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Anyone seen the news about Priority Date until Jan 2015 becoming current for initial filing

palak.pandya

Full Member
Sep 24, 2014
28
1
Maybe an ignorant question, but like a lot of us in this forum, I live in Canada and commute to US for work. Will be eligible to apply for citizenship in a couple of months. I am not too keen on moving back as we love the quality of life here, however my son will be going to university in next couple of years and hence would like to get a GC so he can decide if he wants to go to a school in Canada or US. Our move decision would be based on him. Is it possible to apply for 485 with consular processing instead of AOS with my dates being current. I don't really care about EAD but don't want to give up on a GC opportunity if the dates have become current.
 

harirajmohan

VIP Member
Mar 3, 2015
3,606
433
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
Maybe an ignorant question, but like a lot of us in this forum, I live in Canada and commute to US for work. Will be eligible to apply for citizenship in a couple of months. I am not too keen on moving back as we love the quality of life here, however my son will be going to university in next couple of years and hence would like to get a GC so he can decide if he wants to go to a school in Canada or US. Our move decision would be based on him. Is it possible to apply for 485 with consular processing instead of AOS with my dates being current. I don't really care about EAD but don't want to give up on a GC opportunity if the dates have become current.
Yes you can apply for citizenship. No issues.

Consular processing would be the best bet if you plan to commute so that your status will always be on H1 till you get GC visa.
The border always on either side wants to make sure their country permanent residents make their country a primary home. So in this case, you will only opt to move only after getting visa which means your status doesnt turn permanent while processing at consular end.

No issues except below: If your son needs schooling immediately within a year or so then not sure if you would get the visa number quickly(its based on your PD of course). if this is not a problem then you are good to wait till immigrant visa is issued.

Only advantage filing while staying there is to not worry about when the 485 gets approved and stay without much worrying about schooling etc to get the resident rates.
 

palak.pandya

Full Member
Sep 24, 2014
28
1
Yes you can apply for citizenship. No issues.

Consular processing would be the best bet if you plan to commute so that your status will always be on H1 till you get GC visa.
The border always on either side wants to make sure their country permanent residents make their country a primary home. So in this case, you will only opt to move only after getting visa which means your status doesnt turn permanent while processing at consular end.

No issues except below: If your son needs schooling immediately within a year or so then not sure if you would get the visa number quickly(its based on your PD of course). if this is not a problem then you are good to wait till immigrant visa is issued.

Only advantage filing while staying there is to not worry about when the 485 gets approved and stay without much worrying about schooling etc to get the resident rates.
Thank you for your response. We still have until 2023 for him to decide on University, so will go with Consular processing as we don't intend to move back anyways. If the GC dates become current by then it would give that additional option to him to chose a US university. My PD is April 2013.
 

lampbreaker

Champion Member
Apr 7, 2015
1,690
353
Maybe an ignorant question, but like a lot of us in this forum, I live in Canada and commute to US for work. Will be eligible to apply for citizenship in a couple of months. I am not too keen on moving back as we love the quality of life here, however my son will be going to university in next couple of years and hence would like to get a GC so he can decide if he wants to go to a school in Canada or US. Our move decision would be based on him. Is it possible to apply for 485 with consular processing instead of AOS with my dates being current. I don't really care about EAD but don't want to give up on a GC opportunity if the dates have become current.
485 (adjustment of status) is different from consular processing. For CP, your employer needs to file an 'amendment' to your I-140 requesting that it be changed to CP (assuming AOS was mentioned in the original I-140). Then if/when the Visa numbers are available the consulate in your area will notify you and ask you to apply for an immigrant Visa.
You cannot really file AOS (485) because you don't have any status in the US that can be adjusted. As a commuter you gain and lose your non-immigrant status in the US everyday that you travel. If you move to the US, file I-485 and remain untill AP is issued, then you can leave and resume your commute.