Ac140?

question for F-1 filing for CP

I have one more question.

Since I am on F-1 which is a non-immgrant visa, will I lose my status of F-1 as soon as I apply through AC-140?
or can I continue being on F-1 and working on CPT/OPT until the time I go to India for the interview?

I know in the case of H1-B you can continue working on H-1 since it is a dual intent visa. But thats not the case with F-1 since it is specifically a non-immigrant visa.

Has anyone faced the same problem, or knows someone who has gone through a similar situation?

Thanks
 
Maintain your legal status till you receive LPR

mpd,

You and your husband will have to maintain legal status during your stay in US. In your case, your husband will have to maintain H1 status and you will have to maintain F1 status till you have a successful interview in Mumbai. You will switch over to the LPR (Legal Permanent Resident) status when you re-enter USA after CP interview in Mumbai at your POE (Port of Entry).

No you will not loose your F1 status when you apply for AC-140. You may work on F1 (CPT/OPT) visa only within its validity period. If you don't get a LPR status before your F1/CPT/OPT expires then you will have to somehow maintain legal status for stay in US by either getting an H1 visa or by switching over to H4 visa as a dependent on your husband's H1 visa.

Thanks
 
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Can marry after CP interview and before attaining LPR status

Originally posted by Raju595
It is possible to change from AOS to CP process by filing I-824. However with Mumbai Consulate, it is also possible to take the AC 140 route( Attorney Certified 140) which would save lot of time.

If it is the AC 140, it can take anything like 4 to 5 months for completion. I have no idea at which point in AC 140 process one
can include spouse.

Irrespective of your VISA status, it is possible to include you in the case (ONCE YOU ARE MARRIED). But this inclusion has to happen before the Consulate fixes the interview date.

Raju,

For CP cases an individual can also get married after CP interview in their home country and still get the spouse on an immigrant visa.

The primary applicant has to get married before entering US or in other words before getting the LPR status. LPR status is usually granted at the POE. So if the primary applicant marries after CP interview and before attaining LPR status, s/he has to file the immigrant visa application at the US consulate in home country with all the necessary documents/applications including a marriage certificate, photographs, etc. The primary applicant can then enter US and spouse will have an interview within a certain time period and will use the route of "follow-to-join". After the successful interview at the US consulate, the spouse will also get LPR status at POE. The process of spouse's interview takes about 2 to 6 months depending on the country.
Click to expand...
 
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Follow to Join

cpDelhi,

I am aware of the points you mentioned. However looking at the status and the facts she presented, it is my impression that they would go together to the Consulate.

So, my suggestion was based on the assumption that they would need to have the interview at the same time.

Raju
 
follow to join

cpdelhi,

I am confused with your last statement.
You said that the spouse's interview will take 2 6 months.

But, I was under the impression that the husband and wife if they apply together will get their LPR together.
isn't that true?

let me know.
thanks
 
Re: follow to join

Originally posted by mpd
cpdelhi,

I am confused with your last statement.
You said that the spouse's interview will take 2 6 months.

But, I was under the impression that the husband and wife if they apply together will get their LPR together.
isn't that true?

let me know.
thanks
Click to expand...

mpd,

In your case the interview date will on the same day at the US Consulate.

I was just refering to a different scenario in CP case where the marriage takes place after the primary applicant interview is complete and before the primary applicant gains LPR status. This scenario does not apply in your case.

So please don't be confused. You and your husband will have the same interview date and will have gain LPR status on same day, if you both travel together on your journey back to US.

Good Luck with your CP case.
 
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Questions.......

I am still in the Labor stage so it might be a little bit early to ask this question, but anyway
After my labor been approved, can I file I-140, I-485, and EAD concurrently and file for CP (AC-140) after my I-140 being approved while I-485 is still pending?
If I do this, will the CP(AC-140) void my I-485 and EAD?
Do I have to use the same attorney who do my I140/I-485 to do my CP(AC-140) or I can have a different one?

Thanks.


Isaac
 
Re: Questions.......

Originally posted by isaacycc
I am still in the Labor stage so it might be a little bit early to ask this question, but anyway
After my labor been approved, can I file I-140, I-485, and EAD concurrently
Yes. I-140, I-485 (AOS), EAD and parole can be filed concurrently.

and file for CP (AC-140) after my I-140 being approved while I-485 is still pending?
You or your attorney will have to file I-824 to change the GC route from AOS to CP. Some consulate accept the receipt date of I-824 for AC-140. Others need I-824 approval for AC-140. Not all the consulates do AC-140. So find out, if your conuslate does accept AC-140 cases.

If I do this, will the CP(AC-140) void my I-485 and EAD?
Doing CP does void I-485 (AOS), but not immediately. An individual can use the best of both routes for some time. But tread carefully after talking to your attorney and making an informed decision.

Do I have to use the same attorney who do my I140/I-485 to do my CP(AC-140) or I can have a different one?
Technically, you can use services of two different attorneys but you might need documents regarding I-140 approval for CP (AC-140) process.

Thanks.


Isaac
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