Cp & Aos Simaltaneously

N

nch

Registered Users (C)
Dear Friends,
I would like to have input from experience of you folks. My situation is that I had I140 (NIW) approved and subsequently filed AOS pending since September 2002. Now I got another I 140 (LC based) approved recently. I have opted for CP at New Delhi for this I140. I would like to know that:
1. Does applying for CP automatically terminate pending AOS petition?
2. Could I renew current EAD and AP pending current 485 while pursuing CP on second I-140?
3. Is there any consequence to my existent AOS petition if I do not appear in a scheduled CP interview?
4. I have a valid H status but my visa has expired. If for any reasons if green card is denied on Consular Processing, could I enter US on my current AP and continue to pursue AOS petition or the embassy would cancel my AP also in that event?
5. I have worked in Iran (1991-93) and United Arab Emirates (1994-95). I have no connections left in those countries whatsoever. Would I be required to get Police Clearance from those countries?
I would greatly appreciate your responses.
 
I am in the same situation as you are. My lawer says that you can apply for AOS tru labour and CP tru NIW concurrently. I am planning to do that. You may consult with your lawyer and make sure that this information is correct.
 
My lawyer says that law is not very clear in this area but it is ok to file AOS and CP simultaneously as long as they are on the basis of two separately approved 140s.

My question is if for any reason CP is denied as well as H-1b is canceled at the consulate can I come back using AP and continue with AOS processing?

Thanks for your reply
 
Since you have 2 approved I140s,

you may apply for AOS and CP simultaneosly; However, if your CP is rejected for whatever reason, you may rest assured that your AOS will be rejected as well- the only caveat being loss of job which may be protected by AC21 provisions under AOS. If you try to use AP after CP rejection and the immigration officer at the POE know about the CP rejection, they may deny admission into the USA based on the grounds for CP rejection.;)
 
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