CP or 485

[Ruk]

My brothers Labor got cleared 2-3 days back. His company is now asking him whether he wants to go for concurrent processing of I140 and I485 or choose Consular Processing. Right now he is in India, since he does not have any project in US. He dont think he will be in US for quite some time. What should he do?

 

[tammy2]

To apply for 485 he must in this country. i.e Adjustment status.
One way is he can apply his 140 and come back apply for 485.
Other way is apply 140 and CP

 

[Ruk]

whether CP is risky from Bombay

Is CP risky than I485. Can my brother choose No concurrent filing for I140 and I485 as he is not in US right now, and choose CP now and then later change to I485 or viceversa.

 

[nkm-oct23]

Re: whether CP is risky from Bombay

Originally posted by Ruk
Is CP risky than I485. Can my brother choose No concurrent filing for I140 and I485 as he is not in US right now, and choose CP now and then later change to I485 or viceversa.

Yes, he can first file I-140 and indicate CP option. WHen I-140 is approved, he can choose either CP option or 485 option.
Since he is in India, he cannot file I-485 concurently with I-140.

CP is not riskier than I-485 but is faster.

 

[Ruk]

Thanks for the reply. I have heard that once you choose CP now, you cannot later change to 485. but the other way is OK i.e you can change later from 485 to CP. Is it right.