Urgent:Changing AOS to CP

[neha10]

Hi All,

I have my EAD and AP approved and my finger printing is done. My priority date is March 2005. I am planning to move back to india with the same employer. My company says that they have to change my application to consular processing and it has 1-2 years of overhead. So it will add 1-2 years to my processing time.

Is it possible that i can keep my application as it is without changing it to CP? because my GC can come as soon as in 6 months since my priority date is current.

What are the risks involved if i move back to india and do not change anything in my application?

I have to make this decision ASAP because my employer wants me to go now. So any help is appreciated.

thanks,
Neha

[txh1b]

If it is AoS, you should not "move back" to India. Only temporary visits are allowed with AoS. That is the primary basis for AOS.

[neha10]

Thanks for the quick reply. Yes, I have AOS. But I have to go back to india because of personal reasons. What are my options to continue My green card application? My lawyer said i can change it to CP and its pretty safe. I can still travel to US because i have my H1B valid till 2010. But I want to know what are the risks if i keep AOS and not change it to CP?

[txh1b]

Risk would be denial of GC if you fail to appear for Finger printing or interviews. Also, it is illegal to enter on H1b if you are not going to work on the H1b.