Can I apply for I-824 to get greencard??

T

tagore2004

Registered Users (C)
Can I apply for I-824 to get greencard??
I am a Software profressional working in USA for the past 5 years and I have applied for
Employee based Greencard and my Labor has been approved and I have applied for concurrent filing
I140/485 at Vermont Service center last year, Now my H1B1 is expired and current status is on
AOS(Adjustment of Status-I-485) EAD and AP.

My question is, Can I file CP processing now with my approved I-140 , I really don't know the process invoved with the CP processing.I am planning to leave this country and stay in India for a while till my Greencard is approved.I heard through Immigratron forums that I can apply for I-824(Application for Action on a Approved Application), Will I am eligible??, If so what are the steps involved I should work on this,
Please let me know best way to approach.

If I am eligible to do the I-824, How long does it takes to get my Greencard interview and what are the documents I should provide at the time of Interview and how long should I live in India...Please help !

I know that applying I-824 will deny my pending I-485?? that's fine with me and I am ready to stay in india for the next 6 months will that also deny's my dependents applications??

Please help me !
 
Can I apply for I-824 to get greencard??
I am a Software professional working in USA for the past 5 years and I have applied for
Employee based Green card and my Labor has been approved and I have applied for concurrent filing
I140/485 at Vermont Service center last year, Now my H1B1 is expired and current status is on
AOS(Adjustment of Status-I-485) EAD and AP.

My question is, Can I file CP processing now with my approved I-140 ,
---yes
I really don't know the process involved with the CP processing.
----- Go to www.immihelp.com and read about CP processing
I am planning to leave this country and stay in India for a while till my Greencard is approved. I heard through Immigration forums that I can apply for I-824(Application for Action on a Approved Application), Will I am eligible??, If so what are the steps involved I should work on this,
------- go to your lawyer don’t depend on immigration forums
Please let me know best way to approach.

If I am eligible to do the I-824, How long does it takes to get my Green card interview
----- Depends when USCIS acts on I-824 and sends your I-140 to NVS then NVC sends it to consulate then it depends on particular consulate, when they schedule your CP interview
and what are the documents I should provide at the time of Interview
----- Consulate will let you know what they need when they send interview notice, you have to do medicals and will need notarized letter from your employer who filed I-140 that he still has permanent job for you
and how long should I live in India...Please help !
------ I don’t know
I know that applying I-824 will deny my pending I-485??
------ It will abandon your I-485, and if you have EAD, AP all will be invalid and all your dependents I-485 EAD AP will also be abandoned
that's fine with me and I am ready to stay in India for the next 6 months
----- You may have to stay 6 months or more than that CP interview is not in your hands and you don’t know when the consulate will conduct the interview, you can enter US only if at CP interview time you get immigration visa approved

will that also deny's my dependents applications??

----------------- If you file for CP your dependents I-485, EAD, AP all will be abandoned because they are derivative and depend on your I-140 or your I-485
 
I will apply only I-824 for my self under CP processing, That's means my I-485 will also get denied after 15 days...Will this also automaticaly deny my dependent I-485?.

I heard that I485 is treated for primary and secondary as two different applications??...Will this be cancelled??
 
Originally posted by tagore2004
I will apply only I-824 for my self under CP processing, That's means my I-485 will also get denied after 15 days...Will this also automaticaly deny my dependent I-485?.
--------- I-485 will not be denied it will be abandoned. Once you file I-824 your I-485 as primary, your EAD, your AP AND your dependents I-485 will be abandoned, EAD, AP for all your dependents will also be revoked cancelled and will be invalid. you alll will NOT be on AOS pending status. you will need H1 to work and your dependents will need H4 valid status to stay in US


I heard that I485 is treated for primary and secondary as two different applications??...Will this be cancelled??
---------------- Dependent I-485 is BASED on Primary applicant I-485, if the I-485 of Primary applicant is abandoned/ cancelled/ denied then dependents I-485 also gets abandoned/ cancelled/ denied becase dependents have no base for I-485, I-485 of dependents rests on primary applicants I-485
Click to expand...
 
Ginnu...thanks a lot for all your replies, Your response gives me lot more strength...where I am now ..its gives be some relif from the problems I am facing...

I am also going to talk Attoney's in the next week..But also its better to find out more from gurus like you !!

One more question !

My H1B1 has been expired and i was in US on H1B1 for 5 years and I have appplied for extension last year but I have not paid the fee of $1000 extra in the RFE they sent they has sent me letter after 60days...well I hope its gone now !!

I heard from my Attorney today...That even though my H1B1 has expired...based on my I140/Labor approval...i am eligible to apply for the H1B1 extention for the 6th year..Will this be possible..??

If so ..What i can do is Abend my I-485 and go for CP Processing based on (I-824) and stay legally on H1B1??...Will this be a good idea??
 
Ginnu...thanks a lot for all your replies, Your response gives me lot more strength...where I am now ..its gives be some relif from the problems I am facing...

I am also going to talk Attorney’s in the next week. But also its better to find out more from gurus like you !!
-------- You Must talk to good lawyer you have many issues of AP use posted many time in other post and still you don’t follow what USCIS says. You have many questions for CP better go to lawyer

One more question !

My H1B1 has been expired and i was in US on H1B1 for 5 years and I have applied for extension last year but I have not paid the fee of $1000 extra in the RFE they sent they has sent me letter after 60days...well I hope its gone now !!
----------------- Your H1 has gone and you are Not on H1 and cannot extend or transfer H1
I heard from my Attorney today...That even though my H1B1 has expired...based on my I140/Labor approval...i am eligible to apply for the H1B1 extention for the 6th year..Will this be possible..??
-------- That attorney is wrong, you don’t have valid H1 status and you cannot file H1 extension. If you maintain valid H1 and if LC filed 365 days back or I-140 filed or I-485 filed and pending one becomes eligible for 7th year H1 extension if one hits 6 year and have valid H1 status. Your situation is different you/your employer missed it by not paying $1000 fees to USCIS.
If so ..What i can do is Abend my I-485 and go for CP Processing based on (I-824) and stay legally on H1B1??...Will this be a good idea??

----- One can file for CP and can work and remain on H1b status, but you have lost H1B status and you cannot extend H1 status.
 
Hi Ginnu;
All your posts are very informative...however I had a question in your reply you mentioned that 485 is considered abandoned as soon as someone applies 824...and thus looses all derived benefits of EAD & Advance Parole....however if thats the case how can a person who is using his EAD and decide to apply 824, can continue using EAD till the point of his interview...this can be another 4 to 14-15 months depending whether the applicant consulate needs approved 824 or only the receipt....Please clarify the same....because my understanding was 485 stands abandoned only and only when the service center processes the application and not only on applying....

Thanking you...
 
Originally posted by immiadvice
Hi Ginnu;
All your posts are very informative...however I had a question in your reply you mentioned that 485 is considered abandoned as soon as someone applies 824...and thus looses all derived benefits of EAD & Advance Parole....however if thats the case how can a person who is using his EAD and decide to apply 824, can continue using EAD till the point of his interview

----- one cannot use EAD if I-485 is abandoned, EAD AP become invalid, one needs valid H1 to work
...this can be another 4 to 14-15 months depending whether the applicant consulate needs approved 824 or only the receipt....
few consulate can accept reciept if that consulate accepts lawyer certified I-140 other consulate need the I-140 to be sent from USCIS to NVC and then they NVC sends the file to consulate for CP interview

Please clarify the same....because my understanding was 485 stands abandoned only and only when the service center processes the application and not only on applying....
------ you can clear this with good lawyer
Thanking you...
Click to expand...
 
so does that mean...one who doent have valid H1 and is using EAD, cannot apply 824 route....

or if once 824 submitted cannot work till he gets his interview and GC for according to your post his EAD in invalidated on application of 824....
 
so does that mean...one who doesn’t have valid H1 and is using EAD, cannot apply 824 route....
----- you are correct, if you file for CP then AOS(I-485) is abandoned and you need H1 or any other work visa status to work and remain in US, EAD, AP are based on Pending I-485, once the base of EAD AP goes you cannot work with invalid EAD and it will be unauthorized work
or if once 824 submitted cannot work till he gets his interview and GC for according to your post his EAD in invalidated on application of 824....
---- my above statement or opinion has answer to that
 
I have paid money to attoney today to discuss this to change to H1B1 from EAD, he said there's a new law as per I am legally working in the US and have valid EAD we can apply for H1B1 6th year extention????>..I don't belive him ..Is this true???


H1 to EAD and changing EAD(H1B1expire) to H1B1
---------------------------------------------------
I have been in the US for 5 years on H1B1 but I Have
applied for H1B1 extention and I got a query to send
another $1000 as its was not considered has the third
extention in the mean while my labour was approved and
I got EAD/AP so I havn't sent the $1000 check and my
H1B1 extention was cancelled, And it been 6 months
now.....
Now I am planning to cancel my AOS(I485) and like to
change it to (AC140-)CP Processing, In which my EAD/AP
will be cancelled...
How can I go back to H1B1, Can I apply for H1B1
extention now based upon my Labor Approval and I-140
approval....

Please advice !!!
 
I have paid money to attorney today to discuss this to change to H1B1 from EAD, he said there's a new law as per I am legally working in the US and have valid EAD we can apply for H1B1 6th year extension????
-----Ask him the new law or link to new law, you cannot file for H1 EXTENSION, you are NOT on H1B status at this time.
>..I don't belive him ..
---- You should not
Is this true???
------ Ask the lawyer, you have paid him, and lawyer must show you the new law/regulation/Memo. According to me no such law /regulation/Memo exist that says you can file H1 Extension if you are NOT maintaining H1 status. You need to be in valid H1 status to file H1 extension. FYI Employer files H1 extension if you have valid H1 status.

H1 to EAD and changing EAD(H1B1expire) to H1B1
---------------------------------------------------
I have been in the US for 5 years on H1B1 but I Have
applied for H1B1 extension and I got a query to send
another $1000 as its was not considered has the third
extension in the mean while my labor was approved and
I got EAD/AP so I havn't sent the $1000 check and my
H1B1 extension was cancelled, And it been 6 months
now.....
------- You cannot do anything now your H1 is cancelled (I repeat twice)
Now I am planning to cancel my AOS(I485) and like to
change it to (AC140-)CP Processing, In which my EAD/AP
will be cancelled...
--YES
How can I go back to H1B1, Can I apply for H1B1
extension now based upon my Labor Approval and I-140
approval....
-----No you cannot apply H1 EXTENSION you are NOT on H1 b status ( I repeat 5 times)
 
You must log in or register to reply here.
Top