switching to CP

[amdomd]

Need some advice CP gurus. Planning to abandon I-485 and switch to CP since NSC is taking forever. My details are:
Concurrent filing - EB2
RIR/ ETA 750 approval: 01/07/2003.
I-140: Received on 04/08/2003; RFE 07/17/2003; pending.
I-765: Received on 04/08/2003; pending.
I-485: Received on 04/08/2003; pending.
Fingerprinting done: 05/22/2003
H-1B second extension approved 08/23/2003, will revalidate.
Did not apply for advance parole.
Permanent resident of West Bengal, India.
How long will it take after I-140 approval to get CP interview - current priority date at NSC for I-824 is 02/17/2003? What is the process involved? Any risks involved? What consulate will I fall under?
Please help - my lawyer is a "Duddu"!
Thanks.

[rvalla]

CP is much better than AOS. But there are some problems with CP: One thing your H1B record should be clean, with no illegal gaps. The other usually employers don't like to do CP. Talk to your employer

[kd1403]

How long will it take after I-140 approval to get CP interview - current priority date at NSC for I-824 is 02/17/2003? What is the process involved? Any risks involved? What consulate will I fall under?

Answer: I-140 approval is takign about 6 months thru NSC. Plus since you r a resident of WB, you fall under mumbai consulate. If you have not you can file 824 and once you receive 824 receipt and your I-140 is approved, you can file what is called AC I-140 since Mumbai consulate accepts AC I-140 process, a faster form of CP. AC I-140 takes about 4 months to get cp interview once you have filed the papers.

Search for AC I-140 and you will find all the details..also here is a basic site on AC I-140 process...
http://imminfo.com/Knowledgebase/FAQs/ACI140.html

http://www.immihelp.com/gc/consular/

CP is recommended if:
1. Ones job is secured till one gets the GC thru cp
2. The candidate has never been out of status/ has never had a illegal or criminal past.
3. One does not have a contagious disease that can result into an epidemic

If above 3 are covered then there is no risk.

[amdomd]

AC I-140 sounds excellent. I will pursue this route. I don't have any gaps in my H-1B, employer is willing to support, job guarantee is there and no communicable diseases.

Know any good lawyers with AC I-140 experience? Mine is a "duddu".
Do I have to apply for advance parole or can I travel back and forth on revalidated H-1B visa?
If I do travel on H-1B, will it be considered an automatic abandonment of the pending I-485 application? (If I get the interview date prior to I-824 approval)
Do I have to prove hardships in waiting for AOS?

Thanks!

[kd1403]

Know any good lawyers with AC I-140 experience?
Answer: Rajiv Khanna!

Do I have to apply for advance parole or can I travel back and forth on revalidated H-1B visa?
Answer: You can travel back and forth on revalidated visa. But please confirm this.

If I do travel on H-1B, will it be considered an automatic abandonment of the pending I-485 application? (If I get the interview date prior to I-824 approval)
Answer: AOS is considered abandoned at the point in time when you have filed for I-824 and BCIS has sent you a letter to find out if you really want to abandon AOS and move to CP.

Do I have to prove hardships in waiting for AOS?
Answer: Waiting for the time it takes for AOS in itself is a hardship. But if you can complement this with something else that would really help.

[amdomd]

Dear kdivekar
Thanks for all your excellent and prompt help. This website has cleared a lot of cobwebs I had in my mind about immigration issues thanks to people like you.

[kd1403]

Your are most welcome! All I am doing is sharing the same knowledge I have gained through the vehicle Rajiv Khanna has provided to us (immigration forum)