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mambarg
07-29-2007, 10:27 PM
Would it have made sense to apply for consular processing instead of 485 ?
Consular I heard is faster ?
I got my 140 approved last week.
Should I file I 824 and have my file moved to NVC ?
It is faster in NVC and they use barcode tracking and are very efficient than USCIS ?
I am not sure if one can still get EAD and AP with Consular processing ?
My 485 file anyway needs consular checking as my H1 was stamped visa less than one year ago.

kaisersose
07-30-2007, 10:53 AM
Would it have made sense to apply for consular processing instead of 485 ?
Consular I heard is faster ?
I got my 140 approved last week.
Should I file I 824 and have my file moved to NVC ?
It is faster in NVC and they use barcode tracking and are very efficient than USCIS ?
I am not sure if one can still get EAD and AP with Consular processing ?
My 485 file anyway needs consular checking as my H1 was stamped visa less than one year ago.

CP is faster than AOS only when PDs are current through the entire process. But the gain in time is not always assured. The case getting stuck in name-check, applies both to AOS and CP. AOS has two distinct advantages such as AC21 and EAD for the spouse. CP has only one advantage - processing time, but unfortunately this is not guaranteed.

if you listen in to Rajiv Khanna's calls, he emphatically disapproves the idea of opting for CP as there is no sure advantage, while AOS offers quite a few.

You are not eligible for AC21 and EAD if you opt for CP. Your last statement about your 485 file requiring consular checking is not clear.

johnggberg
07-30-2007, 11:21 AM
not to mention you can't Appeal if they reject it

mambarg
07-30-2007, 01:23 PM
I heard CP just cannot reject your app. They do not have authority over it.
I agree that CP is faster when dates stay current.
Since my H1B was stamped less than one year ago. During the checks like name checks, they need to do a check with the consulate who stamped my H1B as part of their standard checks. So my Biometric will go to the consulate for this check.
I dont think this will delay my process much as they may just verify the record that whatever I submitted DS156/157 for getting my H1B match what I mention in G325A.
This step is eliminated for people who are staying here for more than 1 year before applying 485.

Also I heard one case where a employee had left the company and country 2 years ago, go a CP appointment as his date became current. Not sure if he got his GC. I dont know how this is handled. I mean job change/ job loss /etc . Does the 180 counter hold good for CP processing ?

Anyway I am too late in the game now to think of CP. So let us forget it and concentrate on 180 counter.