CP and AOS same time

A

aac

Registered Users (C)
My I-140 is approved for CP at Aug,2001, but I decided to do AOS then. I have my EAD and AP approved based on my 485. Now I plan to go back to China sometime this May. Can I start my CP again. I talked to my attorney today. Actually, he got my packet 3 from NVC long time ago, and he just ignore it because I choose AOS. So, here are my questions.
1. If I start CP, will it invalidate my current 485? I plan to use my Ead from this June. So, I have to keep my 485 valid.
2. What is the time frame? Can I expect an interview at May or june?
Thanks.

>
 
You cannot

Once you file for 485 and get your EAD, you cannot go back to CP. Check this Note from Rajiv Khanna.

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.

Please visit our FAQ before asking your question here, in case it\'s been answered already there: http://immigration.com/faq/greenvisa.html

This is true vice-versa.
 
No Title

My lawyer told me that I can file 485,EAD,AP. If I don\'t use EAD/AP, then I can file for CP. But before sending Pkt 3, I need to abandon 485 by writting it to INS with copy of Receipt Notice.
 
You can change from AOS to CP by writing your intent to INS

Your are close to reaching your 6 month portability limit for GC. Once your have completed 6 months after filing 485 you can change jobs and basically are not at the mercy of your employer

Talk to your attorney .. but you might be better off staying put with AOS as it will take another 5 months for your CP process to go through.
 
Actually, if everyting smooth I expect I can get my GC by AOS at

this September/October. I am with NSC. However, I heard from 485 issue in this forum that somebody`s case has been delaied because they indicated CP at 140, and did AOS later on. I talked to my attorney about this issue. He is not aware the time difference for 485 if you do CP 140 or AOS 140. Anybody heard this.
 
You must log in or register to reply here.
Top