AOS vs CP

R

rdatla

Registered Users (C)
Hi All

I am going to file my I140. I was told by my lawyer that I have an option to go for AOS(concurrent filing) or CP and I need to decide now. My questions are

1. Which would be a better option?

2. The current I140 processing date at Vermont center is Sept 2002. So I am looking at about 9-10months to get my I140. Should I wait for my I140 approval and then apply for CP appoint ment or should I just file for AOS concurrently and get my EAD in 6 months time and be safe from my job perspective?

3. If I opt for CP , after I get my I140 how long should I expect to wait before I can go for the CP interview? Some people are that that I might have to wait anywhere from 4-9months.

4. How risky is CP? I need to go to chennai consulate and my LC is substitution meaning my compnay is using somebody elses labor to file for my I140.

I am running out of time and would greatly appreciate any quick reponses.

Thanks in advance.
 
Originally posted by rdatla
Hi All

I am going to file my I140. I was told by my lawyer that I have an option to go for AOS(concurrent filing) or CP and I need to decide now. My questions are

1. Which would be a better option?

{Hi, Welcome to the forum.

The choice obviously depends on your job status. The main
being the ability to keep the current job for the next 1 1/2
years based on what you have listed.

With AOS as you correctly put it, you will be able to take
shelter under AC 21 within 6 months of filing your papers.

With CP you need to be sure of holding on to your job till
you complete your interview at the Consulate. Research
the forum and you will find lot of information to help you
take the right decision}

2. The current I140 processing date at Vermont center is Sept 2002. So I am looking at about 9-10months to get my I140. Should I wait for my I140 approval and then apply for CP appoint ment or should I just file for AOS concurrently and get my EAD in 6 months time and be safe from my job perspective?

{You are right. Even for CP you are looking at a time line
of 16 to 18 months}

3. If I opt for CP , after I get my I140 how long should I expect to wait before I can go for the CP interview? Some people are that that I might have to wait anywhere from 4-9months.

{It is more like 6 to 8 months generally}

4. How risky is CP? I need to go to chennai consulate and my LC is substitution meaning my compnay is using somebody elses labor to file for my I140.

{The risk is very minimal from what we have been seeing.
If there are no violations of status, mis-representation of
facts, or issues like crimes then there is no problem with
the interview.

The cp option can be safely pursued. Substitution of labor
is very common and does not pose any issues at the
interview stage}


I am running out of time and would greatly appreciate any quick reponses.

Thanks in advance.
Click to expand...

{my responses}

If you opt for CP then make sure to mark as such in the I-140
petition.

Raju
 
Thank you for the response. My Lawyer is saying that even though I file for concurrent I485 the 6 months safe period time clock starts only after I get my I-140 approved. Is this true? If yes what the use of concurrent filing?

Thank you

Raju.
 
Use od concurrent filing

Originally posted by rdatla
Thank you for the response. My Lawyer is saying that even though I file for concurrent I485 the 6 months safe period time clock starts only after I get my I-140 approved. Is this true? If yes what the use of concurrent filing?

Thank you

Raju.
Click to expand...

One big use of concurrent filing is that the primary applicant and all its dependents gets the EAD (Employment Authorization Document) card and parole with in few weeks of concurrent filing (I-485 & I-140) and not wait for approval of I-140 to get the EAD cards.

This way the primary applicants spouse can start working faster and also get parole to visit his/her home country.

Thanks.
 
Last edited by a moderator:
I understand what you are trying to say. It will save time for the primary applicant and let the spouse work. But once I file concurrently will the "safe after 6 months of filing" or "safe after receiving the EAD" clock start from the date of recepit of I485 or does the clock not start untill I get my I140 approval.

If I have to wait till my I140 approval what is the benefit for the primary applicant? I might as well opt for CP and get GC much faster then wait for my I485 for another 6-12months to get the GC . Am I missing something here?

Thanks in advance

Raju.
 
It is not very clear....

If the AC21 provisions apply to concurrent filing of 140 and 485. A few months ago, Attorney Murthy had a commentary posted on her website and may be even Shusterman's website had a newsflash on this controversy. According to them, since the AC21 was introduced before the concurrent filing became a reality, INS was reluctant to apply those provisions with concurrent filing. I guess you would have to wait until INS adjudicates the concurrent filings and somebody gets rejected on those grounds. While I do not intend to create panic in the minds of concurrent filers, I w3ould direct you to browse the 485 forum and see if things have changed in the past few months.

However, my gut feeling is: Since your I140 has not been approved when you file for concurrent filing, AC21 would probably not apply. Whether it becomes active at all after approval of I140 and if it is retroactive to the date of filing concurrently is debatable. Consult your attorney.
 
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