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Consulate Processing and Adjustment of Status

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  • Consulate Processing and Adjustment of Status

    Hello All,

    My I140 is approved and dates are with in final action date now. However, I am outside USA now, as per my understanding only possible way is consulate processing.

    If I am not wrong it takes relatively more time to get GC when compared to adjustment of status. What if I move back to USA while processing is in progress, is it possible to move/transfer the 485 processing to Adjustment of status ?

  • #2
    How do you propose to enter the US?

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      How do you propose to enter the US?
      Through work visa (L1/H1B), after 1 year of cooling of period.

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      • #4
        If you are still employed, your company's lawyers should be able to help strategize the best way.

        My understanding was that consulate one is actually faster (before COVID). But it might depend on the category. So don't take my word. Check the estimated case processing time on USCIS website.

        What do you mean by cool-off period?
        Last edited by ceci1073; 09-28-2020, 04:32 PM. Reason: link
        F2A, Spouse of LPR. Center NBC. FO Seattle
        1/19/20 I-130 filed online
        8/10 I-485,I-131,I-765 sent
        9/05 Got I-797 receipts
        9/14 Got RFIE for lack of I-864
        9/22 Sent response
        10/9 Got I-693 Deficiency Notice
        11/13 Got RFE for lack of I-944
        11/20 Sent I-944
        7/13/21 Got biometric notice
        8/9 Biometric day
        8/13 Ready to be scheduled for interview
        3/1/22 I-130 approved
        3/1 Got RFE for medicals
        3/7 Sent RFE
        3/14 Got EAD
        4/9 Got green card

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        • #5
          Originally posted by sandeep.iiit View Post
          If you are still employed, your company's lawyers should be able to help strategize the best way.

          My understanding was that consulate one is actually faster (before COVID). But it might depend on the category. So don't take my word. Check the estimated case processing time on USCIS website.

          What do you mean by cool-off period?
          Cool-Off Period :

          We need to be outside of US 1 year (Min Cool Off Period) after staying Visa max period H1B : 6 years, L1A: 7 Years and L1B : 5 Years.

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          • #6
            Also, can we apply consular processing from any consulate where you have valid visa of that country or this should be from a consulate in your country of birth or where you have citizenship ?

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