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I-140: what to do next?

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  • Guest's Avatar
    Guest replied
    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.

    Leave a comment:


  • tom
    replied
    what category dates etc are u in

    Leave a comment:


  • Guest's Avatar
    Guest started a topic I-140: what to do next?

    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.
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