I-140: what to do next?

[Rajeev2001]

My I-140 has been approved. I had originally decided to go in for CP. Now I am not so sure. Can someone explain to me the merits and demerits of going either way? I understand that the processing times have changed for CP so it may even take as long as AOS?

thanks in advance.

[tom]

what category dates etc are u in

[kw177]

Not Legal Advice:

Consular Processing
===================
Discretionary/Non Discretionary:
Non Discretionary. Consular Officer has no authority to review your I-140 or LC. Can only reject if ineligible for visa. Only objective reasons (don't have documents / unhealthy / criminal record) can trigger this.

Can Get EAD/AP for Self/Dependents:
No

Status Expires:
Must leave US till Processing done.

Time Frame:
4 - 9 months.

Interview Waived:
No. You MUST be interviewed.

Appeal If Rejected:
No

Advantage:
Fast.
Non Discretionary - can't reject you if you meet requirements.

Disadvantages:
No Appeal.
Expensive (must leave US and return to home country). Non Discretionary - can't approve you if you don't meet requirements, can't use discretion to waive any required docs, ignore health probs etc.

Adjustment Of Status
====================
Discretionary/Non Discretionary:
Discretionary. INS can reject you if they think your LC/I-140 were erronously approved. Can "readjuducate" your case.

Can Get EAD/AP for Self/Dependents:
Yes

Status Expires:
Start work on EAD.

Time Frame:
1.5 - 3 years.

Interview Waived:
Yes. Most employment based cases are though a number are picked at random.

Appeal If Rejected:
Yes. Will be expensive though and company may not float the money.

Advantage:
Can appeal if denyed. Can use EAD if status expires and stay in US. Dependents can get EAD.

Disadvantage:
VERY Slow. Don't make any plans for at least two years. If interviewed then interviewer may be capricious.

Discretionary - can still approve you if you don't meet some minor requirement, officer may be able to use discretion to waive any required docs, ignore health probs etc.