Confused about CP or AOS !

[im9999]

My lawyer has asked me to tell her which of the above 2 I want. I have done some research on the net and also talked to her. I am still confused as to what to do. My priority date is 15th May 2000 and under EB3. I am from India. I have a few questions on this:

1) Which is the preferred method AOS or CP and why?
2) What are the chances of denial in CP ?
3) If I am denied the GC at a consulate, will my H1 be also cancelled ?
4) My wife is also on H1, what happens to her H1 if pt. no. 3 happens ?

I would appreciate some answers.

Thanks

[abu lafya]

NOT legal advise

1) Which is the preferred method AOS or CP and why?
With AOS:
+ You can stay in US past 6 year mark.
+ Spouse on H4 can work
+ Hopefully, you will be able to quit your job after 6 months (not recommended though at this time).
+ Not required to travel to your home land
+ In case of denial, appeal is easier.
+ Cases filed at the end of 2000 were approved in 3 months.
- Many backlogged cases from 98/99.
- More discretion to deny your case.
- Finger printing, FBI investigation before approval.

With CP:
+ From the point you become current - you may get GC in 6 months, possibly even less.
+ attorney certified (AC I-140) circumvents NVC, may save 2 months, if applicable to you.
+ Consulate has less discretion, unless you are not eligible, have police record, commited fraud, stayed in US illegaly etc. Your case must be approved.
+ FBI investigation after approval
- Denial is pretty much final, unless for just missing documents.
- Must travel to home land, in extreme case, if you forgot essential documents, possibly more than once.
- In extreme cases, may not return to US.

2) What are the chances of denial in CP ?
Less than AOS.

3) If I am denied the GC at a consulate, will my H1 be also cancelled ?
In extreme cases I think it might.

4) My wife is also on H1, what happens to her H1 if pt. no. 3 happens ?
I think nothing, not sure though.

[Nikki1997]

Note: All H1 visas are cancelled before CP interview. It is quite possible not to get H1 again because you already expressed your interest to immigrate to USA.

[Xkuger]

Confused about CP or AOS !

Note : No H1 VISAS ARE CANCELLED BEFORE CP INTERVIEW.

- H1 Vias are cancelled without prejudice after a succesful CP interview.

- If you CP is denied under circumstances that Viod your H1 then you are out of luck.

- There are cases where CP cases have been asked for additional documentation and give back their pasports with H1 to return to US & come back to a 2nd interview.

- Also note in my case my CP was succesful yet my H1 was NOT CANCELLED.