CLARIFICATION: CPP (on spouse's I-140) while AoS is pending

M

mbm

Registered Users (C)
Hi friends,

highly appreciate your inputs on the following questions:

As my dependents and my I-485 applications are long pending at CSC since April '02, which is based on my I-140 from my employer, and not sure how long it takes to get the approvals.

Now we are planning to file for CPP (for her, our kids and me) based on my wife's recently approved I-140 for CPP, filed by her employer.

Wondering would there be any problems for our pending AoS, as BCIS considers filing for CPP is abandoing of pending AoS, I think?

Also would there be any problems during our CPP interview due to pending AoS ?

Any inputs are highly appreciated.

Thanks in advance,
MBM
 
Not at all!

You have to realize that these are 2 separate petitions with 2 separate principal applicants- so, you can go ahead and file for CP. Once you get your GC thru CP, you can inform INS to stop processing your 485. I don't foresee any problems except ofcourse, paying for both CP and AOS! Good luck!;)
 
Thanks Rajeev, have a question to you

would it be a problem during CP interview, if I (primary on I-485) use EAD (already received based on pending I-485).

Should I be indicating the A# (received from pending I-485) in item # 25 in DS-230 part-1. Please note that we all are currently either on H1 or H4, there approvals does not have above mentione A #?

Could you please let me know the list of forms NVC send us these days in packet-3 and packet -4 or the equivalent?

Appreciate your response.

Thanks in Advance,
MBM
 
Re: Thanks Rajeev, have a question to you

Originally posted by mbm
would it be a problem during CP interview, if I (primary on I-485) use EAD (already received based on pending I-485).
There will not be any problem as you and and spouse are following differnt paths.

Should I be indicating the A# (received from pending I-485) in item # 25 in DS-230 part-1.
Yes. You need to indicate all the A# you have.

Please note that we all are currently either on H1 or H4, there approvals does not have above mentione A #?
Once you use EAD then there H1/H4 is no longer effective/valid.

Could you please let me know the list of forms NVC send us these days in packet-3 and packet -4 or the equivalent?
Lot of info on this forum. Please dig in.

Appreciate your response.

Thanks in Advance,
MBM
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cpDelhi thanks for your response and ....

Please note that I have EAD but not used so far, I was asking if I had to use it at a later date, before the interview, would that be a problem?

Regarding A#:

Since we all are currently either on H1 or H4, which were approved/used to enter into US, at the time when we didn't have A#, hence I was wondering should we be indicating the A#?

Sorry for the confusion.

Appreciate any further clarfication on this.

I am quite famililar with the contents of pkt-3 and pkt-4 as of April '02 (before I continued with AOS than CP, after waiting for I-140 approval notice to arrive at NVC from CSC for 6 months), but was looking for any changes in pkt-3 or pkt-4 contents after that.

I beleive we need to fill up form DS-230 part-1 for all family members plus form OF-169 in pkt-3

DS-230 part II in pkt-4.

Am I missing any other forms here?

Thanks,
MBM
 
Re: cpDelhi thanks for your response and ....

Originally posted by mbm
Please note that I have EAD but not used so far, I was asking if I had to use it at a later date, before the interview, would that be a problem?
No. Using EAD for yourself and going for CP interview on basis of Spouse's will not be a problem. To be on safe side make sure you have a Advance parole. If you do use EAD, please don't forget to mention it on your DS 230 part 1 form.

Regarding A#:
If there is no A#, then just enter "none" in that filed. I am not sure if EAD card has a A# (in case you use it).

Since we all are currently either on H1 or H4, which were approved/used to enter into US, at the time when we didn't have A#, hence I was wondering should we be indicating the A#?
Jsut enter "none" in the DS 230 part 1 form.

Sorry for the confusion.

Appreciate any further clarfication on this.

I am quite famililar with the contents of pkt-3 and pkt-4 as of April '02 (before I continued with AOS than CP, after waiting for I-140 approval notice to arrive at NVC from CSC for 6 months), but was looking for any changes in pkt-3 or pkt-4 contents after that.
To my knowledge, the content sof P3 and P4 are the same for last 6 months. If there are any new changes (within last month), then I am not aware of it.

I beleive we need to fill up form DS-230 part-1 for all family members plus form OF-169 in pkt-3
DS 230 Part 1 for yourself and dependents.
I-134 (Affidavit of support) for all dependents.

DS-230 part II in pkt-4.
Fill the form but don't sign it. You will need to sign the form in front of the consular officer during the CP interview.

Am I missing any other forms here?
I-134 listed above.

Thanks,
MBM
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