bsk_kumarse Posted February 22, 2012 Report Share Posted February 22, 2012 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 Link to comment
Belle Posted February 22, 2012 Report Share Posted February 22, 2012 It's like asking whether you want to get married in the US or abroad... really, depends on your preferences. Link to comment
bsk_kumarse Posted February 22, 2012 Author Report Share Posted February 22, 2012 replies please. Link to comment
bsk_kumarse Posted February 22, 2012 Author Report Share Posted February 22, 2012 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. Link to comment
sonu Posted February 22, 2012 Report Share Posted February 22, 2012 if you plan on being here in USA during the 485 application then choose AOS else it is CP. Link to comment
jk25 Posted February 23, 2012 Report Share Posted February 23, 2012 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.. Link to comment
Attorney_6 Posted February 23, 2012 Report Share Posted February 23, 2012 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. Link to comment
bsk_kumarse Posted February 24, 2012 Author Report Share Posted February 24, 2012 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). Link to comment
jk25 Posted February 24, 2012 Report Share Posted February 24, 2012 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. Link to comment
bsk_kumarse Posted February 24, 2012 Author Report Share Posted February 24, 2012 @jk25 Thanks. that helped. Link to comment
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