Consular Processing

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02-21-2012, 05:06 PM
nyquant

Consular Processing

Hi all,
My PD is Oct 27 210 and I received my NVC fee receipt last week. For whatever reason my attorney had filed my 140 with CP which I had no idea until now.

Our paralegal suggested that we will file a AOS when my dates become current.

Anyways, I have been researching the pros and cons of filing for AOS vs. CP and I am little tempted by the possibility of CP being quicker than AOS. I fully understand that I may lose the benefits of EAD/AP and also the hassle of getting the Meds done in India. PCC, in my research thus far, may not be as much a problem as it can be obtained from the NY Indian Consulate.

So, I am beginning to wonder if I should continue my case as a CP.

Is there any one else sailing in the same boat? Any advice / suggestions would be appreciated.

Thanks in advance
NYQ
02-21-2012, 06:44 PM
richie.rich

Sorry, I am new to this forum.

My PD is Sep 15, 2010. Who all gets the NVC receipt notice? People in US or outside US.

If in US - I am in US and did not receive anything yet. I know it sounds stupid, but the answer would be appreciated.

Cheers

Quote:

Originally Posted by nyquant

Hi all,
My PD is Oct 27 210 and I received my NVC fee receipt last week. For whatever reason my attorney had filed my 140 with CP which I had no idea until now.

Our paralegal suggested that we will file a AOS when my dates become current.

Anyways, I have been researching the pros and cons of filing for AOS vs. CP and I am little tempted by the possibility of CP being quicker than AOS. I fully understand that I may lose the benefits of EAD/AP and also the hassle of getting the Meds done in India. PCC, in my research thus far, may not be as much a problem as it can be obtained from the NY Indian Consulate.

So, I am beginning to wonder if I should continue my case as a CP.

Is there any one else sailing in the same boat? Any advice / suggestions would be appreciated.

Thanks in advance
NYQ
02-22-2012, 09:52 AM
pdfeb09

Quote:

Originally Posted by richie.rich

Sorry, I am new to this forum.

My PD is Sep 15, 2010. Who all gets the NVC receipt notice? People in US or outside US.

If in US - I am in US and did not receive anything yet. I know it sounds stupid, but the answer would be appreciated.

Cheers

If you opted for CP (Counselor Processing) while applying for I140, then you would get an NVC fee notice when DOS thinks your date is likely to be current soon. If you opted for AOS(Adjustment of Status I485) while applying for I140, then you would not get the notice.

Your I140 application will tell you what you have opted for. Your lawyer can tell you too.

Hope that helps.
02-22-2012, 09:54 AM
nyquant

No question in immigration is stupid.

From what I understand, your attorney would have chosen AOS or CP when filing your 140 and NVC will send out a fee receipt notice to those who opted for CP when it expects the dates to be current in a year or so for pre-processing. So nothing to worry about even if you do not receive the fee receipt as your attorney may have opted for AOS.

You can find more info here.

http://www.immihelp.com/greencard/ad...rocessing.html

Thanks

NYQ

Quote:

Originally Posted by richie.rich

Sorry, I am new to this forum.

My PD is Sep 15, 2010. Who all gets the NVC receipt notice? People in US or outside US.

If in US - I am in US and did not receive anything yet. I know it sounds stupid, but the answer would be appreciated.

Cheers
02-22-2012, 11:26 AM
qesehmk

Ron Gotcher continues to make the case for CP. So there may be some truth to it. However beyond EAD and AP - remember 485 gives you AC21 that CP doesn't. That's a heavy benefit to overlook. So I would suggest whenever there is an opportunity to file 485, consider it very seriously.

Quote:

Originally Posted by nyquant

Hi all,
My PD is Oct 27 210 and I received my NVC fee receipt last week. For whatever reason my attorney had filed my 140 with CP which I had no idea until now.

Our paralegal suggested that we will file a AOS when my dates become current.

Anyways, I have been researching the pros and cons of filing for AOS vs. CP and I am little tempted by the possibility of CP being quicker than AOS. I fully understand that I may lose the benefits of EAD/AP and also the hassle of getting the Meds done in India. PCC, in my research thus far, may not be as much a problem as it can be obtained from the NY Indian Consulate.

So, I am beginning to wonder if I should continue my case as a CP.

Is there any one else sailing in the same boat? Any advice / suggestions would be appreciated.

Thanks in advance
NYQ
02-22-2012, 12:11 PM
gc_usa

Quote:

Originally Posted by qesehmk

Ron Gotcher continues to make the case for CP. So there may be some truth to it. However beyond EAD and AP - remember 485 gives you AC21 that CP doesn't. That's a heavy benefit to overlook. So I would suggest whenever there is an opportunity to file 485, consider it very seriously.

Biggest one is you can challenge AOS denial through MTR while we know how hard to fight at consulate where security guard do not even allow to go back in and talk to IO. Also I am not sure if there is process like MTR for CP , more over will company fight for you where getting resolution through CP takes over months and months of wait.
02-22-2012, 12:27 PM
GC-Utopic

As spec pointed out earlier, there is a reason for less % of CP from 2005 onwards becoz the pros of AOS outweigh the cons of getting GC little later than CP. Especially with the alarming culture at consulates in India, I would be very wary to go to one. With AC 21 after 6 months, if you have a specialized skill its as good as GC.jmho.

Quote:

Originally Posted by gc_usa

Biggest one is you can challenge AOS denial through MTR while we know how hard to fight at consulate where security guard do not even allow to go back in and talk to IO. Also I am not sure if there is process like MTR for CP , more over will company fight for you where getting resolution through CP takes over months and months of wait.
10-10-2012, 11:20 AM
ton_vj

Guru,
Please move this post, if you find this inappropriate to this discussion. I need a help! As this thread is very much live and many of us watch this every hour. I need your help and guidance as i am in deep agony.

6th year completed on July 3rd 2012. And company A revoked my H1 on June 20th. ( Labor Cleared at that time)
Joined with company B on June 1st, but company B applied H1 on June 24th(Receipt Date), went to RFE and subsequently H1 Denied on Oct 6th.
Went back to Company A in July ( I-140 Approved on Aug 17th -Notice Date, H1B filed on Sep 24th for consular processing, Now H1 went to RFE on Oct 8th)
Please see below the statement from USCIS and this is the only RFE i got.

RFE details:

Maintaining Status:

"Provide the Following evidence to establish that the beneficiary was in a Valid non-Immigration Status at the time the petition was filed:

The Petition was filed on Sep 24th, 2012. The record indicates that there is a pending petition for the beneficiary, WAC1218xxxxx. The Record also Indicates that the previous petition with the same petitioner, WAC1013xxxxx, was revoked on June 20th, 2012. therefore provide the evidence of the beneficiary's non-immigration Status from June 20th to Sep 24th, 2012 "

Now my question is i have spent 10 months between July 2009 till April 2010 on H4. And currently my I-140 is also approved, having said that what are my chances for H1 stamping through consular processing?

Does anybody had this Issue before, Please share your experience
10-10-2012, 06:15 PM
qesehmk

I am not sure I understand clearly your situation as well as question. e.g. not sure what H1B counselor processing is?? ??

Also some of the timeline you provide needs better explanation. So please revise and ask again.

Quote:

Originally Posted by ton_vj

Guru,
Please move this post, if you find this inappropriate to this discussion. I need a help! As this thread is very much live and many of us watch this every hour. I need your help and guidance as i am in deep agony.

6th year completed on July 3rd 2012. And company A revoked my H1 on June 20th. ( Labor Cleared at that time)
Joined with company B on June 1st, but company B applied H1 on June 24th(Receipt Date), went to RFE and subsequently H1 Denied on Oct 6th.
Went back to Company A in July ( I-140 Approved on Aug 17th -Notice Date, H1B filed on Sep 24th for consular processing, Now H1 went to RFE on Oct 8th)
Please see below the statement from USCIS and this is the only RFE i got.

RFE details:

Maintaining Status:

"Provide the Following evidence to establish that the beneficiary was in a Valid non-Immigration Status at the time the petition was filed:

The Petition was filed on Sep 24th, 2012. The record indicates that there is a pending petition for the beneficiary, WAC1218xxxxx. The Record also Indicates that the previous petition with the same petitioner, WAC1013xxxxx, was revoked on June 20th, 2012. therefore provide the evidence of the beneficiary's non-immigration Status from June 20th to Sep 24th, 2012 "

Now my question is i have spent 10 months between July 2009 till April 2010 on H4. And currently my I-140 is also approved, having said that what are my chances for H1 stamping through consular processing?

Does anybody had this Issue before, Please share your experience