Does filing I-824 invalidate your I-485???

[WaitinginQ]

If you read the following FAQ then you would say no but a note from R.S. Khanna suggets otherwise. http://imminfo.com/Knowledgebase/FAQs/ACI140.html

Please share any experience you have on this topic.

 

[pceefan]

Waiting Q: Very interesting and thought provoking..let's see what the forum members say...

My take

1. Yes u can apply for consular processing keepimg yr 485!
2. Apparently the issue whether you can apply or CP if you have used AC21 has not been addressed. This wd make or interesting discussions..

 

[nkm-oct23]

There was a BCIS memo that addressed this issue. It said that filing I-824 is considered as withdrawing I-485.

 

[curiousGeorge]

my lawyer told me that this would not only invalidate I-485, but also the EAD and AP and the EAD and AP for your spouse also.