CP Issue - A Unique situation....

S

singarb

Registered Users (C)
Hi all,

I need some suggestions on this issue. The highlights of my GC processing are

1. My 6 years H1B timeframe is ending on May 28 2003.

2. Labor certification took more than 3 years to clear from TSC. I applied for LC on May 25, 1999, and got it cleared only in July 2002.

3. Filed my I - 140 asking for CP on 12th August 2002.

4. My calculation was that the I-140 will get cleared in February 2003 and I will get my appointment durng June or July 2003.


The situation I am right now is very different and unique. My wife is now carrying and the baby will be due during june or july of 2003. So.....obviously she cannot travel to India during the last months of her pregnancy. This gives goose bumps when I think of its effects on the GC processing. There are several questions to be answered and I need your HELP.

1. If I have my baby given birth in India, how can I bring my baby here to the U.S. If so, how? What will happen to the baby's immigration status?

2. Or, since my LC took 3 years to clear is it possible to extend my H1B and stay in U.S for the delivery and probably for another 6 months until the baby is big enough to travel? Can I change the appointment date to some other date?

3. Or, is it possible to change my CP to AOS and stay here with an EAD?

Your views on this will be helpful.
Thanks.
 
Originally posted by singarb
Hi all,

I need some suggestions on this issue. The highlights of my GC processing are

1. My 6 years H1B timeframe is ending on May 28 2003.

2. Labor certification took more than 3 years to clear from TSC. I applied for LC on May 25, 1999, and got it cleared only in July 2002.

3. Filed my I - 140 asking for CP on 12th August 2002.

4. My calculation was that the I-140 will get cleared in February 2003 and I will get my appointment durng June or July 2003.


The situation I am right now is very different and unique. My wife is now carrying and the baby will be due during june or july of 2003. So.....obviously she cannot travel to India during the last months of her pregnancy. This gives goose bumps when I think of its effects on the GC processing. There are several questions to be answered and I need your HELP.

1. If I have my baby given birth in India, how can I bring my baby here to the U.S. If so, how? What will happen to the baby's immigration status?

If the baby is born in India he/she will get a green card (as opposed to citizenship if the baby is born here).

2. Or, since my LC took 3 years to clear is it possible to extend my H1B and stay in U.S for the delivery and probably for another 6 months until the baby is big enough to travel? Can I change the appointment date to some other date?

Sure, it would be possible to delay the interview. You can get your H1 extended for 7th year. It will also be possible to delay the interview by delaying sending back the P3 or also by requesting the consulate to give you a date sometime in the future.

3. Or, is it possible to change my CP to AOS and stay here with an EAD?

That is also possible. In fact, you might be able to take advatage of the recent concurrent filing law and apply for your I485 right now and possibly get your EAD within 3 months!!

Your views on this will be helpful.
Thanks.
Click to expand...
 
hi cpmumbai2002,
can you please elaborate on how we can get the thing done in each of your response. Like forms and stuff....because, CP is done only for myself and my wife and not for the baby. When we need it for the baby, what are the procedures involved.


And If I want my H1B extended and postponed my CP invertiews, what forms do i have to use or how I can find out that i can stay here for more than the stipulated 6 years.

And If i can change CP to AOS how can i do that when i have filed my 140 asking for a CP. If there are two applications TSC will drop its AOS case and let the CP take over.

Thanks for your response.
 
Originally posted by singarb
hi cpmumbai2002,
can you please elaborate on how we can get the thing done in each of your response. Like forms and stuff....because, CP is done only for myself and my wife and not for the baby. When we need it for the baby, what are the procedures involved.


And If I want my H1B extended and postponed my CP invertiews, what forms do i have to use or how I can find out that i can stay here for more than the stipulated 6 years.

And If i can change CP to AOS how can i do that when i have filed my 140 asking for a CP. If there are two applications TSC will drop its AOS case and let the CP take over.

Thanks for your response.
Click to expand...

As far as getting the GC for the baby if he/she is born out of US, I am not sure of all the paperwork reqd, but I am assuming that only the birth certificate will be required either at the time of the interview and/or at POE. Check this thread for experiences of other people who might have done this.

For 7th year extension, the paperwork reqd is the same as when applying for a regular H1 extension with additional proof of meeting the requirements for the 7th year extension, namely more than 365 days passed since applied for labor and pending I140. You can apply for the H1 extension 6 months prior to expiration so you should be able to apply for it when your I140 is still pending.

As far as filing for I485, I know that after your I140 is approved, you can just file the 485 papers even though you applied for CP. The INS service center will just request all the paperwork back from NVC. I am pretty sure that you can also apply for the concurrent 485 even though you applied for CP in your I140, but check with a lawyer first.
 
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