Deciding about CP or not to CP

A

aurovil

Registered Users (C)
Hello,
I have been on H1 for 4 yrs. I still have another 2 yrs left.
My LC is cleared.
BCIS zone: Nebraska

I was employed till Nov 2001 and then got a new job in Feb2002. I got severance pay till Jan 2001.
My present job might mostly last till March / May 2004. After that not sure. I am hopeful of going through I140 while I am employed.

Qs: So will my gap between Nov 2001 to Feb 2002 be considered as out of statusif I go for CP or 485?

Qs. If I go for CP how long will it take for me to get an appointment in Chennai or Mumbai for CP interview?
Qs. If I go for 485 with concurrent processing and then decide to switch to CP, what are the exact steps ? I have some brief idea about the steps.
Qs. If I switch to CP later, can I apply for interview right after I get i824 receipt?
Qs. How much time does it take to get the receipt?
Qs. How much time does it take to get the appointment with the I824 receipt?
Qs. On BCIS Nebraska web site, I saw the I824 approval takes 8 months. So if I can get an appointment right with just the receipt number and if I go for the interview with the I824 still being processed, whats happening with the I824?

Am still very confused about the switching process and time taken to switch.

Thanks
 
Qs: So will my gap between Nov 2001 to Feb 2002 be considered as out of statusif I go for CP or 485?
Answer: Normally more than 180 days or more is a red flag. If after layoff, you had immediately applied for visa on the new job then you should be 100% fine.

Qs. If I go for CP how long will it take for me to get an appointment in Chennai or Mumbai for CP interview?
Answer: Time to clear I-140 (6-7 months) + Time to get CP approval (6-8 months) = 12-15 months in total assuming no RFE at I-140 stage

Qs. If I go for 485 with concurrent processing and then decide to switch to CP, what are the exact steps ? I have some brief idea about the steps.
Answer: You will have to then follow AC I-140 process. Chennai does not accept I-824 receipt. So if Chennai is your consulate then rethink filing 824 since approval is taking about 10-12 months.
To understand AC I-140 process check this site:
http://imminfo.com/Knowledgebase/FAQs/ACI140.html
http://www.immihelp.com/gc/consular/

Qs. If I switch to CP later, can I apply for interview right after I get i824 receipt?
Asnwer: Only if your consulate is bombay/ new delhi. Chennai does not accept AC I-140 based on I-824 receipt. Chennai requires I-824 approval.

Qs. How much time does it take to get the receipt?
Answer: About 4 weeks..upto 6 weeks!

Qs. How much time does it take to get the appointment with the I824 receipt?
Answer: About 3.5-4.5 months after submitting AC I-140 packet to Bombay/ Delhi consulates

Qs. On BCIS Nebraska web site, I saw the I824 approval takes 8 months. So if I can get an appointment right with just the receipt number and if I go for the interview with the I824 still being processed, whats happening with the I824?
Answer: ASsuming you go to bbay/ delhi and you get you GC thru AC I-140 and your I-824 is pending then you can call BCIS and cancel the 824 process or forget about it. Obviously if it is chennai you will eb able to apply for CP only after 824 approval.
 
Also forgot to mention sicne your project is ending May 2004 and if you think thereafter your job may not be secured or depends on next project then you may be better off filing 485 and completing 180+ days thus being in a position to avail of AC21 rules.
 
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