CP to I485 to AC140-is it possible?-risk involved

E

explorer_inc

Registered Users (C)
Gurus,

My I140 got approved in Aug 2004 with CP option on it :) . However, because of recent EB-3 retrogression, I missed my CP interview at Mumbai by a month :( . Since my PD is Apr 2003 and I am not sure how fast it will move, I have deceided to go for I-485 option.

Q: By some miracle if PD becomes current in near future, would I be able to change my application from I485 to AC140 to make things faster? Are there any risks involved in this approach :confused: ?

Thanks,
Explorer.
 
Explorer,
It's amazing, my case is almost identical to yours. I did the medicals in a rush last week and just filed the I-485.
I don't know if we can do an AC140 now. Methinks not, because you do an AC140 when you had specified I-485 in the petition, and after you get the approved I-140 in hand but before paying the NVC fee bill. If you have actually applied for I-485, I don't know if you're allowed to do that.

The good news is that it is possible to switch from I-485 to regular CP by filing an I-864. bad news is that it's not very quick.
 
emailraja said:
Explorer,
It's amazing, my case is almost identical to yours. I did the medicals in a rush last week and just filed the I-485.
I don't know if we can do an AC140 now. Methinks not, because you do an AC140 when you had specified I-485 in the petition, and after you get the approved I-140 in hand but before paying the NVC fee bill. If you have actually applied for I-485, I don't know if you're allowed to do that.

The good news is that it is possible to switch from I-485 to regular CP by filing an I-864. bad news is that it's not very quick.
Click to expand...

Emailraja,

Great to hear from you. Let us use this thread to discuss cases like ours and any recent developments.

The key rationale behind AC140 is hardships occured due to long processing time with I-485. Logically, we should be able to use this rationale if you have changed your process from CP to 485 (need legal advice!).

Another key question is when would our CP file be retrieved from the consulate? In other words, when would USCIS start working on our 485 applications? If our CP file has not been retrieved from the consulate, we could file I-864 and immediately revert our case back to CP.
Later, Explorer.
 
Emailraja,


Are you applying for EAD and AP with your I485 application? Would that make any difference in how soon USCIS will process the I485 application?

Explorer.
 
Yes, I applied for EAD and AP both. I don't think it'll make any diff to I-485 because they'll put the I-485 away on hold until PD is current. They'll give you the EAD in a few months though. I don't know much about the hardships argument. I think lawyers don't either. My lawyer didn't even know what AC140 was! go figure. They'll just say there's no USCIS guidance on it, so it's open to interpretation. No gurantees.
 
Hello all
This seems to be similar to my case !!!! wellleaving apart the AC140 track. I applied for CP Option on I-140 and the case reached the NWD consulate in Nov 20th. But due to retrogressions of PD, didnt get any schedule for the interview.My PD is Nov2002.
My Lawyer adviced me to file I485 before Dec31st, which I did. He also suggested that even though I would get the Notice date for filing I485, still the case wouldnt move to the next step, which would be USCIS requesting the transfer for I140 Pkg from the consulate. And by then consulate might schedule an interview as they arent aware of the I485 till the service centre asks for the I140. The Interesting thing is that the Consulate may schedule an Interview when they recieve the Next Months Visa Bulletin. I dont know how much its true, but the Lawyer said its legal to file both CP and I485 (Or lets say its NOT illigal). He adviced not to file for EAD until utmost required. And go for 7th Year extn incase PD does not open till expiration of my H1 (i.e. Jan 2006).
I hope this coming from the professional (The lawyer) is trustworthy cos the same lawyer screwed up my case in delaying the P3 sending to NVC by nearly one month, which might have helped me in getting the dec Interview and I was done...... But theres more hopes in the mumble jumble of Immigration laws that I fail to understand.....
Hope this helps.
Marry Cristmas and Happy new Year to all in forum.
 
Bhasu,

I also believe that CP and AOS can go together legally until USCIS pulls one's case from the consulate. However, could you explain as to why your lawyer recommended not filing for EAD? Are you using a private lawyer or your employer's lawyer?
 
explorer_inc said:
Bhasu,

I also believe that CP and AOS can go together legally until USCIS pulls one's case from the consulate. However, could you explain as to why your lawyer recommended not filing for EAD? Are you using a private lawyer or your employer's lawyer?
Click to expand...

explorer_inc
Thanks for the input. I'm using our corporate Lawyer to whom i also have same access as mine is the only GC case my company is pursuing. The Lawyer perhaps refrained from using the EAD until 'utmost necessary' which means that if I'm to change the job. He suggested if you use EAD, then you cant use CP option at all and you are automatically withdrawn from CP.
Hope this helps.
 
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