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I-140: what to do next?

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  • I-140: what to do next?

    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.

  • #2
    what category dates etc are u in

    Comment


    • #3
      what to do next?

      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.

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