CP and I-485 Can I do both?

C

cat99

New Member
My Labor got cleared. I am now supposed to file I 140 + I 485 or I-140 with CP.

My question is can I do both (CP and I-485)? What are the advantages and disadvantages in this method?

I am thinking that, with CP, the interview which would happen after 6 - 8 months from the date of apply, it is a bit risky as if I loose my job before that, I cannot get through the interview process. Also, I do see a risk, as I am leaving the country and coming back, and if I am denied the entry or the GC during the interview, I may not be able to enter the country again (I still have H1 available for the next two years, I am not sure whether that will help me.)

With I 485, I believe it is more flexible that I can switch job incase I loose the existing. But the risk, I believe, is still not cleared out, as there is always a question from INS with RFE for employment. I am not sure whether changing job after I-485 is applied is really safe. I am also hearing that such jumping jobs could affect GC renewal after 10 years or Citizenship process.

I see CP with a sharp short term risk, I - 485 with mild long term risk.

What if I do both, to cover each other and to see the best of both worlds?

Any help really appreciated.

Cat99
 
I dont think there is a mild long term risk if you change your job, as far as you play within the rules (there are a lot of discussions on this board and information on the net regarding these rules).

The downside, with 485, however is that you have to wait for much longer to get the green card (exact time depends on the service center).

With CP, if you lose your job before your interview, thats pretty much end of the case. Reasons of rejection of CP however are exactly same as those for 485. So, if your CP gets rejected, your 485 will too (albeit a bit later becaue the process takes longer).

Last, no you can not do both. You can start with both but you have to give up one or the other. If one could do both, almost everyone on this board would... :)
 
cat99

You said your labor is cleared.
Not sure if you know that there is a recent law by which you
can apply for I-140 and I 485 at the same time - this will
cut down your 140 processing time .But the risk is if INS
holds ur I140 till your 485 is cleared, you won't be able to
switch employers after 6 months of 485 since that basically
requires that the I140 be approved.

You might want to consider this new law when deciding
about 485 vs CP

u_me
 
Since CP starts after I-140 approval, simultanious filings for I-140 and 485 is better. This way you may end up in getting your GC faster than CP. Good luck..
 
You must log in or register to reply here.
Top