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View Full Version : Filing I-140 - Should check CP or AOS on part 4?


add78
04-21-2008, 05:07 PM
Hello,

If someone is going to be filing for I-140 on a recently approved EB2 (India) while on H1-B in USA with same employer, is it better to check the first box (Alien will apply for visa at a consulate abroad - meaning consular processing of 485) instead of AOS? My understanding is once I-140 is approved and if 485 dates become current, then if CP has been indicated on I-140, then the consulate abroad will order visa number in the month after and the person should get an interview call, even if the dates retrogress back in the following months?
In that case indicating CP is better than AOS on I-140? If so, can the person continue to work on H-1 while waiting for the interview call at consulate abroad?

Thoughts appreciated. Anyone please?
Thanks

add78
04-22-2008, 03:31 PM
any thoughts on this please??

Ramba
04-22-2008, 03:55 PM
Dont count on it. There is very narrow chance. If you opt CP in 140, NVC will send your papers to consulate abroad, only after your PD become current. Consulate will take their own time to arrange the interview. It will take one month to six months after they recive your file from NVC. During that period the PD has to be always current. Consulate takes out visa numbers for CP, only after a successful interview. If your PD retrogress with in a month (like last year fiasco) consulate will not schudle a interview till it become current again. In that case your file will stuck for ever. Therefore, 485 is the best route. CP is the best route, only if the cutoff dates does not flutuate or retrogress back.