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  • Please help with the decision!

    Dear experts in this forum,

    My wife is expecting to get her LC certified in September 05 through PERM. We are debating which route to take, AOS or Consular. Here is the situation:

    In March 2003, I was laid off from company A and it took me 3 months to find a new job. I had a valid visa at the time I sat at home. I found a job in May 2003 and at the end of 2003 since my first 3 years on H1B finished I needed to get the extension for the 2nd 3-year term. The lawyer told me to answer "yes" to the question whre it asks if I have ever violated my visa terms (because of the time I sat at home). He wrote an explanation and I sent the package to Dept. of State. Without any further questions or any problems I got the extension for the 2nd 3-year term in my H1B visa.

    If we choose to go with the consular processing instead of AOS, do you think this might create problem at the consulate?

    Appreciate your inputs. THANKS!

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