CP or not to CP

[kd1403]

Desi:

I am not sure about the exact timing but here are 2 options that I can think of:
1. Primary applies for regular CP and Derivative for AOS

OR

1. Primary and Derivative apply for AOS. Then after getting AOS receipt, primary files for I-824 to change from AOS to CP and follows the AC I-140 route based on I-824 receipt. If using opt 2 then make sure your consulate accepts AC I-140 (Bbay and N.Delhi are the 2 Indian consulates accepting. Chennai does not accept opt 2.)

 

[kd1403]

GCCHahiye:

What should ideally happen for this (CP for primary and AOS for derivative) to work is that prior to primary goes for CP interview the derivative should get EAD and hence will no longer be on NIV status and hence not affected when CP candidate moves from NIV to GC status.

Thats why i say it is possible but one needs to sit with the attorney to discuss and plan the exact timelines for applying for the two candidates since it is all a matter of time.

 

[rvalla]

vick4394
Do not take any chance! Just go for AOS. If at all somebody ask you about your wife status, you cannot even enter this country back bacause you supported an illegal non-immigrant!

GO for AOS.

Originally posted by vick4394
Hi,

I am currently filing for my I 140 and wanted to know whether to go for CP or Change of Status. I have been in the US since 1996 on a F1 visa then on an H1-B and have always been in status everything by the book. But my wife of 2 years was out of status after her F1 Opt expired for 8 months and then got another F1 and is now on an H4.

So what are the issues associated with my case at any level.

Thanks again.

Vick