Please help: Consular Processing or AOS

[ccshah]

Hello all,

My wife is a permanent resident in US and she filed a green-card petition for me (I-130) back in 2004. I later came to United States on an H1-B visa. She has also applied for her citizenship but God knows when that will happen. It's stuck in FBI name-check. So, I do not want to take any chances there. Our country of citizenship is India.

What would be best in my case: consular processing or adjustment of status? Please consider the following facts:
- Family Based Green Card Petition (F-2A)
- Already in US on an H1-B
- Country of Citizenship: India

I have tried researching this but most sites I found talked about the differences between CP and AOS as related to an employment based petition or for people who are not already in US.

1. What would be the best way to make sure that I get a work-permit to work anywhere I want? I don't mind going to India for CP. Also, getting a work-permit is my primary concern. I need to change employers and H1-B is hampering my ability. I already got turned down on a great job offer because they didn't want to sponsor my H1-B. Also, the quota limit on H-1 is not helping. Of course Green-card is very important too but if I can get a work permit first, it would be very helpful.
2. If I opt for CP, I am assuming I can stay and work in US based on my H1 until I am called for an interview. Once the interview date is set, how long do I have to stay in India? Do I get a temporary green-card and my status changes once the interview is over? Would that allow me to change employers and work in US? Or do I have to wait for the actual green-card?
3. If I go for AOS, is it true that I can work anywhere if the AOS is pending for more then 6 months? Or is this only true for Employment based green-cards? How long does an AOS typically take? If I do an AOS, am I at least granted a temporary work-permit?

Thank you all for your help. It's highly appreciated.
- CC

[peace]

First of all your priority date has to be current for you to do either AOS or CP.
And you can get an EAD( employment authorization document for you to work anywhere) only when you are eligible to file an AOS.

Priority date is the date stamped by USCIS on I-130 receipt.

If you look at the current visa bulletin;
http://www.immihelp.com/greencard/visa-bulletin.jsp

the current priority date for F2A for India is June 03 so you still have to wait
about a year.

AOS is anyday better for you because that will save you the hassle of traveling to India and police certficates in India. No added advantage in CP
in your case as long as you have a valid H-1b status.
Once your priority date is current you can file for an AOS(I-485) along with an app for an EAD. EAD usually becomes available in 90 days and you can work anywhere with it.

I guess you need to stick with your current H-1b employer till your date becomes current.

Another thing to consider is that USCIS is expediting the naturalization process, so it is likely that your
spouse will become a US citizen before your priority date becomes current.
In that case, you will have to call USCIS to upgrade your petition from F2A
to unlimited category. Once it is upgraded, you will be able to file AOS+EAD right away.