change aos to CP? Help please

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Sangita Ghosh

Registered Users (C)
I just got my I140 approved. I mentioned aos in that. However I did not start the I485. Now, I am considering Cp as might take off years from the GC process. My lawyer says there are ways other than 824. HAve you heard this before? what's the usual way to change? 824? That is taking one year these days. I am thoroughly confused. Please help...
 
Originally posted by Sangita Ghosh
I just got my I140 approved. I mentioned aos in that. However I did not start the I485. Now, I am considering Cp as might take off years from the GC process. My lawyer says there are ways other than 824. HAve you heard this before? what's the usual way to change? 824? That is taking one year these days. I am thoroughly confused. Please help...
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First we are not qualified enough to disagree with your attorney.
They know better, atleast most of them.

If there are ways other than I-824 then you should take it to
come to the cp channal.

Lots of people have been in your shoes and finished their cp
interviews. But agian it depends on the consulate you are going
to, and whether they accept the AC140.

Raju
 
Thanks. I trust my attorney, but I have got excellent suggestions in the past from the discussion board. My address in India is Calcutta, so my interview would perhaps be in Mumbai. Anyone knows how cool they are. I have a clean record, no out of status etc.
 
Sangita:

I totally agree with raju that generally attorneys know the best. Since you fall under the bbay consulate jurisdiction you should be able to file I-824 and based on the receipt of I-824 (not approval...approval takes 1+year) you can have your attorney file what is called AC I-140 process since bbay and delhi are the two indian consulates accepting AC I-140 based on I-824 receipt.

AC I-140 process is explained well on the following site....
http://imminfo.com/Knowledgebase/FAQs/ACI140.html
 
Thanks a lot. Yes, I confirmed with my lawyer that this is the way he's going to go. He's a confident lawyer always maintains that I should go for CP. Shall do so.
 
sangita:

i am guessing you will be applying for your I-824 next week and in a couple weeks from then you will have the I-824 receipt. So somewhere around 3rd-4th week of August you will be mailing your AC I-140 papers. So assume approx 3-3.5 months from the time you mail the AC I-140 to get the cp interview.

As you file for I-824 you may also want to file for PCC for all applciants on this GC application. Coz getting PCC will also take about 45 days process time plus 1-1.5 weeks of mailing back and forth. So total 2 months approx!
 
I also got my I140 approved May end and filed for I485 (NSC) in first week of June.
Looking to the present scenario it may take 2 yrs to get GC.
There may be lot of guys thinking of CP even after filing AOS.
Please share with me your views.

1. What are the risks involved?
2. Can we apply for AC-I 140 and get receipt of I 824 and go for CP WITHOUT disturbing existing I 485 (already filed)?
3. If they(Consulate) deny, Will we be able to come back on H1 and work here OR we are not allowed come back.(Me and My wife are on H1B)?

Thanks in Advance
 
Nigam:
My lawyer says that chances of a refusal in India is faint , if we have paid our taxes, have never been convicted or stayed out of status etc.

I would check with him again, if by chance the GC is denied in India if we could get back with our H1Bs. I and my spouse are both in H1B just as you are
 
Sangita,
We both are working here on H1B and planning to travel on H1B (not even on A/P and also even we go for CP).

You know I was very much excited and almost ready for CP but following things stopped me.

1. My Question No. 3 "If they(Consulate) deny, Will we be able to come back on H1 and work here OR we are not allowed come back.(Me and My wife are on H1B)?" Will wait for your answer.

2. See this Link http://boards.immigrationportal.com/showthread.php?s=&threadid=88611 of shshah. It is Scary.

3. I was told by my lawyer that concurrent filing of I 140 and I485 is not a good idea. BCIS check those case very carefully. He advised me to go one by one though it take time. So I did that.
Does my 2nd point say same thing? MAy BCIS check carefully those applying for I 485 and then go for I824?

I have not asked anything so far to my lawyer, but after getting your reply will do that and then take decision.
Thanks for your reply...
 
Thanks kdivekar for your reply.

But as far documents and Legal Status are concerned. I was never Out of Status. But you know anybody in consulate can challenge your documents Like W2s, skill set (we modify our skill set) etc.
I am worried about that.
 
Also would like you to see following link (last note of NYB).
It is mentioned by Mr. Rajiv.

==========================================
I just read a note in the CP section by Mr. Rajiv Khanna stating that once I824 is applied, BCIS would consider it as abondonning AOS, so that is a drawback. But I believe from what other people have written, you could apply for ACI140 with a copy of receipt of I824 but the Embassy in Mumbai should accept your ACI140 (application on grounds of hardship). If they do then you are looking a consderably shorter peroid of time. If not, then you have to wait for your I824 getting approved and that it seems has a pretty long turnaround time and from the above note by Mr. Khanna you cannot choose to go back to AOS. (If my understanding of the process is wrong please correct me, as this will also enable me rightly evaluate the route I would like to take.)
==========================================
Check this out http://boards.immigrationportal.com/showthread.php?s=&threadid=88428&highlight=Note+from+Rajiv
 
Nnigam:

I am still unsure myself if we could come back with our H1Bs if there's a problem in getting Gcs at the interview.

Reading other posts regarding cancellation of 485 upon filing 824, I understand that our 485s stay intact while processing 824, till INS asks us to chose one of them. But before that happens we should be able to use our 824 receipts to do an AC-I140. However, I do not know how the attorneys can show any hardship as grounds.

I have not filed for 485 yet, just like you. I only have my I140 approved and have asked my attorney if I should file 485 along with 824. waiting for his answer
 
Nnigam:

I am still unsure myself if we could come back with our H1Bs if there's a problem in getting Gcs at the interview.

Reading other posts regarding cancellation of 485 upon filing 824, I understand that our 485s stay intact while processing 824, till INS asks us to chose one of them. But before that happens we should be able to use our 824 receipts to do an AC-I140. However, I do not know how the attorneys can show any hardship as grounds.

I have not filed for 485 yet, just like you. I only have my I140 approved and have asked my attorney if I should file 485 along with 824. waiting for his answer
 
Sangita,

I thought very carefully on following points,

If we are on I 485 (It will take approx 2 years).
- We can go to India and come back on A/P.(H1B is not required, but if we have it is good - In case 485 denied we will not be out of status)
- If we are on project we are not going to stay long there. we have to come back and work here.
- Just We have to worry for first 6 months, in case we go for AC 21

For C/P (It will take approx 1 year)
- We will get GC fast.. then....what..
- Only positive point I see is If you want to start your own business immediately. It is very useful(I am planning but let it be 1 year late)
- Or your spouse is on H4 (He/She can not work legaly, after GC they can...but same with 485. Many are working on I485 which they get within 2 months.)
- We can join any other company , more income (question of 1 year)
- We have to go India and come back(not a problem)
- Worried about problems/queries, if any , in consulate.


If you anticipate any problem with your employer you can go for CP and even with 485 , we can change our job after 180 days, if required.

After GC we are going to work here so let's assume we are on H1B for more one year.This way I am satisfying myself.

By the way I got query on 7/29 for I-765 and on 7/30 for I-131.
small query..sent color copies of passport and Driver License.
 
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