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140 Approved: CP vs 485?
- Thread starter pkpkpkpk
- Start date
BrainDrain
Registered Users (C)
No... you cannot file 1-485 by CP until the priority dates become current. Its all based on priority dates and not by what process you opt for.
CP is a shorter process but I cannot advise on any drawbacks as I am not aware about the same.
CP is a shorter process but I cannot advise on any drawbacks as I am not aware about the same.
pkpkpkpk said:Friends,
My 140 is approved and i am unable to file for 485.
However, will I be able to do consular processing?
Will it be advantageous? Any drawbacks??
Thanks!!
USCIS_GC_APPRO
Registered Users (C)
As BrainDrain said. It is not posiable until PD becomes currect for you.
The only diffecrence. In CP Process Once they (by any reson) you don't have chance to request them why they denied it.
IN 485 process other You can answer to query.
Thats only difference.
The only diffecrence. In CP Process Once they (by any reson) you don't have chance to request them why they denied it.
IN 485 process other You can answer to query.
Thats only difference.
pkpkpkpk said:Friends,
My 140 is approved and i am unable to file for 485.
However, will I be able to do consular processing?
Will it be advantageous? Any drawbacks??
Thanks!!
Not only. With 485 you can abandon H1 and stay in US and use EAD for work. With CP you have to maintain non-immigrant status like H1 or L1. Also with CP you and your family will have to go to your home country for interview whenever they ask it.USCIS_GC_APPRO said:The only diffecrence. In CP Process Once they (by any reson) you don't have chance to request them why they denied it.
IN 485 process other You can answer to query.
Thats only difference.
marlon2006
Registered Users (C)
I talked to my lawyer extensively about CP vs. I-485:
I was about to take the CP route since it is typically shorter, but I realized that I had no way to get EAD for wife during the process of CP. Also, if it gets denied for whatever reason, you cannot appeal although he said that is very unlikely provide you present all documentations. On CP, you also would need to be available to travel to your home country on a short notice.
That said, I can tell you that if I had filed CP, due to the cut-off dates imposed I guess I would be really frustrated by now. I filed I-485 on Feb 22nd 2004, got EAD for wife (who has been out of the workforce for 5 years now and desperate to go back to work). If I had filed CP instead, if I understand correctly by now I would be unable to get the greencard due to the cut-off dates imposed. Can you imagine that ?
I reckon this is just a matter of circumstances, and in many cases CP turns out to be a very good option.
I was about to take the CP route since it is typically shorter, but I realized that I had no way to get EAD for wife during the process of CP. Also, if it gets denied for whatever reason, you cannot appeal although he said that is very unlikely provide you present all documentations. On CP, you also would need to be available to travel to your home country on a short notice.
That said, I can tell you that if I had filed CP, due to the cut-off dates imposed I guess I would be really frustrated by now. I filed I-485 on Feb 22nd 2004, got EAD for wife (who has been out of the workforce for 5 years now and desperate to go back to work). If I had filed CP instead, if I understand correctly by now I would be unable to get the greencard due to the cut-off dates imposed. Can you imagine that ?
I reckon this is just a matter of circumstances, and in many cases CP turns out to be a very good option.