Help on I485 AOS or Consular Processing

[ankitjain84]

Hi -

I am on L1A visa and on an expat assignment in India. My payroll is processed from the USA and my L1A visa is valid till Sep 2021. My Priority date is 14 August 2019 in EB1C. In case the EB1 category gets current, will I be able to go for AOS or Consular Processing? If I have an option to choose either of the two, which one should I go for? Thanks in advance for your help!

[Mrsf86]

You can only apply for AOS if you are actually in the US. If you are outside of the US, then you will have to do consulate processing unless you wait until you come back to the US.

This is not legal advice.

[verbose]

Given that both options take time to go through approvals I’d choose the one based on where you expect to be located for the next year or so.

[jack.c.sung]

When your priority date becomes current for India for EB-1C, you should enter the US and file for adjustment of status if you can because you can exert more control over that application process. However, if your assignment does not allow you to enter the US on L-1A yet, then you will elect to go through consular processing for your green card if your I-140 has been approved. I-140 under EB1C must be approved before you will need to make this choice. Consular processing may be faster but it does not allow appeal if the case were denied. However, consular processing also is easier to get approval because the adjudication is less rigorous.

[ankitjain84]

Thanks for all the responses. The issue is I am stuck in India for another 6 months due to COVID and would not prefer traveling to the US during this time. My visa does allow me to enter the US anytime till Sep of 2021. In that case, I think I will have to go through consular processing instead of AOS.