L1B visa to GC: AOS vs Consular Processing

[BabyLamb123 0]

Hi everyone - new to the forum and so grateful I came across this forum

 

I am a Canadian citizen - been living & working in the US since September 2017. After several extensions, my L1B visa will (at last!!!) expire in May 2023  Very thankfully, my employer has agreed to sponsor me for EB1 GC. We’ve been working with our immigration lawyer and I was just informed that my PERM labor certificate was approved just last week, and we are ready to move forward with, so I’ve told, the last stage of getting my GC…

 

I am now in a position to pick which option I want to move forward with: a) AOS & getting the work permit / advance parole — OR — b) Consular Processing from Canada.

Personally, it’s very difficult to make this decision as I have a whole life in the US - a beautiful rent stabilized apartment in NYC (which is super rare to come by 🤣), boyfriend & close friends and I keep myself very busy doing things that this busy city has to offer. I am currently torn between: a) Do I keep my life in the US and go with the AOS option that will take longer time for me to get my GC / hold me back from getting promoted ?  / b) Do I choose the option of Consular Processing where I will have to move out of the US for 6-12 months and be away from my boyfriend/friends/office/life that I built in NY (although this could be temporary)

 

I know both options have pros and cons but with not knowing exact “waiting period” is making it so hard to make this decision. If the consular processing option is only going to take 6 months, then I feel like I could cope with that but thinking of anything longer than that makes me just want to move forward with the AOS option…

 

I would appreciate anyone’s suggestions/recos & love to hear your thoughts on my situation

 

Thank you so much for taking your time to read my long story! 

+ does anybody know what the payroll situation will be if I move back to Canada w/ Consular processing? Will my employer take me off of US payroll & put me on Canada payroll? Or am I still allowed to get paid in USD? This is my other worry as I’d love to keep my apartment during my wait period if possible - although that could be huge waste of money 😅

[appleblossom 2,486]

Presumably you'll have to renew your L1 visa anyway (as you won't have EAD by May if you do AOS). So you shouldn't have to leave the US if you do decide to do CP, other than for your interview. I'd check interview wait times though, CP can be much quicker but I believe Canada has lengthy interview backlogs at the moment.

 

Good luck.

[Chancy 6,241]

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