CP time estimate

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sb_tiger

Registered Users (C)
I am awaiting my I-140(EB2/RIR/VSC). I had opted for concurrent I-485. ND 10/01 for all. I have got my EAD/FP/AP etc. I await I-140. I have not gotten any RFE on I-140 but no AD yet.

1. Since I did concurrent filing for 485. What are the implications if I choose to apply for CP now. I read some note I-485 gets abandoned. What does this mean and imply.

2. What is the estimate of CP for New Delhi from AD of I-140.
Do I hope to save some time if I apply for CP - assuming I get my I-140 in the near future?


3. What is AC140. Thre seems to be some choice/option for CP- I-824/AC140.

Thanks a lot guys.
 
Originally posted by sb_tiger
I am awaiting my I-140(EB2/RIR/VSC). I had opted for concurrent I-485. ND 10/01 for all. I have got my EAD/FP/AP etc. I await I-140. I have not gotten any RFE on I-140 but no AD yet.

1. Since I did concurrent filing for 485. What are the implications if I choose to apply for CP now. I read some note I-485 gets abandoned. What does this mean and imply.
If you chose CP, your AOS (I-485) will get abandoned. I am not very sure how you would change the route form AOS to CP right now. I am sure INS has some form to do that. Earlier when there was not concurrent I-485 filing option, each individual had to file I-824 to change from AOS (I-485) to CP route.

Abandoning of I-485 means that an individual will not be get his/her GC while staying in US. He/she will have to travel to US embassy in thier home country for CP interview with the whole family. An individual will also have to maintain the H1 status or any other applicabe status while staying in US.

2. What is the estimate of CP for New Delhi from AD of I-140.
Do I hope to save some time if I apply for CP - assuming I get my I-140 in the near future?
Estimate time period after I-140 approval and CP interview is about 5 to 7 months. CP processing surely saves some time over AOS but it has it disadvantages also. Please make sure you understand each process before making a decision on choice of GC route.

3. What is AC140. Thre seems to be some choice/option for CP- I-824/AC140.
AC140: Attorney Certified I-140. This is usually done when an individual wants to shift from AOS to CP. An individual needs to file I-824 and then use th AC140 route. Filing of I-824 is a prerequiste for AC140. All US consulates in the world don't accept AC140, but US Embassy in New Delhi does accept AC140 cases.


Thanks and Good Luck.
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CP estimate

Thanks very much.

So- if I140 takes about 3-6 months and CP takes 5-7 months. The GC would take about 8- 13 months via CP route. Else it may take 12-24 months. Is that a fair conclusion.

AC140 - so is this some kind of a shortcut in the CP process in lieu of something else?

If the CP gets rejected for some reason- you are stuck in the home country rather than here. Also one's EAD/AP become invalid if you apply for CP- hence the need to maintain H1 and mult. entry visa etc?

Thanks again,
 
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Re: CP estimate

Originally posted by sb_tiger
Thanks very much.

So- if I140 takes about 3-6 months and CP takes 5-7 months. The GC would take about 8- 13 months via CP route. Else it may take 12-24 months. Is that a fair conclusion.
True.

AC140 - so is this some kind of a shortcut in the CP process in lieu of something else?
If you had opted for AOS (I-485) route initially in the I-140 application and now want to do CP, then you have to file the I-824 form. One you have done the filing of I-824 or have got approval of I-824 then you may go forward with AC-140 depending on the US conuslate requiements in your home country.

[BI]f the CP gets rejected for some reason- you are stuck in the home country rather than here. [/B]
True.

Also one's EAD/AP become invalid if you apply for CP- hence the need to maintain H1 and mult. entry visa etc?
I am not sure if EAD or AP becomes invalid or not, once an individual applies for CP. But the individual does need to maintain legal status (H1 or whatever) during his/her duration of stay in US. Some indivduals have used the best of both the AOS and CP route by first optining for AOS and getting EAD and AP. After the individual receives EAD/AP, he/she files I-824 to opt for CP route. The individual can use AC-140 to get CP.

Thanks.
Click to expand...
 
Re: CP estimate

Originally posted by sb_tiger
Thanks very much.

So- if I140 takes about 3-6 months and CP takes 5-7 months. The GC would take about 8- 13 months via CP route. Else it may take 12-24 months. Is that a fair conclusion.
True.

AC140 - so is this some kind of a shortcut in the CP process in lieu of something else?
If you had opted for AOS (I-485) route initially in the I-140 application and now want to do CP, then you have to file the I-824 form. Once you have filed I-824 or have got approval of I-824 then you may go forward with AC-140 depending on the US conuslate requiements in your home country.

If the CP gets rejected for some reason- you are stuck in the home country rather than here.
True.

Also one's EAD/AP become invalid if you apply for CP- hence the need to maintain H1 and mult. entry visa etc?
I am not sure if EAD or AP becomes invalid or not, once an individual applies for CP. But the individual does need to maintain legal status (H1 or whatever) during his/her duration of stay in US. Some indivduals have used the best of both the AOS and CP route by first optining for AOS and getting EAD and AP. After the individual receives EAD/AP, he/she files I-824 to opt for CP route. The individual can use AC-140 to get CP.

Thanks.
Click to expand...
 
If your CP gets rejected I am stuck in my home country
Click to expand...

Not necessarily. If you still have a valid visa (say H1B) you could enter this country legally. But if your CP was rejected on grounds of legal violations (like Crime/Terror etc) then any of your valid visa (like H1B, etc) is also nullified and hence you could never enter US again.

I would say usually there is minimal rejection possibilities in CP (usually 99.5% of the people get it!!)


Hope this helps.

Cheers,
Ganesh.
 
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Rejection vs Request for info

CP rejection is different from consular officer delaying issue of immigrant visa because more info/clarification is required.

CP rejection means no more visa of any type to enter US and any other US visa previously issed to the applicant will also get cancelled.

Usually CP rejection for employment based is very minimal. CP rejection only happens if there is a fraud on the applicants name or mis-representation of facts.

Thanks.
 
aos to cp

any idea as to whether filing I-824 would immediately and automatically cancel the pending AOS application? or would ins give option at a later time between choosing between the two. also can one continue to be on ead until the cp interview through ac140 comes. thanks
 
kuversa,

I have replied to your question in a different thread. In brief, the moment you file I-824 your I-485 gets terminated automatically.

Futher details are available on the same subject by an earlier post by Rajiv Khanna.

Cheers,
Ganesh.
 
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