Someone

I have asked my attorney (hired by my employer) to switch my case from
Adjustment of Status (AOS) to Consular Processing (CP).

But the attorney answered "It is the employer's policy to only support
the Adjustment of Status process for employees who are eligible to apply
for Permanent Residence."

Why would that be the employer's policy? Can I ask the attorney to do
the change on my own?

Amanda

someone <[email protected]> wrote in message news:<kN38c.35590$%[email protected] thlink.net>...
    > I have asked my attorney (hired by my employer) to switch my case from
    > Adjustment of Status (AOS) to Consular Processing (CP).
    >
    > But the attorney answered "It is the employer's policy to only support
    > the Adjustment of Status process for employees who are eligible to apply
    > for Permanent Residence."
    >
    > Why would that be the employer's policy? Can I ask the attorney to do
    > the change on my own?

If you change, wouoldn't you have to go outside US and wait? Or can
you stay on H-1 while waiting? Is there a good reason that you want
to change to CP?

Someone

Amanda wrote:
    > someone <[email protected]> wrote in message news:<kN38c.35590$%[email protected] thlink.net>...
    >
    >>I have asked my attorney (hired by my employer) to switch my case from
    >>Adjustment of Status (AOS) to Consular Processing (CP).
    >>But the attorney answered "It is the employer's policy to only support
    >>the Adjustment of Status process for employees who are eligible to apply
    >>for Permanent Residence."
    >>Why would that be the employer's policy? Can I ask the attorney to do
    >>the change on my own?
    >
    >
    > If you change, wouoldn't you have to go outside US and wait? Or can
    > you stay on H-1 while waiting? Is there a good reason that you want
    > to change to CP?

I would need to go outside the US only for the interview.

I want the change because the processing time of the AOS is *very* slow
while the processing time of the CP should be less than six months.

Someone

someone wrote:
    > Amanda wrote:
    >
    >> someone <[email protected]> wrote in message
    >> news:<kN38c.35590$%[email protected] thlink.net>...
    >>> I have asked my attorney (hired by my employer) to switch my case
    >>> from Adjustment of Status (AOS) to Consular Processing (CP).
    >>> But the attorney answered "It is the employer's policy to only
    >>> support the Adjustment of Status process for employees who are
    >>> eligible to apply for Permanent Residence."
    >>> Why would that be the employer's policy? Can I ask the attorney to do
    >>> the change on my own?
    >> If you change, wouoldn't you have to go outside US and wait? Or can
    >> you stay on H-1 while waiting? Is there a good reason that you want
    >> to change to CP?
    >
    >
    > I would need to go outside the US only for the interview.
    >
    > I want the change because the processing time of the AOS is *very* slow
    > while the processing time of the CP should be less than six months.

In addition, because while I am on AOS I am paying for the renewal of my
dependents' EADs and APs.

Amanda

someone <[email protected]> wrote in message news:<[email protected]>...
    > Amanda wrote:
    > > someone <[email protected]> wrote in message news:<kN38c.35590$%[email protected] thlink.net>...
    > >
    > >>I have asked my attorney (hired by my employer) to switch my case from
    > >>Adjustment of Status (AOS) to Consular Processing (CP).
    > >>
    > >>But the attorney answered "It is the employer's policy to only support
    > >>the Adjustment of Status process for employees who are eligible to apply
    > >>for Permanent Residence."
    > >>
    > >>Why would that be the employer's policy? Can I ask the attorney to do
    > >>the change on my own?
    > >
    > >
    > > If you change, wouoldn't you have to go outside US and wait? Or can
    > > you stay on H-1 while waiting? Is there a good reason that you want
    > > to change to CP?
    >
    > I would need to go outside the US only for the interview.
    >
    > I want the change because the processing time of the AOS is *very* slow
    > while the processing time of the CP should be less than six months.

There are immigration lawyers who provide free consultation; look in
ph book and find such a lawyer and go do discussion. I am wondering
why your employer would want to allow you to do CP because as soon as
you get greencard, you can leave them. Why would they favor that?

Also, logically, if you are outside the country and a companyy offers
you a job, the only option you have is get onto H-1 in order to work
for that company. No company can skip putting you on H-1 process and
a ponsor you for GC. Then, anyone on H-1 is inside the country already
and *working here* before filing for GC through the empoyer. So why
would the immigration law even allow you the option of CP (through
employment) if you are working (and living) inside the country? May
be they do. Why don't you contact the emabassy and find out?

J. J. Farrell

"Amanda" <[email protected]> wrote in message
news:[email protected]...
    > Also, logically, if you are outside the country and a companyy offers
    > you a job, the only option you have is get onto H-1 in order to work
    > for that company. No company can skip putting you on H-1 process and
    > a ponsor you for GC.

Any company can skip the H-1B process and go straight to the GC
if they want to. Most don't want to hold a job open for the several
years it takes to get a GC these days.

    > Then, anyone on H-1 is inside the country already
    > and *working here* before filing for GC through the empoyer. So why
    > would the immigration law even allow you the option of CP (through
    > employment) if you are working (and living) inside the country?

Because some people aren't eligible to adjust status.

    > May be they do. Why don't you contact the emabassy and find out?

They definitely do - no need to ask the Consulate.

Someone

Amanda wrote:
    > someone <[email protected]> wrote in message news:<[email protected]>...
    >
    >>Amanda wrote:
    >>>someone <[email protected]> wrote in message news:<kN38c.35590$%[email protected] thlink.net>...
    >>>>I have asked my attorney (hired by my employer) to switch my case from
    >>>>Adjustment of Status (AOS) to Consular Processing (CP).
    >>>>But the attorney answered "It is the employer's policy to only support
    >>>>the Adjustment of Status process for employees who are eligible to apply
    >>>>for Permanent Residence."
    >>>>Why would that be the employer's policy? Can I ask the attorney to do
    >>>>the change on my own?
    >>>If you change, wouoldn't you have to go outside US and wait? Or can
    >>>you stay on H-1 while waiting? Is there a good reason that you want
    >>>to change to CP?
    >>I would need to go outside the US only for the interview.
    >>I want the change because the processing time of the AOS is *very* slow
    >>while the processing time of the CP should be less than six months.
    >
    >
    > There are immigration lawyers who provide free consultation; look in
    > ph book and find such a lawyer and go do discussion. I am wondering
    > why your employer would want to allow you to do CP because as soon as
    > you get greencard, you can leave them. Why would they favor that?

I believe this is the mean reason!

    > Also, logically, if you are outside the country and a companyy offers
    > you a job, the only option you have is get onto H-1 in order to work
    > for that company. No company can skip putting you on H-1 process and
    > a ponsor you for GC. Then, anyone on H-1 is inside the country already
    > and *working here* before filing for GC through the empoyer. So why
    > would the immigration law even allow you the option of CP (through
    > employment) if you are working (and living) inside the country? May
    > be they do. Why don't you contact the emabassy and find out?

The embassy said it should take less than 6 months. But the company said
no and they would not support CP.