CP and I-485 on two different approved I-140s?

N

november1

Registered Users (C)
Hi

I was wondering Is it possible to have I-485 pending with one application (I-140 OR ) and CP pending with the second application (I-140 NIW) at the same time? Both I-140s have been approved at the VSC.

I did not OPT to Consular Processing on my I-140 NIW. And I know that, if I want to go to CP, I have to submit I-824. But, would that mean that I am abounding my I-485 (although I-485 is based on the approved I-140 OR, and is pending in VSC)?
Thanks

November 1
 
Hi I am somewhat in the same situation as you -- did you get any more knowledge on this kinda situation? Thanks.
I have 2 1-140's approved.

An EB3 concurrent 1-140/1485 at NSC which was filed in Aug 2003 and approved in March 2004. waiting for 485 approval.

An EB1EA filed at VSC in Jan 2003 and approved Oct 2004.
My lawyer is suggesting that I go for consular processing for the EB1EA.

Can I continue both simultanaously? At what point do I have to give one up for the other? Can I still use the AP for travelling even if I have CP happening? I do not have an H1B stamped in passport.
 
november1

Hi
Well I talked to two different lawyers and they told me two different thinks.
One told me that: yes it is possible to do CP based on your second I-140 application while the first one is still pending with the AOS. But, he could not answer any questions about the possibility to use AP to come back home if something bad happens during the CP process.

The second told me that: one person cannot pursue the CP and AOS simultaneously, bit you have to decide and use just one path.

So, I don’t know what to do.
So far, I just have I-485 pending.
I would really appreciate if you could share your knowledge with me.
Regards,
November1
 
Thanks November.
My lawyer told me that we could pursue both options, but at one point we would get a letter asking us to make a choice. he has started my CP process.. and I would go for it, I only now have to get my H1B stamped on my passport. Hopefully in Mexico. Let see. i will keep you updated and you too ok? Thanks again.
 
Because if there is any problem with CP, then how will I come back to the US. I only have Advance Parole papers right now. Do you think I am worrying for nothing?
 
november1

Hi,
I was under the impression (based on reading CP experiences in this forum) that when you go to the Consular interview, they will cancel your valid H1B visa stamp.
I am a little bit worried about that. I do have AP, but I don’t know if one can use AP to come back to the country if CP goes bad.
That was my main question. But my lawyer did not answer it. He told me that I should not worry about that- if they don’t approve my GC at the Consulat they will not approve it in the USA. And I understand that. But, I am from the country were things are a little bit different compared to the USA and much more difficult.
So, I really would like to know if there is any way to come back to the USA (using AP) if something goes wrong. You can not use H1b if they cancel it.
Maybe you can ask your lawyer and let me know.
Thanks
November1
 
The H1B is not connected to the CP processing. They will only cancel it in case of fraud or some other bad thing. My lawyer said, having H1B is always the safest. I want H1B just as a safety measure. I am also confused out of my mind. Are you planning on getting an H1B stamp? I am thinking of going to Mexico for it. Let me know what you plans are too.
 
november1

Hi
I was thinking to go to Canada. But, I have a problem with the security check(apparently, they are doing some security check when you are applying for the visa, and sometimes that may take a long time). I don’t want to be stuck there for couple of weeks, it that happened.
I am still thinking about this option. Good luck to you. Let me know how it goes. I will let you know if I decide to go through with this.
November1
 
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