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Please Help: CP or AOS

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  • Please Help: CP or AOS

    Hello all,

    My wife is a permanent resident in US and she filed a green-card petition for me (I-130) back in 2004. I later came to United States on an H1-B visa. She has also applied for her citizenship but God knows when that will happen. It's stuck in FBI name-check. So, I do not want to take any chances there. Our country of citizenship is India.

    What would be best in my case: consular processing or adjustment of status? Please consider the following facts:
    - Family Based Green Card Petition (F-2A)
    - Already in US on an H1-B
    - Country of Citizenship: India

    I have tried researching this but most sites I found talked about the differences between CP and AOS as related to an employment based petition or for people who are not already in US.

    1. What would be the best way to make sure that I get a work-permit to work anywhere I want? I don't mind going to India for CP. Also, getting a work-permit is my primary concern. I need to change employers and H1-B is hampering my ability. I already got turned down on a great job offer because they didn't want to sponsor my H1-B. Also, the quota limit on H-1 is not helping. Of course Green-card is very important too but if I can get a work permit first, it would be very helpful.
    2. If I opt for CP, I am assuming I can stay and work in US based on my H1 until I am called for an interview. Once the interview date is set, how long do I have to stay in India? Do I get a temporary green-card and my status changes once the interview is over? Would that allow me to change employers and work in US? Or do I have to wait for the actual green-card?
    3. If I go for AOS, is it true that I can work anywhere if the AOS is pending for more then 6 months? Or is this only true for Employment based green-cards? How long does an AOS typically take? If I do an AOS, am I at least granted a temporary work-permit?

    Thank you all for your help. It's highly appreciated.
    - CC
    Steve Jobs - smartest CEO on earth

  • #2
    Hello all,

    My wife is a permanent resident in US and she filed a green-card petition for me (I-130) back in 2004. I later came to United States on an H1-B visa. She has also applied for her citizenship but God knows when that will happen. It's stuck in FBI name-check. So, I do not want to take any chances there. Our country of citizenship is India.

    What would be best in my case: consular processing or adjustment of status? Please consider the following facts:
    - Family Based Green Card Petition (F-2A)
    - Already in US on an H1-B
    - Country of Citizenship: India

    I have tried researching this but most sites I found talked about the differences between CP and AOS as related to an employment based petition or for people who are not already in US.

    1. What would be the best way to make sure that I get a work-permit to work anywhere I want? I don't mind going to India for CP. Also, getting a work-permit is my primary concern. I need to change employers and H1-B is hampering my ability. I already got turned down on a great job offer because they didn't want to sponsor my H1-B. Also, the quota limit on H-1 is not helping. Of course Green-card is very important too but if I can get a work permit first, it would be very helpful.
    2. If I opt for CP, I am assuming I can stay and work in US based on my H1 until I am called for an interview. Once the interview date is set, how long do I have to stay in India? Do I get a temporary green-card and my status changes once the interview is over? Would that allow me to change employers and work in US? Or do I have to wait for the actual green-card?
    3. If I go for AOS, is it true that I can work anywhere if the AOS is pending for more then 6 months? Or is this only true for Employment based green-cards? How long does an AOS typically take? If I do an AOS, am I at least granted a temporary work-permit?

    Thank you all for your help. It's highly appreciated.
    - CC
    Steve Jobs - smartest CEO on earth

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ccshah:
      What would be best in my case: consular processing or adjustment of status? ... </div></BLOCKQUOTE> It is up to you to decide. Here are some facts. CP is not recommended (for someone in USA) if they overstayed.

      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ccshah:
      2. If I opt for CP, I am assuming I can stay and work in US based on my H1 until I am called for an interview. Once the interview date is set, how long do I have to stay in India? Do I get a temporary green-card and my status changes once the interview is over? Would that allow me to change employers and work in US? Or do I have to wait for the actual green-card? </div></BLOCKQUOTE> If visa is approved and issued during the interview, you may return immediately. In most cases (not sure for India) passports with visas are mailed within a week of interview. Keep in mind that the number of people that are put on Administrative Processing (AP) is rapidly incresing (true for India as well). That means a consular decides he/she needs some more info or do some cheks or requests more documents and visa can't be issued. AP may last a few days, weeks, months... nobody knows.
      After you get an immigrant visa, you become a permanent residen the moment you enter USA. GC will be mailed to you shortly after. As PR, you can work for whoever you wish.

      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ccshah:
      3. If I go for AOS, is it true that I can work anywhere if the AOS is pending for more then 6 months? Or is this only true for Employment based green-cards? How long does an AOS typically take? If I do an AOS, am I at least granted a temporary work-permit? </div></BLOCKQUOTE> When applying for AOS you can also apply for Employment authorisation documnet. It takes about 90 days to receive it. With EAD you can work for any employer. How long AOS takes depends on your local office.
      The moment you use EAD your work visa is no longer valid. If you travel abroad, you can't re-enter on work visa. You'll need to get Advance Parole (apply for with AOS).

      Comment



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