I485 Consular Processing vs AOS

[nvap23]

Hello:

I am Indian Citizen with PR in Canada and family will be eligible for Citizenship next year. I would like to be able to apply for Canadian Citizenship after we are eligible for the same through Physical presence. However, my I140 will be approved in coming weeks with premium processing and with my GC priority date being current, I have below questions:

1. Does anyone know what are the current timelines for choosing Consular Processing in Canada for I485? Could anyone share their experiences?
2. Many people from Canada choose to move to US for Adjustment of Status over Consular processing. When I read online, Consular processing is generally being considered taking less time. My understanding is that With Adjustment of Status, one can apply for Employment Authorization through EAD and Advance Parole for travel. Any idea about risks involved?
3. Can the person applying for Consular processing still be able to cross border regularly to US for work purposes on H1B?
4. Can the person who applied for Consular processing abandon the processing, still be able to move to US at a later time?

Thanks in advance.

 

[srinikrish]

Hello:

I am Indian Citizen with PR in Canada and family will be eligible for Citizenship next year. I would like to be able to apply for Canadian Citizenship after we are eligible for the same through Physical presence. However, my I140 will be approved in coming weeks with premium processing and with my GC priority date being current, I have below questions:

1. Does anyone know what are the current timelines for choosing Consular Processing in Canada for I485? Could anyone share their experiences?
2. Many people from Canada choose to move to US for Adjustment of Status over Consular processing. When I read online, Consular processing is generally being considered taking less time. My understanding is that With Adjustment of Status, one can apply for Employment Authorization through EAD and Advance Parole for travel. Any idea about risks involved?
3. Can the person applying for Consular processing still be able to cross border regularly to US for work purposes on H1B?
4. Can the person who applied for Consular processing abandon the processing, still be able to move to US at a later time?

Thanks in advance.

Hi, I'm in a similar situation. Did you get any answers to your questions.
I Converted AOS to consular and already got the welcome letter from NVC. just wondering, how long does it take for the NVC to schedule the interview.
and what happens if my Canada Citizenship is under process. does it affect my consular processing since my passport will be changed during the process.

Thanks,
Krish

 

[pseetha]

Hi, I'm in a similar situation. Did you get any answers to your questions.
I Converted AOS to consular and already got the welcome letter from NVC. just wondering, how long does it take for the NVC to schedule the interview.
and what happens if my Canada Citizenship is under process. does it affect my consular processing since my passport will be changed during the process.

Thanks,
Krish

Krish - Can u please share your status on how u handled the citizenship aspect? I am in the same boat as you were and wondering what would happen to the Canada citizenship when the consular processing is in progress

 

[srinikrish]

Krish - Can u please share your status on how u handled the citizenship aspect? I am in the same boat as you were and wondering what would happen to the Canada citizenship when the consular processing is in progress

Hi,

Once you get the citizenship, you need to update NVC about the citizenship change and the new passport details.
You can send an email to NVC.

 

[pseetha]

Hi,

Once you get the citizenship, you need to update NVC about the citizenship change and the new passport details.
You can send an email to NVC.

Thanks and a follow up question- I see employment based consular processing is delayed by 2 years for interview. Is there a way to bring it forward if someone cancels? Like how we can for non immigrant visa..

 

[srinikrish]

Thanks and a follow up question- I see employment based consular processing is delayed by 2 years for interview. Is there a way to bring it forward if someone cancels? Like how we can for non immigrant visa..

Hi,

I'm in the same boat and in canada, Seems only Montreal consulate handles the immigrant visa interviews, so, there's a delay of more than 2 years.
Even i would like to expedite my case. Please let me know if you find the way to do it.

Thanks,
Krish

 

[palak.pandya]

How do we know that there's a 2 years delay at Montreal consulate? Do they publish wait times anywhere. I switched from AOS to consular processing last year. Got the NVC letter and request to submit all documents. I submitted everything last October and am waiting for an interview since then.

 

[krishere1982]

Hi @srinikrish @pseetha @palak.pandya ,

Can you please share your thoughts and advise?

My PD has been consistently current since the 2022 Dec visa bulletin. I am in Canada right now.

My understanding is that NVC only sends the letter/email to those who are in consular processing and does not send it for AOS, is this correct?

As AOS is for people who are still are in US and as we are in Canada, we have to convert to consular processing. Can you please let me know how to go about converting from AOS to consular processing?

Thank you.

 

[canprofus]

Hi @srinikrish @pseetha @palak.pandya ,

Can you please share your thoughts and advise?

My PD has been consistently current since the 2022 Dec visa bulletin. I am in Canada right now.

My understanding is that NVC only sends the letter/email to those who are in consular processing and does not send it for AOS, is this correct?

As AOS is for people who are still are in US and as we are in Canada, we have to convert to consular processing. Can you please let me know how to go about converting from AOS to consular processing?

Thank you.

I think your employer needs to file from i824 to have USCIS to change your i140 approval to Consular process and send it Canadian consulate for further processing. After embassy receives it, they will go through usual immigrant visa processing like DQs, setting up interview and all that. It is going to be a lengthy and time consuming processing with processing time expected to be over 12+ months and could take several years for the whole thing to complete. Are you still working for the same employer who filed your previous i140? Would they support this process?

It would be much easier for them to file a H1b, get you to US and then you directly file i485. If you take this route, you will be done with this GC processing in a matter of weeks.

 

[krishere1982]

I think your employer needs to file from i824 to have USCIS to change your i140 approval to Consular process and send it Canadian consulate for further processing. After embassy receives it, they will go through usual immigrant visa processing like DQs, setting up interview and all that. It is going to be a lengthy and time consuming processing with processing time expected to be over 12+ months and could take several years for the whole thing to complete. Are you still working for the same employer who filed your previous i140? Would they support this process?

It would be much easier for them to file a H1b, get you to US and then you directly file i485. If you take this route, you will be done with this GC processing in a matter of weeks.

Hi,

Thank you for responding.

Yes, I am working in Canada for the same employer who filed the I-140. But they are not willing to transfer my job to US and hence are not willing to file I-824.

Would you know if there is a time limit on when I can apply for GC after my PD becomes current? My PD has been current consistently since 2022 Dec visa bulletin. Is it true that I should apply for GC within 1 year from the time my PD becomes current or I will never be able to apply for GC in the future?

Thanks.

 

[canprofus]

Hi,

Thank you for responding.

Yes, I am working in Canada for the same employer who filed the I-140. But they are not willing to transfer my job to US and hence are not willing to file I-824.

Would you know if there is a time limit on when I can apply for GC after my PD becomes current? My PD has been current consistently since 2022 Dec visa bulletin. Is it true that I should apply for GC within 1 year from the time my PD becomes current or I will never be able to apply for GC in the future?

Thanks.

It depends. If you have an i140 through AOS, then it might be fine to file even after one year. there is no active rule written anywhere that it cannot be used after one year.. miles may vary as not many people have treaded this route. But if you have an approved i140 through consular process, then the consulate actively revokes your application after one year and it wouldn't be possible to get GC after that. having said that, it is still not clear if someone loses PD or not. may be if someone has only i140 as consulate process, they probably lose their date i140.

 

[krishere1982]

It depends. If you have an i140 through AOS, then it might be fine to file even after one year. there is no active rule written anywhere that it cannot be used after one year.. miles may vary as not many people have treaded this route. But if you have an approved i140 through consular process, then the consulate actively revokes your application after one year and it wouldn't be possible to get GC after that. having said that, it is still not clear if someone loses PD or not. may be if someone has only i140 as consulate process, they probably lose their date i140.

As my I-140 was approved when I was in US, it should be I-40 through AOS, right?

Sorry I should have checked my I-140. I checked now and this is mentioned in the I-140 : 'The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status'.

Hence I think my I-140 is through AOS.

 

[palak.pandya]

Hi @srinikrish @pseetha @palak.pandya ,

Can you please share your thoughts and advise?

My PD has been consistently current since the 2022 Dec visa bulletin. I am in Canada right now.

My understanding is that NVC only sends the letter/email to those who are in consular processing and does not send it for AOS, is this correct?

As AOS is for people who are still are in US and as we are in Canada, we have to convert to consular processing. Can you please let me know how to go about converting from AOS to consular processing?

Thank you.

NVC only gets involved if you have Consular processing. Currently, your file might be with USCIS. I think, you have two options. Either get an H1, Move to US and do AOS, or have your company switch you to Consular processing. The switch takes around a year.

I would recommend you to discuss your options with your company and their lawyer. Either way, you will need your company's blessings to proceed.

 

[krishere1982]

NVC only gets involved if you have Consular processing. Currently, your file might be with USCIS. I think, you have two options. Either get an H1, Move to US and do AOS, or have your company switch you to Consular processing. The switch takes around a year.

I would recommend you to discuss your options with your company and their lawyer. Either way, you will need your company's blessings to proceed.

Thanks for responding!

I am going to try if I can find some other job in which the company will be willing to do H1. Current job, they declined to transfer it to US. So I am unable to check with the company's lawyer.

My concern was if I will be eligible to apply for GC whenever I want to apply either by AOS/Consular Processing or is there a deadline as my PD has been current consistently since the 2022 Dec visa bulletin. But @canprofus pointed out that as my I-140 is through AOS, then I can file any time in the future for GC. Do you also think that is the case?

 

[boatyyo]

Thanks for responding!

I am going to try if I can find some other job in which the company will be willing to do H1. Current job, they declined to transfer it to US. So I am unable to check with the company's lawyer.

My concern was if I will be eligible to apply for GC whenever I want to apply either by AOS/Consular Processing or is there a deadline as my PD has been current consistently since the 2022 Dec visa bulletin. But @canprofus pointed out that as my I-140 is through AOS, then I can file any time in the future for GC. Do you also think that is the case?

@krishere1982 what did you end up doing? I'm in a similar situation.