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Old 06-21-2009, 02:28 AM
Senior Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
03/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Posts: 102
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Default Consular processing

I have a query. Let's say (like last year) EB-2 becomes current for two months. I decide to do consular processing and switch from AOS. Does the whole deal of packet III, packet IV from NVC need to be completed within that two months period? Or I can start the process of CP and let's say after 5 months I get an appointment at Mumbai consulate, but EB-2 is not current at that time. What happens in that case? Do I have to wait again till EB-2 becomes current?Thanks.
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Old 06-22-2009, 12:29 PM
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Law Office of Elaine Martin
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http://www.martinvisalaw.com
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Originally Posted by masterji View Post
I have a query. Let's say (like last year) EB-2 becomes current for two months. I decide to do consular processing and switch from AOS. Does the whole deal of packet III, packet IV from NVC need to be completed within that two months period? Or I can start the process of CP and let's say after 5 months I get an appointment at Mumbai consulate, but EB-2 is not current at that time. What happens in that case? Do I have to wait again till EB-2 becomes current?Thanks.
The answer depends on whether the consulate has already requested a visa number for you before priority dates retrogress. I would absolutely not recommend this strategy because you might end up with no AOS or consular processing to rely on. If you already have an AOS pending, you should keep it to allow for job portability, EAD processing, etc while you are waiting.
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This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
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