CP while AoS is pending

M

mbm

Registered Users (C)
Hi friends,

not sure whether this is the right forum for this clarification, but thought of seeking your inputs, if any one has heard of such cases or have any suggestions.

Highly appreciate your inputs on the following questions:

As my dependents and my I-485 applications are long pending with INS/BCIS, which is based on my I-140 from my employer, and not sure how long it takes to get the approvals.

Now we are planning to file for CP(for her, our kids and me) based on my wife's recently approved I-140 for CP, filed by her employer.

Wondering would there be any problems for our pending AoS, as BCIS considers filing for CP is abandoing of pending AoS, I think?

Also would there be any problems during our CP interview due to pending AoS ?

Any inputs are highly appreciated.

Thanks in advance,
MBM
 
Since the two applications are separate your doing CP through your wife's application shouldn't affect your pending 485 app. You might want to confirm the latest from a competent lawyer. You might want to carry a valid H-1 (multiple-entry, stamped in your passport) or an AP document while going for the CP interview just in case.
 
Last edited by a moderator:
Originally posted by mavishka
Since the two applications are separate your doing CP through your wife's application shouldn't affect your pending 485 app. You might want to confirm the latest from a competent lawyer. You might want to carry a valid H-1 (multiple-entry, stamped in your passport) or an AP document while going for the CP interview just in case.
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Mavishka, I think you are wrong.

Check this note from Rajiv Khanna at http://boards.immigration.com/forumdisplay.php?s=&forumid=116
INS has indicated that it will consider an I-485 to have been abandoned if an I-824 requesting Consular Processing is received by them. This is bad news. So far we have been processing consular processing cases hoping that I-


Unfortunately full note could not be seen. From this it appears as if filing CP while AOS is pending leads to abandonment of AOS.
 
GCSeekerInd:

I appreciate your response, but please verify the facts before posting. We're talking about 2 separate applications here, not the same one. If you had filed your 485 and then opted to do CP through the same app, your 485 would be considered abandoned. Hope that makes sense.
 
Mavishka and GCSeekerInd

thanks for your responses, I really appreciate it.

Mavishka: would it be a problem during CP interview, if I (primary on I-485 application) use EAD received based on my pending I-485.

Thanks in advance,
MBM
 
Mavishka, ...

currently we have EAD and APs based on our pending I-485's BUT we haven't used either EAD or AP, as we still maintain H1 status for both of us.

After sending in PKt-3, if for some reason I (primary applicant of I-485) had to use EAD (say if I lost my job and had to work on EAD), would that be a problem during the CP interview?

Thanks,
MBM
 
I don't think that should be a problem since for the CP you'd be a derivative applicant and your working on an H-1 or EAD wouldn't matter to the Consular Officer, as long as your spouse still works for the sponsoring employer through whom you're going for the CP interview.
 
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