Choice of CR1 or AOS. I need work permit soon

[fardaus 0]

Hi all,

 

I'm currently in the US with a TN visa from Canada. We initially decided to go with CR-1 approach because it was quicker. I'm expected to get an answer for my i-130 in the next few weeks. Recently, my company notified me that sometime this year (they can't tell me when exactly), I'll have to renew my TN visa because of a merge, but I'm no longer eligible for a renewal because I filed i-130 already. As a safe measure, I contacted a lawyer and he told me that I should've filed for AOS from the very beginning because the Consular Processing is taking longer than expected, up to 1 year in total whereas it's better for me to apply for AOS so I can get my EAD sooner (~4 months).

 

I'm pretty confused because I thought consular processing would be quicker, I expected the entire process to be about 3 months after the i-130 approval so I didn't sweat. Now it sounds like my best option is AOS instead because I can be eligible to work sooner.

 

I need some help in fact checking if what the lawyer said is true. I don't mind the process taking longer, but I need job security.

 

I checked the processing time and it seems like EAD takes about 5 months (?), whereas Canadian consular processing is taking about the same time. So I'm not really sure why it seems so different from what the lawyer told me.

 

Thank you all!

Edited February 7, 2023 by fardaus

[powerpuff 6,711]

25 minutes ago, fardaus said:

I expected the entire process to be about 3 months after the i-130 approval so I didn't sweat.

Did you do research the process? Total time for CR1 is around 18-24 months….

 

25 minutes ago, fardaus said:

I checked the processing time and it seems like EAD takes about 5 months (?

Mine took 11 months last year, someone else posted today saying they’ve been waiting 8 months whereas others have had it approved in a few weeks. It seems that lately it has been faster but that is in no way a guarantee. I do agree that it is probably faster that having to wait for a CR1 process. I don’t see it guaranteeing job security in X amount of time though. If you go this route I’d be prepared to have a plan B in terms of income for the household if you’re out of work for an extended amount of time.

Edited February 7, 2023 by powerpuff

[pushbrk 12,898]

36 minutes ago, fardaus said:

Hi all,

 

I'm currently in the US with a TN visa from Canada. We initially decided to go with CR-1 approach because it was quicker. I'm expected to get an answer for my i-130 in the next few weeks. Recently, my company notified me that sometime this year (they can't tell me when exactly), I'll have to renew my TN visa because of a merge, but I'm no longer eligible for a renewal because I filed i-130 already. As a safe measure, I contacted a lawyer and he told me that I should've filed for AOS from the very beginning because the Consular Processing is taking longer than expected, up to 1 year in total whereas it's better for me to apply for AOS so I can get my EAD sooner (~4 months).

 

I'm pretty confused because I thought consular processing would be quicker, I expected the entire process to be about 3 months after the i-130 approval so I didn't sweat. Now it sounds like my best option is AOS instead because I can be eligible to work sooner.

 

I need some help in fact checking if what the lawyer said is true. I don't mind the process taking longer, but I need job security.

 

I checked the processing time and it seems like EAD takes about 5 months (?), whereas Canadian consular processing is taking about the same time. So I'm not really sure why it seems so different from what the lawyer told me.

 

Thank you all!

Lawyer was right.  "I thought" is a well know source of false information.  When did you file the I-130?

[fardaus 0]

27 minutes ago, pushbrk said:

Lawyer was right.  "I thought" is a well know source of false information.  When did you file the I-130?

Thanks for the reply. I filed it May 31, 2022

42 minutes ago, powerpuff said:

Did you do research the process? Total time for CR1 is around 18-24 months….

 

Mine took 11 months last year, someone else posted today saying they’ve been waiting 8 months whereas others have had it approved in a few weeks. It seems that lately it has been faster but that is in no way a guarantee. I do agree that it is probably faster that having to wait for a CR1 process. I don’t see it guaranteeing job security in X amount of time though. If you go this route I’d be prepared to have a plan B in terms of income for the household if you’re out of work for an extended amount of time.

Thanks for the reply. I'm feeling more towards AOS for a quicker EAD after your comment. Gotta start saving now for plan B

[pushbrk 12,898]

Just now, fardaus said:

Thanks for the reply. I filed it May 31, 2022

You might be better off sticking with the Consular Processing.  It's not so easy to switch.  You COULD, maybe, by contacting USCIS now, and going ahead and filing the forms to adjust status.  Might be about the same timing.  Tricky as you don't know any actual timing of when you'll need work authorization.