EB1 Consular Processing vs Adjustment of Status
#1
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EB1 Consular Processing vs Adjustment of Status
Hi everyone, I'm hoping to get some advice from forum users in London. I'm currently in the US and almost ready to submit my petition as an EB1 and need to decide if I want to consular process or file an adjustment of status (AOS). My objective is to get my work permit as quickly as possible. If I opt for the AOS, my wait time will be 15 days for the petition (using premium processing) and 3.5-5.5 months for my employment and travel authorisation (EAD). I-495 wait times are currently 18-33 months, but once I get my EAD I'm basically good. If I choose to consular process, it seems I'll have to hedge my bets that I'll get my interview and approval more quickly --> what are the current wait/processing times in London?? I suppose the other thing to consider is I would get my permanent residency more quickly through consular processing i.e. 45-60 days after returning to the US, but I'm not sure there are any distinct advantages to that??
Look forward to receiving your comments. Thanks!
Look forward to receiving your comments. Thanks!
Last edited by alegriamodelo; Jun 16th 2018 at 7:35 pm. Reason: Corrected typos
#2
Re: EB1 Consular Processing vs Adjustment of Status
What is your current status in the USA? What was your most recent method of entering the USA?
EB-1 is a category of Immigrant Visa, so if you do consular processing, you'll get an Immigrant Visa. When you use that Immigrant Visa to enter the USA, you become a US Permanent Resident (i.e., you get your green card) immediately.
Rene
EB-1 is a category of Immigrant Visa, so if you do consular processing, you'll get an Immigrant Visa. When you use that Immigrant Visa to enter the USA, you become a US Permanent Resident (i.e., you get your green card) immediately.
Rene
#3
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Re: EB1 Consular Processing vs Adjustment of Status
Sorry if my question was confusing, I'm hoping to find out how long consular processing is currently taking for employment-based visas (EB1 in my case) in London so I can determine the quickest pathway to work.
I'm currently on a G4, which I would retain if I do an AOS from within the US allowing me to travel and work for my current employer, but my goal is to be able to work for other clients as quickly as possible. An AOS will get me there in 3.5 - 5.5 months based on current wait times (my green card would follow in 16 - 33 months). Hence if consular processing is similar AND I get my green card more quickly, I'd be tempted to go that route. If I consular process, I can stay in the US until my interview date.
I'm currently on a G4, which I would retain if I do an AOS from within the US allowing me to travel and work for my current employer, but my goal is to be able to work for other clients as quickly as possible. An AOS will get me there in 3.5 - 5.5 months based on current wait times (my green card would follow in 16 - 33 months). Hence if consular processing is similar AND I get my green card more quickly, I'd be tempted to go that route. If I consular process, I can stay in the US until my interview date.
Last edited by alegriamodelo; Jun 16th 2018 at 8:24 pm. Reason: additional info
#4
Re: EB1 Consular Processing vs Adjustment of Status
You would also need a medical exam done at Knightsbridge in London if you did consular processing. The medical would need to be done at least 4 days before your visa interview (to give the results time to get to the embassy).
Rene
Rene
#6
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Re: EB1 Consular Processing vs Adjustment of Status
Consular processing will get you to PR faster these days, since AOS now requires an interview. AOS may get you work autorization faster but you won't be able to travel for all those months. (APs are being denied)
#10
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Re: EB1 Consular Processing vs Adjustment of Status
Thanks Rete and Noorah101, that would be a game changer for me. I can wait for PR but not without working and traveling. Lead times for AP are 3.5 to 5.5 months, which doesn’t seem that bad especially with all the delays I’ve been reading about in London. I can also go to Montreal so am trying to find out if that would be better.
Any EB1s have recent experience with consular processing?
Any EB1s have recent experience with consular processing?
#11
Re: EB1 Consular Processing vs Adjustment of Status
Consular processing for the visa giving you permanent residency status is not a popular use method that is seen on these forums often. There is or was someone rather recently who was doing this but they have since disappeared from radar or perhaps it is just taking so long that they have not been back with an update.
I'm assuming once you have your AOS in process if you are doing so from within the US, you will up and quit working for your current employer who is sponsoring you and work for yourself. AT least this is what I gleam from your post.
I don't know what delays you are reading about in London. Other than approval of waivers, I don't see that there are long delays. Perhaps appointments are not available for immediate interviewing but that is not a delay. Just a circumstance of too many people hoping to leave for what they think might be greener pastures.
I'm assuming once you have your AOS in process if you are doing so from within the US, you will up and quit working for your current employer who is sponsoring you and work for yourself. AT least this is what I gleam from your post.
I don't know what delays you are reading about in London. Other than approval of waivers, I don't see that there are long delays. Perhaps appointments are not available for immediate interviewing but that is not a delay. Just a circumstance of too many people hoping to leave for what they think might be greener pastures.
#12
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Re: EB1 Consular Processing vs Adjustment of Status
Thanks! There are a number of threads discussing the backlog in London making interview wait times lengthy. But this is only part of the equation as I’ve no idea how long the NVC takes to send files to the consulate and if entry is granted immediately after the interview or if there is additional wait time.
So effectively I’m trying to decide if I should wait 3.5-5.5 months for my AP or take the chance consular processing will be a similar wait time or quicker.
Maybe I should ask my lawyer to reach out to some London-based lawyers?
And not that it’s relevant to the conversation, but you gleaned incorrectly... I have no intentions of "upping and quitting" my current job
So effectively I’m trying to decide if I should wait 3.5-5.5 months for my AP or take the chance consular processing will be a similar wait time or quicker.
Maybe I should ask my lawyer to reach out to some London-based lawyers?
And not that it’s relevant to the conversation, but you gleaned incorrectly... I have no intentions of "upping and quitting" my current job
Last edited by alegriamodelo; Jun 17th 2018 at 5:21 pm.
#13
Re: EB1 Consular Processing vs Adjustment of Status
The one person I was thinking of was doing it all at the US Embassy in London BEFORE coming to the US. Their company was applying for them rather than their coming to the US on a L visa first.
#14
Re: EB1 Consular Processing vs Adjustment of Status
#15
Re: EB1 Consular Processing vs Adjustment of Status
From three sources when googled (https://www.murthy.com/2017/08/10/us...rseas-travel/) they are denied only if the applicant has left the US before the petition was approved.
A big difference from stating they are being denied outright.
A big difference from stating they are being denied outright.