Consular Processing + I-485 simultaneously

[vpampatt]

Hello Gurus,

My 2 questions are:

1) Can we file both Consular Processing and I-485 at the same time?

If NOT, how about filing first I-485 and after 182 days file for Consular Processing. Are there any problems with that?

Also, If I leave employer after 182 days of filing for I-485 then do I have to work after 182 days. If I have to work- then other than
getting into a job with similar job description, do I have to make same salary as mentioned on Labour Certificate of Green Card.


2) Also, I am planning to use Approved Labour Certificate for Green Card I-140 stage.

Approved Labour Certificate is in EB3 category. But I have 7 1/2 years of experience. So, when I substitute that LC for filing my I-140, can I change from EB3 category to EB2 category.?

Your detailed reply will be highly appreciated

Neelakshi.

 

[banureka]

Answers:

My 2 questions are:

1) Can we file both Consular Processing and I-485 at the same time?

Answer: If you file for CP during I140 filling at any point of time you can switch over to I1485 with out filling any form. Meaning, you can file directly I1485 either after your I140 approval or before I140 approval.

If your I140 approved with CP, it goes to NVC and NVC will send you a letter to confirm whether you want to go still CP or I485. That way still you have choice to switch to I485.
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If NOT, how about filing first I-485 and after 182 days file for Consular Processing. Are there any problems with that?

Answer: If you first file I-485 and want to switch to CP later, you have to file for I829 to INS and go for Attorney Certified CP.

Chennai will not accept Attorney Certified CP.

Depending upon INS service centers for getting approval of I829 form will take 90 to 250 days.
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Also, If I leave employer after 182 days of filing for I-485 then do I have to work after 182 days. If I have to work- then other than
getting into a job with similar job description, do I have to make same salary as mentioned on Labour Certificate of Green Card.

Answer: After leaving 182 days you have to work with similar job description for any salary. You cannot work for other job descriptions even the salary is as mentioned in Labor Certificate of GC.
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2) Also, I am planning to use Approved Labour Certificate for Green Card I-140 stage.

Approved Labour Certificate is in EB3 category. But I have 7 1/2 years of experience. So, when I substitute that LC for filing my I-140, can I change from EB3 category to EB2 category.?

Answer: No, You cannot change from one category to another category when it is labor substitution but still you are eligible for EB3 since you have more than that experience.

Your detailed reply will be highly appreciated

Neelakshi.