AOS Pending and new CP ?

J

jambalakadi1

Registered Users (C)
Hello Gurus,
My AOS is pending and my wife is derivative through my GC process. We are planning to start 2nd GC through my Wife (Physical therapist..PD is current) and we are opting for CP.

1. can we do CP while AOS is pending?

2. If CP is rejected for any reason. Can we comback using Advance Parole from my First GC process?

Where will beneficiary added in CP process?

Thanks
 
pras01-- validate this please

Hi Pras01,

Can you please tell me how do you know about this. I am getting conflicting information regarding this. People are saying USCIS will cancel my existing AOS. Do you know anyone who wen through similar process.

Here, My I-485 will remain same but my spouce will start new I-140 with CP option.

Please respond :(
 
jambalakadi1 said:
Hi Pras01,

Can you please tell me how do you know about this. I am getting conflicting information regarding this. People are saying USCIS will cancel my existing AOS. Do you know anyone who wen through similar process.

Here, My I-485 will remain same but my spouce will start new I-140 with CP option.

Please respond :(
Click to expand...
Filing I-824 on your case might cause the problem. But second case is directly going to NVC. That too your wife 's case. most probably it should not affect. Ask your attorney.
 
jambalakadi1 said:
Hi Pras01,

Can you please tell me how do you know about this. I am getting conflicting information regarding this. People are saying USCIS will cancel my existing AOS. Do you know anyone who wen through similar process.

Here, My I-485 will remain same but my spouce will start new I-140 with CP option.

Please respond :(
Click to expand...

That's incorrect information. I guess the information you got applies to the case when person changes AOS to CP for same underlying I-140.

But in your case, your underlying AOS I-140 and CP I-140 are different. So, denial of once case won't affect other one.
 
My friend contacted Attn Rajeev Khanna : He said we can file I-485 simultaneoulsy. Also you can go for CP option..

if you go for CP option.. they might ( there is a chance) ask you to CANCEL your existing I-485 application and comeback for interview. CP official cannot deny your I-485 case. Once CP is approved or rejected you H1's and H4's will be cancelled if any. you can comeback on AP

But I contacted Attorney Shusterman. He said we CANNOT file two I-485's simultaneously. He says you can only have One pending at a time. So one should be dropped. He agreed with CP option.

But many attorneys are agreeing that you can file two I-485's simultaneoulsy.

In Murthy Chat sessions ( somewhere in Apr/May/Jun 2004), she said. Its better to go for CP option instead of confusing USCIS with two pending I-485's. She recommends CP option

I have seen some (very few) cases where USCIS denied one of the two pending I-485.

So far I did not see any cases, who filed simultaneous I-485's and Got approved. No one posted about this in this Forum. There are not many I guess.
 
jambalakadi1 said:
But I contacted Attorney Shusterman. He said we CANNOT file two I-485's simultaneously. He says you can only have One pending at a time. So one should be dropped. He agreed with CP option.

But many attorneys are agreeing that you can file two I-485's simultaneoulsy.

In Murthy Chat sessions ( somewhere in Apr/May/Jun 2004), she said. Its better to go for CP option instead of confusing USCIS with two pending I-485's. She recommends CP option
Click to expand...

Did you ask Shusterman why can't we file two I-485? Did he show any reason or statute?
 
I did not asked for why and where its stated in USCIS rules. he told me as if it was a well know fact and his expression indicated me "are you crazy no one will do such a dumb thing" :D
 
I-485

Shusterman is right. But the CP option is not I-485. It is some other form. So technically, if your wife (and you) go for the CP option you will need to fill a different form (not I-485 but called something else (I forget which). You will also use a different I-140 and a different primary applicant (your wife). Your application will be sent to NVC, and not USCIS. Go for it.
 
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