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miguy
07-22-2007, 10:52 AM
My PD is Dec 2004 under EB2. Is it better to apply for AOS right now or would CP be a better option?.

miguy
07-22-2007, 10:56 AM
bump........

pappu
07-22-2007, 11:47 AM
AOS is safe. check the archives for answers. It has been discussed.

tinamatthew
07-22-2007, 12:27 PM
My PD is Dec 2004 under EB2. Is it better to apply for AOS right now or would CP be a better option?.

It depends on your situation (eg non-immigrant status).

There are pros and cons to both.

The advantage of CP was the speed at which it was completed. But now AOS is being adjudicated faster.... And with AOS you have the right to appeal. There is no appeal with CP

Also the country you are from is VERY important when choosing CP

miguy
07-22-2007, 12:50 PM
I am a canadian citizen (born india) who lives in a border town in canada and cross the border every day to work in US on H1b. I would have to move to US in order to file for AOS. I got my H1 extended for 3 years till 2010. Since H1b is dual intent, you can still come and go out of the country. Do I need to be in US for the entire duration of 485 processing?...I read in another post that you need to be present in US at the time of filing I-485. Can I leave a few days after filing?.......I know the same issue about travel has been discussed in earlier threads, but my case is a little unique.

Any help would be much appreciated.

miguy
07-22-2007, 02:15 PM
any replies ??

onemoredesi
07-23-2007, 12:00 AM
I am a canadian citizen (born india) who lives in a border town in canada and cross the border every day to work in US on H1b. I would have to move to US in order to file for AOS. I got my H1 extended for 3 years till 2010. Since H1b is dual intent, you can still come and go out of the country. Do I need to be in US for the entire duration of 485 processing?...I read in another post that you need to be present in US at the time of filing I-485. Can I leave a few days after filing?.......I know the same issue about travel has been discussed in earlier threads, but my case is a little unique.

Any help would be much appreciated.

You should consult a good attorney.. Forums may not offer you a reliable answer.

tinamatthew
07-23-2007, 12:19 AM
I am a canadian citizen (born india) who lives in a border town in canada and cross the border every day to work in US on H1b. I would have to move to US in order to file for AOS. I got my H1 extended for 3 years till 2010. Since H1b is dual intent, you can still come and go out of the country. Do I need to be in US for the entire duration of 485 processing?No. you do not have to be here for the ENTIRE i-485 processing which could take years. But you do need to be in the country when it is filed

...I read in another post that you need to be present in US at the time of filing I-485. Yes. that is true. Can I leave a few days after filing?.Yes, but speak to a lawyer. Some lawyers say wait for your receipt. I think any lawyer would say it is ok to leave a few days after on H1B......I know the same issue about travel has been discussed in earlier threads, but my case is a little unique.

Any help would be much appreciated.


Hope it helps

plassey
07-23-2007, 11:25 AM
Genius, One more advise from the expert. Tina, you must put a disclaimer under you name that you are new to immigration law field

Think about the spirit of the question before replying.

CP is still faster than AOS as long as PD is current and it is expexted to stay like that. In your case go for AOS as PD is no longer current.

It depends on your situation (eg non-immigrant status).

There are pros and cons to both.

The advantage of CP was the speed at which it was completed. But now AOS is being adjudicated faster.... And with AOS you have the right to appeal. There is no appeal with CP

Also the country you are from is VERY important when choosing CP

akkakarla
07-23-2007, 12:26 PM
It totally depends upon your confidence and your company reputation. Bascially you are gambling with your green card. CP is faster by about 6-9 months than AOS.It has its own risks.In case you are denied you cannot come to US forever(I guess). Think before you go that option. Once you chose CP you cannot change it(guess)