Can we go for CP with a second I-140 when I-485 is pending

A

athreya

Registered Users (C)
I know this issue has been discussed in the past but I did not get a clear sense.please only non slanderous answers are requested.I know majority of the people here are very helpful and I appreciate that very much.

I have a I-485 pending (thro my National interest waiver)for last few months at vsc.I have EAD & AP from this I-485. recently my long standing Labor got cleared .I am thinking to apply for my second I-140 thro my approved labor and choose CP in it.my questions are:

1. Does doing both CP & Aos simultaneously create problems.(I am the primary in both situation)
2. when filling this second I-140 application should we include the A# from my pending I-485 or leave it blank.
3. there is a following item in the I-140 application how do I answer that,
this question is being asked for my petitioner that is my employer:

"Has any immigrant visa petition ever been filed by or on behalf of this person?if Yes-attach an explanation if you answered yes to any of these questions, please provide the case number, office location, date of decision and disposition of the decision on a separate sheet of paper."

Thanks in advance
 
No Title

This is possible ,if the petitions are from two different employers.
If ur going for CP u should be working for the employer who sponsered the GC.The A# can be ignored .

Personally the way things are proceding , i guess CP is not a good option compared to AOS.
 
No Title

Thanks for the reply.My first I-140 was self petitioned (National interest waiver)which is the one in I-485 stage & second I-140 is thro labor from my current employer.I have been with same employer for more than three years now.
how does this work out for CP.does my AOS cancel out automatically if I apply for CP.
 
No Title

I guess ur AOS will be abandoned if u apply for CP

Note from Rajiv:
INS has indicated that it will consider an I-485 to have been abandoned if an I-824 requesting Consular Processing is received by them. This is bad news. So far we have been processing consular processing cases hoping that I-485 will continue to be active.

Hope this helps
 
Thanks defjam, but

is\'nt the note from rajiv for when one is trying to convert I-485 into CP(that is when one files I-824).what I am trying to do is use my second I-140 for CP not my original I-140 used in my current I-485.please comment,thanks
 
Consult a lawyer

I would suggest you to talk with a lawyer like Sheela Murthy or Rajiv Khanna, not that it would make any difference, as what lawyer gives you is just an opinion and nothing is for sure. I have 485 and CP in process simultaniously with my spouse as the primary on one and me as the primary on the other. I spoke with 3 diff. lawyers about my case and all of them had different opinions.
Good luck
 
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