CP or Adj. of Status - dilemma.

G

gmanu

Registered Users (C)
Hey gurus,

Here is my dilemma. I have my I-140 approved and unfortunately can't apply for the I-485 due to the retrogression. My PD is Nov 2002 and its just Jan 2000 going on right now. I was wondering if this would be a good idea.

I am planning to apply for the I-824 thereby doing a CP instead of Adj of status here. The idea is at this time I-824 is at July 2005 and if I apply now I hope to get that done say by 7-8 months. The way it is right now I don't have any hope on the visa dates to go over to Nov 2002 (my PD) in a year if not more. So having done the I-824 all I need to do is wait for the PD to be current and once done get the package from NVC and go for consular processing. This way I avoid the painful process of EAD, AP and renewing them every year for god knows how long.
I checked with my lawyer and he confirmed that if for any reason INS come back and says that we can do concurrent filing again, then I can withdraw my I-824 and apply for the I-485 from here. The drawback is that it would take more time to get my EAD as the papers need to be sent to the INS from the NVC here.

The issue I am worried about is I work out of NJ and my labor was applied from Delaware (my company had an office there but does not have it anymore) and eventually got approved after 3 whole years. There was a small hiccup there - my company said that due to the query from INS that labor from Delaware was withdrawn and so the reapplied for a new labor in NJ. All of a sudden my lawyer calls me and says that the labor which was said to have been withdrawn was never done and it got cleared. I didn't know if I should have felt happy about it or not. Then with skepticism I applied for I-140 and got that cleared in 3 weeks. Now since these things happened I have a small fear in the back of my head to go for CP as I would not want to be in a situation where I am asked about any of these and my second labor from NJ and on that basis get rejected. I was told that once they reject in Consulate, that is the end of it and there is no way I can even come back to the US. If there is a query in Adj of status I can still legally stay and work in the US while my lawyer fights that query. This is not an option in CP and my dreams of getting a GC is done with unless I want to wait for another year, come in a new h1 and go all the way back up again. (Is that true, isn’t there anything we can do if they reject it in the Consulate?)

From the above scenario can anyone tell me what would be the pros and cons in this route. My lawyer says CP could be faster but a lot riskier and he would not advise me to go that route. Not sure if I should take a chance there. Any advises/real life experiences on this would be much appreciated.

Regards,
SG.
 
any one with any info

Guys,
Does anyone have any feedback about the above post. Any personal experiences ? Pls. advise. Now that they are making it even difficult with security checks for AP too, it's going to be next to impossible to travel when we want if we do an Adj. of status here. Could anyone respond with any info. Appreciate it.

Thanks,
SG
 
Since you cannot file I485, EAD and AP, why is filing I824 not a good choice? What’s the difference if doing so?
 
clarification

Hi Immig,
The question here is while I-824 is pending what if the dates become available. I then have to cancel the I-824 and do an Adj.of status here. If I take a chance and not file Adj. of Status here and wait for the I-824 to be processed and cleared to go for CP, then what if it goes back 2 or 3 years. I will miss out on the opportunity to file for EAD here in that case and have to wait for another extended period to go for CP.
The big question is how difficult is it to cancel the I-824 and file for Adj. of status, has anyone done it before. That is all I want to know which will help me to make my decision on filing for CP or Adj of status.

Thanks,
SG.
 
gmanu said:
Hi Immig,
The question here is while I-824 is pending what if the dates become available. I then have to cancel the I-824 and do an Adj.of status here. If I take a chance and not file Adj. of Status here and wait for the I-824 to be processed and cleared to go for CP, then what if it goes back 2 or 3 years. I will miss out on the opportunity to file for EAD here in that case and have to wait for another extended period to go for CP.
The big question is how difficult is it to cancel the I-824 and file for Adj. of status, has anyone done it before. That is all I want to know which will help me to make my decision on filing for CP or Adj of status.

Thanks,
SG.
Click to expand...

It is not difficult. Your attorney should take care of that.
Usually USCIS asks if you want to continue with CP or AOS.
 
gmanu said:
Hi Immig,
The question here is while I-824 is pending what if the dates become available. I then have to cancel the I-824 and do an Adj.of status here. If I take a chance and not file Adj. of Status here and wait for the I-824 to be processed and cleared to go for CP, then what if it goes back 2 or 3 years. I will miss out on the opportunity to file for EAD here in that case and have to wait for another extended period to go for CP.
The big question is how difficult is it to cancel the I-824 and file for Adj. of status, has anyone done it before. That is all I want to know which will help me to make my decision on filing for CP or Adj of status.

Thanks,
SG.
Click to expand...
No, the big problem is not how difficult for you to cancel I824 but how much time to process the I824 and how much time you will expect your PD becomes current. If, for example, the I-824 can be completed within 6 months and your PD will unlikely become current within 6 months, why should you not choose the CP?
 
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