AOS vs. CP

[csch1wait]

My husband just got his I140 approved. Initially he was suppose to file for AOS concurrently, but his company was bought over by another company and the new comapny would not file amended I140 since his salary was less than the one in LC. Hence his lawyers could not file for 485.

Now his old I140 got approved and I was wondering if we can go the CP path using his I140. (note that meanwhile I have applied for I140/485 concurrently at VSC and have already received EAD and AP for myself and my husband)

How long it will take if we go for CP to get an inteview at Mumbai cosulate if we start now. Do we need anything from his current company given that the I140 is from his previous company. Can we do it on our own?

I have read about AC140, can we use this?

I really appreciate any response. I am desperate that we got GC through him, so that I can be free to leave my job given that we just had a baby.

Thanks (note that meanwhile I have applied for I140/485 concurrently at VSC and have already received EAD and AP for myself and my husband)

 

[dbsraju]

Hi csch1wait

I am not clear on one thing.. How could you apply for I-485 and got the EAD's approved for yourself and your husband ?
Did your company filed for the I-485 for both ?

To use your husband's approved I-140 for CP, you would need the Employer's Support letter (Infact it needs to be notarized saying that the company still has the Job opening for him as specified in the LC wrt to salary (May be a little deviation allowed, but not a whole lot) and location).

So, the only way is: his new employer supports him for the documentation (I think if the processing is smooth, AC140 could take about 4 - 6 months). I would request the new company to consider giving the same salary (at least per doc) for this period and support with the documentation.

Once he gets his GC, It is not a big problem if the new company could show that he is into a different job and the salary is little different (These days it is too common to get a salary reduction).

I would not try to manipulate it through the old company unless the old company is still existing (technically).

Even if you try with the new company, at CP interview, you could be asked about why the company did not inform BCIS about the merger (or buy), but you could always provide the documentation supporting that.. like the paper cuts, news bulletin etc..

On contrast, this is what one of my friend has done.. His company was bought by another company after he filed the I-485, he was in a dilemma whether to inform BCIS or not. I think he did not inform, and finally he got his GC without an interview, so he was fine.

In my opinion, your situation is more complex in nature than it might appear. If it was me, I would not do anything unless I consult with a competant Immigration Attorney. So, my advice is go see an Imm. Attorney.