AOS (Or) CP - Which is best?

[Naresh Kandru]

Hi, 

I-140 approved and PD- 3/18/2019 (EB1) 

I am in L1A visa and the extension denied and came back to home country (India)

This year H1B picked and planning to come to US on H1B visa

 

As i mentioned, I-140 approved in EB1 and once PD is current I can opt consular processing if i am in India. Where as i can wait until i reach US on H1B visa and file AOS.

Could you please advise the best option i can go for?

 

 

[JoeF]

You can use CP even if you are in the US.

Even though I am biased because I did CP I believe it is safer because the consulates don't have the discretionary power to deny the immigrant visa just because they don't like you. USCIS examiners have that power. Consular officers can only deny immigration cases if there is missing paperwork, which you can easily fix.

Edited August 14, 2020 by JoeF