good, satisfying answer.

I have few questions:
(1) Let me allow my present company to file I-140 as regular processing (mark as 'I-485 processing' in I-140 part IV) and change it later, using I-824 to convert from AOS case to Consular processing for using AC-140? This is faster and easier. Whether my understanding is correct?

(2) What documents one needs for filing Consular Processing? Is it the same set of documents for filing I-485?

(3) I hear that one needs to get police clearance certificates. Where does they come from?

I look forward for your reply,

Thank you

[JunRN]

Marking I485 on I-140:

This option is also beneficial for both non retrogressed and retrogressed countries:

1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.



How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.

CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.

[unseenguy]

Everything depends on your PD and how much time it will take to become current:


Scenario A: You are from EB3 India or China and PD later than Jun-05

In this case you can safely mark CP on your case at the time of filing I140. Always remember that it is going to take 4-6 months for a case to reach consulate, after I140 approval, when you mark CP on your I140. So if your PD will not become current in next 12-15 months, you are safe to choose this option. Because as soon as your PD is current you will get an appointment in consulate without additional fees of I824.

However, if there is a wild swing in visa bulletin like July 2007 fiasco, before your I140 is approved, then you can safely file I485.

Scenario B: You are EB2 China, PD of Jun-05.

At this time you do not have the option of filing I485, but it makes sense to mark I485 on the option & assuming your PD will be current soon. If the I140 gets approved and the PD still does not become current, like India was stuck in Jan-03 for long time, then you can take AC-I140 to the consulate the time PD gets current. If your I485 is stuck in admin processing for long time, despite a current PD, you can take AC-I140 to the consulate.

To Jun's questions: Police certificates & medical exams need to be done in home country. Personally I think, police certificates in India can be obtained pretty quickly. I personally have family ties in India, so they can get the process started when PD becomes current. I do not know about the delays in other countries.

Again choosing AOS or CP is a very tricky situation and depends on personal situation such as:

1) whether you need EAD/AP benefits for spouse or uourself.
2) your job prospects. Future and current. Vs job stability.
3) Your country and support from respective govt agencies.

On the face of it CP is not an attractive option but files must consider ACI140 and should try and get as many appointments as possible. Most EB based filers are financially secured and can afford additional expense of ACI140 & CP.

[unseenguy]

How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.

CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.

There is nothing to be scared of in the interview. If you are skilled immigrant from any country and your case is genuine, what are you scared of in the consular interview? Attorneys here will always ask you for I485, sure it helps most people than those filing CP , but there is also economic advantage to attorneys suggesting this option.

As I said, those from non retrogressed countries can file concurrently, also those countries such as India which are experiencing wide swings in visa bulletins are able to file concurrently. If I140 is NOT approved and date is current, it makes sense to file I485 as it gives you additional protections by law.