Can we go for Consular Processing while I-485 is pending!!!!

uvgc

Registered Users (C)
My I-140 petetion is approved for consular processing. But my lawer applied for I-485 with out seeing approval notice properly. He is seeing we can file for I-485 even if I-140 is approved for counselar processing. Is it true!!!!!!

Now lawer is saying we can go for even consular processing while I-485 is pending. Please post your comments... Thanks
 
No

If you file CP, then your AoS is assumed to be abondoned. If you have enough of time left on your H1, and are not looking to change jobs any time soon, and want to get your GC fast, then you might as well go ahead and apply for CP. However, these days, AoS is taking less than 1 year, and so you might as well wait it out.
 
Thanks for your messages

I\'ll stick to I-485 as my H1 is valid for another year. I filed for I-485 on 28th Aug waiting for receipt.

Please let me know if I have to do any thing to move with I-485 when I-140 is approved for Consular processing.
 
Nothing.. my I-140 was approved for CP. But lawyer applied for I-485

But such cases might be delayed at last stage. Just remember:
DO NOT fill up packet 3 and send to INS. Its for CP. Read the
thread "Pending DISCUSSION Again (Important" for detailed
discussion
 
No Title

ric, do not BS when you don\'t know the facts. I have seen multiple people opting for consular processing midway through their i-485 processing and all of them got approved as well. The i-485 application does not get abandoned just because one has also applied for CP.
 
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