Consular Processing + I-485 simultaneously

V

vpampatt

Registered Users (C)
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.
 
1) Can we file both Consular Processing and I-485 at the same time?

=> NO. You have to take one path only. If you go CP way, you forsake the 485 way since that's what the new law states. earlier we could do both.....So your option would not work too

Approved Labour Certificate is in EB3 category. ==> You cannot change what has been approved. It is like when you buy a economy class ticket, you need to sit in economy class, you cannot sit in first class with an economy class ticket. You cannot even pay here to go to first class....:)

Also with current situation, Eb3 or Eb 2 does not matter, just go ahead and apply ASAP....and get in the line...I will be following you too soon with a similar approved LC..:)
 
If NOT, how about filing first I-485 and after 182 days file for Consular Processing. Are there any problems with that?


===> Taking back my notes earlier.. You can do this I presume, but way things are now with 140 and 485 parallel processing. You might be able to get your 485 approval before you goto CP
 
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