CP as well as I485 ... PLEASE ADVISE

P

Pareshan4GC

Registered Users (C)
I have just filed for my I140 + I485 from a company (COMPANY_A)via substitue labor. I work for another company (COMPANY_B) and they have filed for my labor too. When COMPANY_B labor is approved, I plan to file for CP because a candidate cannot have 2 I485's running at the same time.

As per 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."
Now, when I file for my CP from COMPANY_B, will INS cancel my COMPANY_A I485 application?

I want both the applications running in parallel. What can I do?
 
I don't think going for CP for company-B will invalidate I-485 (company-A). They are two separate petition and both should be treated separately.

Many have done it in past. You have to mention CP on I-140 petition.

Also, make sure in Part-3 of I-824 you fill information about company-B I-140 (not company-A I-485).
 
You can have multiple 485 pending at service centers..But the catch is that they should be based on seperate 140 petitions...
Also since by doing this you are essentially promising more than one employers that you will be working with them in the future...You are very likely that your case will be transefred to a local INS service center and an INTERVIEW will be definitely scheduled....
 
Echo

Ricko just beat me to this - there would be definite questions on how you could have two future jobs that you plan to join at the same time...

Also, it think the article you read was about one person's pettition - changing the same pettition from 485 to CP after 140 approval.
 
@#$@%$%@#$%

http://www.immigrationlinks.com/news/news582.htm
OR
http://www.shusterman.com/245-824.html

What I understand from the above url's
If COMPANY_A has filed for my I485 and at a later time if COMPANYB files for my CP then COMPANY_A's I485 will be withdrwn.

Am I interpreting this correctly? If I am then I have wasted some serious money.


Also RICKO/DESIG ... I dont think I can have multiple I485 filed? COMPANY_B lawyer said this.

DESIG: "Ricko just beat me to this - there would be definite questions on how you could have two future jobs that you plan to join at the same time..."
The difference between the filing of COMPANY_A and COMPANY_B is 9 months.


Guys, I am totally Pareshan4GC
 
I know someone who got his GC approved through CP while his I-485 was pending at VSC. As someone already pointed out, both the petitions were backed by separate approved I-140.

Also, Lawyer is wrong by saying you can't have two pending I-485 at the same time. As long as they are backed up with different category/petition/sponsor, it's allowed. Many have I-485 based on EB and marriage at the same time.

You might face issues but you can file two at the same time.

Pareshan4GC said:
http://www.immigrationlinks.com/news/news582.htm
OR
http://www.shusterman.com/245-824.html

What I underst.........

Also RICKO/DESIG ... I dont think I can have multiple I485 filed? COMPANY_B lawyer said this.


............

Guys, I am totally Pareshan4GC
Click to expand...
 
Last edited by a moderator:
Pareshan

Please note the following bullets

1. When filing for immigrant visa petition (140) you need to specify if the
beneficiary will be filing for adjustment of status(485) or transferring the case to consulate of native country (CP).

2. In case you have already filed for 485 petition, if you need to change this to consular processing (transfer visa to consultate) you need to file 824.
By doing this, you are essentially abandoning your 485 process. You will be given a chance by service center to explain how to proceed regarding this within a fixed window time period. If you dont respond you have abandoned your 485 petiton....Essentially what this means is that you cannot have CP and 485 both filed simultanesouly.

3. You CAN have more than one 485 petitions pending....However they should be based on seperate 140 petitions. ALSO when you file the second and susbequent 485 petitions you need to checkbox an item on 485 form that tells that you have 485 peding at other/same service centers.. Like as I have said you will definitely be interviewed with your case transferered to local service center. ( rest easy....have confirmed this with leading immi. lawyers in past..I rest my case)

4. You can of course have 2 seperate 140 petitions...one going the 485 route and the other going the CP route... Its your choice how to proceed

5. WHat Rajiv is talking about is item #2 not #4...Please dont confuse these 2 diff scenarios....Yes you cannot have CP and 485 based on the same 140 petition.. You are abandoning your 485


All the best...
 
ricko said:
Pareshan

Please note the following bullets

1. When filing for immigrant visa petition (140) you need to specify if the
beneficiary will be filing for adjustment of status(485) or transferring the case to consulate of native country (CP).

2. In case you have already filed for 485 petition, if you need to change this to consular processing (transfer visa to consultate) you need to file 824.
By doing this, you are essentially abandoning your 485 process. You will be given a chance by service center to explain how to proceed regarding this within a fixed window time period. If you dont respond you have abandoned your 485 petiton....Essentially what this means is that you cannot have CP and 485 both filed simultanesouly.

3. You CAN have more than one 485 petitions pending....However they should be based on seperate 140 petitions. ALSO when you file the second and susbequent 485 petitions you need to checkbox an item on 485 form that tells that you have 485 peding at other/same service centers.. Like as I have said you will definitely be interviewed with your case transferered to local service center. ( rest easy....have confirmed this with leading immi. lawyers in past..I rest my case)

4. You can of course have 2 seperate 140 petitions...one going the 485 route and the other going the CP route... Its your choice how to proceed

5. WHat Rajiv is talking about is item #2 not #4...Please dont confuse these 2 diff scenarios....Yes you cannot have CP and 485 based on the same 140 petition.. You are abandoning your 485


All the best...
Click to expand...
RICKO,
Thanks for the wonderful analysis. I thought the same thing (for the same I140 petition) #2, but was in doubts.

I will definitely discuss this with my attorney but you did an excellent job of explaining this.

BTW, what did you mean by "Like as I have said you will definitely be interviewed with your case transferered to local service center"

usnycus : Thanks a lot too.
 
Answer from office of Sheela Murthy

RICKO,
An attorney from Sheela Murthy's office had to say the same thing ... #2.

Its a relief.

She also added that one can file for 2 I485s but they dont recommend doing that because of the complexities. She recommended 1 I485 and 1 CP.

Thanks again
 
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