E*5
2 楼
However, filing the I-485 allows you and your wife to also apply for EADs,
whereas if you want to go the consular processing (“CP”) route, we cannot
do anything until the I-140 is approved – the USCIS will then forward the
petition to the National Visa Center (“NVC”) which will then send us a
packet of forms and info, and eventually will forward the case to the US
Embassy/Consulate in India, which will schedule your (and spouse’s/children
’s) immigrant visa interviews. You (and spouse/children not US-born) will
need to go to China for the interview, as well as for medical exams, to be
done shortly before the interview, and if everything goes well (which it
always has, in my experience at least), at the conclusion of the interview
you will be issued your immigrant visa, which you present to immigration
officers upon returning to the US – you will then be admitted to the US as
a permanent resident, and your “green card” will be mailed to you shortly
after your return.
The upside to CP is that the timing of the process has historically been
very consistent, usually around 6 months after the I-140 has been approved (
IF your priority date is current or becomes current during that time; if
your priority date is not yet current, the NVC will wait to start processing
your application until the visa cutoff dates have progressed to a date
which is near your priority date). The downside is of course, you need to
make a trip to China.
The upside to I-485 filing is that (if/when your priority date is current)
you can file while the I-140 is being processed, and some cases have been
processed very quickly but others are still taking a year or two or even
longer. But you (and spouse) can get work authorization in the interim (of
course, you can also just continue working under your H-1B status), and
advance parole (“AP”) documents which will allow you to travel and return
to US (in case your H-1B expires, or if you were to take on any employment
under your EAD (i.e., part-time jobs in addition to your H-1B sponsored
employment, or you were to change employers), you would no longer considered
to be in valid H-1B status and so can travel ONLY with an AP document. If
your spouse has H-4 status and starts working under her EAD, she could no
longer use the H-4 visa for travel purposes and so would need to have the AP
doc to travel.
For either process, you (and spouse/non-US born children) will need to
obtain copies of your official birth documents (the notary versions of these
docs are the ones that are acceptable, from China); if married, a copy of
your marriage doc (if married in China, this also needs to be the notary
version); you will need to have a valid passport (if going CP route, they
will need to be valid for at least 6 months following the date of your
interview at the Consulate); medical exams (for I-485s, they will be done
here, shortly before we file the I-485; for CP, they will be done in China
shortly before the consular interview); photos (obtained shortly before
filing the I-485 or shortly before the consular interview); if you (or
spouse) have ever been arrested, charged with any criminal violation, etc.,
we will need copies of the police records and evidence of the outcome (court
documents). If you or your spouse have ever been married before, we need
copies of documents evidencing the legal termination of any/all such
marriages (final divorce judgments, death certificates)
If you go CP, you (and spouse, if applicable) will also need to obtain
police certificates from China and any other country (NOT US, though) that
you lived in for one year or longer after turning 16 years old. Please
note that police certificates are required ONLY if you go the CP route, not
if you file I-485.
One more point to remember - if we say you will go CP when we file the I-140
, you can always change your mind at any time down the road, and we can file
the I-485 instead, without needing to go through any additional steps. But
if you say you will go I-485 route when we file the I-140, and then later
change your mind, we have to file yet another form (I-824) with USCIS, which
can take a long time to process. So if you have any doubts at all about
which way to go, I would suggest at least filing the I-140 with the CP
indication, then we can always change over to I-485 later.
whereas if you want to go the consular processing (“CP”) route, we cannot
do anything until the I-140 is approved – the USCIS will then forward the
petition to the National Visa Center (“NVC”) which will then send us a
packet of forms and info, and eventually will forward the case to the US
Embassy/Consulate in India, which will schedule your (and spouse’s/children
’s) immigrant visa interviews. You (and spouse/children not US-born) will
need to go to China for the interview, as well as for medical exams, to be
done shortly before the interview, and if everything goes well (which it
always has, in my experience at least), at the conclusion of the interview
you will be issued your immigrant visa, which you present to immigration
officers upon returning to the US – you will then be admitted to the US as
a permanent resident, and your “green card” will be mailed to you shortly
after your return.
The upside to CP is that the timing of the process has historically been
very consistent, usually around 6 months after the I-140 has been approved (
IF your priority date is current or becomes current during that time; if
your priority date is not yet current, the NVC will wait to start processing
your application until the visa cutoff dates have progressed to a date
which is near your priority date). The downside is of course, you need to
make a trip to China.
The upside to I-485 filing is that (if/when your priority date is current)
you can file while the I-140 is being processed, and some cases have been
processed very quickly but others are still taking a year or two or even
longer. But you (and spouse) can get work authorization in the interim (of
course, you can also just continue working under your H-1B status), and
advance parole (“AP”) documents which will allow you to travel and return
to US (in case your H-1B expires, or if you were to take on any employment
under your EAD (i.e., part-time jobs in addition to your H-1B sponsored
employment, or you were to change employers), you would no longer considered
to be in valid H-1B status and so can travel ONLY with an AP document. If
your spouse has H-4 status and starts working under her EAD, she could no
longer use the H-4 visa for travel purposes and so would need to have the AP
doc to travel.
For either process, you (and spouse/non-US born children) will need to
obtain copies of your official birth documents (the notary versions of these
docs are the ones that are acceptable, from China); if married, a copy of
your marriage doc (if married in China, this also needs to be the notary
version); you will need to have a valid passport (if going CP route, they
will need to be valid for at least 6 months following the date of your
interview at the Consulate); medical exams (for I-485s, they will be done
here, shortly before we file the I-485; for CP, they will be done in China
shortly before the consular interview); photos (obtained shortly before
filing the I-485 or shortly before the consular interview); if you (or
spouse) have ever been arrested, charged with any criminal violation, etc.,
we will need copies of the police records and evidence of the outcome (court
documents). If you or your spouse have ever been married before, we need
copies of documents evidencing the legal termination of any/all such
marriages (final divorce judgments, death certificates)
If you go CP, you (and spouse, if applicable) will also need to obtain
police certificates from China and any other country (NOT US, though) that
you lived in for one year or longer after turning 16 years old. Please
note that police certificates are required ONLY if you go the CP route, not
if you file I-485.
One more point to remember - if we say you will go CP when we file the I-140
, you can always change your mind at any time down the road, and we can file
the I-485 instead, without needing to go through any additional steps. But
if you say you will go I-485 route when we file the I-140, and then later
change your mind, we have to file yet another form (I-824) with USCIS, which
can take a long time to process. So if you have any doubts at all about
which way to go, I would suggest at least filing the I-140 with the CP
indication, then we can always change over to I-485 later.
i*i
3 楼
您是印度人?
cannot
the
children
will
be
【在 E*****5 的大作中提到】
: However, filing the I-485 allows you and your wife to also apply for EADs,
: whereas if you want to go the consular processing (“CP”) route, we cannot
: do anything until the I-140 is approved – the USCIS will then forward the
: petition to the National Visa Center (“NVC”) which will then send us a
: packet of forms and info, and eventually will forward the case to the US
: Embassy/Consulate in India, which will schedule your (and spouse’s/children
: ’s) immigrant visa interviews. You (and spouse/children not US-born) will
: need to go to China for the interview, as well as for medical exams, to be
: done shortly before the interview, and if everything goes well (which it
: always has, in my experience at least), at the conclusion of the interview
cannot
the
children
will
be
【在 E*****5 的大作中提到】
: However, filing the I-485 allows you and your wife to also apply for EADs,
: whereas if you want to go the consular processing (“CP”) route, we cannot
: do anything until the I-140 is approved – the USCIS will then forward the
: petition to the National Visa Center (“NVC”) which will then send us a
: packet of forms and info, and eventually will forward the case to the US
: Embassy/Consulate in India, which will schedule your (and spouse’s/children
: ’s) immigrant visa interviews. You (and spouse/children not US-born) will
: need to go to China for the interview, as well as for medical exams, to be
: done shortly before the interview, and if everything goes well (which it
: always has, in my experience at least), at the conclusion of the interview
E*5
4 楼
Her typo mistake. I am Chinese definitely.
S*r
5 楼
关于CP vs AOS(485)最详尽的一个解释
建议版主置顶或者精华区
建议版主置顶或者精华区
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