Can anyone please answer this question?????

coolcat3

Registered Users (C)
Hi,
I have a typical situation here.I have cleared my I140 in first week of Dec\'01,and my company transfered me tO UK and asking me to work for some time here in Europe.
1)In this case can I apply for 824 and go for Consular processing here in UK .
2)How long should I need to stay like that(6 months or 9 months)
3)Am I eligible to do that because already I am in middle of the green card,one of my friend was telling me that I should be in other country before I apply for labour.Is this true?????
4)How long this 824 is taking in TSC???

Please help me in this regard???

Thanks
 
My 2 Cents in CAPS below

I have a typical situation here.I have cleared my I140 in first week of Dec\'01,and my company transfered me tO UK and asking me to work for some time here in Europe.
ARE YOU STILL PAID OUT OF US? HAS YOUR EMPLOYMENT CONDITION CHANGED? OR YOU ARE JUST WORKING ON A PROJECT IN UK FOR THE SAME US EMPLOYER?

1)In this case can I apply for 824 and go for Consular processing here in UK .
IF YOUR 140 WAS APPROVED FOR CP YOU CAN GO FOR CP IN YOUR HOME COUNTRY (ASSUMING UK IS NOT YOUR HOME COUNTRY)
IF YOU 140 WAS APPROVED AOS, YOU CAN FILE FOR 824 AND YOU CAN GO TO YOUR HOME COUNTRY FOR CP.
2)How long should I need to stay like that(6 months or 9 months)
DONT UNDERSTAND THE QUESTION.
3)Am I eligible to do that because already I am in middle of the green card,one of my friend was telling me that I should be in other country before I apply for labour.Is this true?????
YOU ARE ELIGIBLE TO CONTINUE YOUR GC PROCESS IF YOU HAVE THE SAME US EMPLOYER, STAYING OUT OF US DOES NOT DISQUALIFY YOU. IF YOU HAVE CHANGED EMPLOYER IN GOING TO UK THEN THERE ARE ISSUES.
4)How long this 824 is taking in TSC???
WWW.CPTRACKER.COM AND TSC WEBSITE SHOULD HELP YOU WITH THIS.
 
Thanks for u r answers Patta Hara

For my 3 rd question here is some more explanation.I work for the same company in for which I used to work in USA.
My 140 cleared in AOS not in CP.My question here is can I be able to apply for 485,if I am in UK or not?
How long should I need to be in UK to get eligible for CP in UK(not home country,home country is India).

Thanks
COOLCAT3
 
You will not be eligible to do CP in UK.

CP is only in Home Country
You can apply for Adjustment of Status only when you are in the country. In your case you will have to also apply for Advance Parole to be abel to travel out of US.
You can also file for 824 and go CP to India when your date comes. You will have to come back to US within 6 months of your IV issuance
 
Just a small diff in opinion

As Patta has mentioned your best choice (or maybe only choice right now unless u can come back to US) is to apply for I824 and then go for CP. No probs in that as long as the time frames are ok for u. But I think you can apply at UK if you can show residence there. Clarify with the consulate there, whether they will accept your case. If not, you can always go to India.
 
CP will be in UK for you

Consulate for CP is NOT based on home country or country of citizenship. It is based on the last foreign residence. NVC will automatically create a case for UK consulate if your 824 has UK as your residence address.

I got Montreal consulate from NVC eventhough my I140 was approved by Chennai
 
naja is true..

It is your choice to choose consulate for CP processing if you mention CP in UK in your 824, you can attend CP in UK.
 
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