What are the differences between Consular Processing and Adjustment of Status?
• Q: An alien’s National Interest Waiver petition is approved, but his H-1B is going to expire. Can he apply for either consular processing or adjustment of status? A: Yes. He may apply for either consular processing or adjustment of status. Because applying for adjustment of status has the benefit of a work permit, choosing to apply for adjustment of status is probably the better option for him if he wishes to stay in the U.S. while his application is pending. • Q: An alien is in Texas and in a valid status. His family-based immigration petition is approved and a visa number is available. Can he apply for either consular processing or adjustment of status? A: Yes. He may apply for either consular processing or adjustment of status. Because the time frame for an adjustment of status application based on family-based immigration petition in Texas is quite long, choosing to apply for consular processing is probably recommended for strategic reasons.
