"Adjustment of Status" or "Consular Processing"?

[bsk_kumarse]

Hi,

This might be a dumb question, but can anybody tell me which option to opt for "Adjustment of Status" or "Consular Processing" for I-140. Here is my status:

1. I am on 5th year of H1B (4 months into 5th year)

2. Full time employee.

3. EB3

4. Statis: California

I read the document which my company attorney provided about AOS and CP but would like to listen some real-time experiences.

Thanks

Santosh

[Belle]

It's like asking whether you want to get married in the US or abroad... really, depends on your preferences.

[bsk_kumarse]

replies please.

[bsk_kumarse]

It's like asking whether you want to get married in the US or abroad... really, depends on your preferences.

well, I know it is my preference, the reason i asked here is what most of the people opting for so that i can give a second thought on my decision.

[sonu]

if you plan on being here in USA during the 485 application then choose AOS else it is CP.

[jk25]

if you plan on being here in USA during the 485 application then choose AOS else it is CP.

like sonu said, I opted for CP becos I may not be in US during the entire AOS processing.. Downside, you don't get EAD and will have to maintain work permit status..

[Attorney_6]

_{We have an article on this topic on MurthyDotCom. Most people opt for AOS. One thing to note is that IF one selects AOS and then needs to change to CP, it is usually a far more involved process than changing to AOS if a person selects CP on the I-140.}

_{It is possible in either case to change one's mind. But, for CP, if there is a change of mind, it is best to start the process to change over to CP well before the PD is current.}

[bsk_kumarse]

like sonu said, I opted for CP becos I may not be in US during the entire AOS processing.. Downside, you don't get EAD and will have to maintain work permit status..

so this means, if i want to go back to india after few years for good/few years (which i am planning) still CP can continue, right? (whereas AOS not).

[jk25]

so this means, if i want to go back to india after few years for good/few years (which i am planning) still CP can continue, right? (whereas AOS not).

yes that is my understanding. Also, one other thing to consider if are married and your spouse wants to work EAD (got after filing for 485) will be helpful.

[bsk_kumarse]

@jk25

Thanks. that helped.