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Filing 485 vs consular processing

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  • Filing 485 vs consular processing

    Hi, I am new here and currently in Canada and waiting for my US employer sponsored I140 (EB1) to be approved. My goal is to file I485 asap after the I140 is approved. My options are to leave for the US temporarily and file the 485 and come back to Canada (to satisfy another year of residency requirement) or go for consulate processing. My questions are:

    1. Does anyone know if the Montreal consulate is even conducting employment interviews for consular processing. I got no information online but their website says that they are considering some limited cases but seems they are very very backed up. Do I have a change to get an interview within 6-9 months from now. Any help will be appreciated.
    2. Can I go to the US for a few weeks, file the 485 and come back. Please note that I work for a large US company but on Canadian payroll (Canadian branch).

    Any help will be much appreciated!

  • #2
    Hi,
    you can go to USA and file the I-485, but you need wait for the advance parole card (I-131) to return to Canada. If you leave USA without the advanced parole card, your I-485 will be denied.
    to get an advance parole card is taking more than 6 months.
    maybe in your case is better apply from Canada is you are planning to return shortly

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