Employer suggesting transfer from CP to I-485

S

still_waiting

New Member
All,
I guess I am really unlucky. When we filed for my I-140 last year, I wanted to do concurrent I-485 processing. My employer refused to do so and said it was advisable to go for CP.

It took a year for my I-140 to come through and now I even have a case created at the NVC. However, my employer has now refused to proceed with CP and says that they will file for 485 only and will file for a transfer of case.

He says:
1. There is no form to be filled for transferring a CP to 485 unlike if you do the opposite. It is pretty straight forward.
2. You WILL get your EAD after 6 months and your wife after 3 months
3. There is NO RISK involved in transferring CP to 485 and no additional time required.
4. INS has issued new guidelines where you have to go to India TWICE. Once for finger printing and once for interview.

I DOUBT ALL OF HIS 4 criterias. Gurus, please help me. And let me know if IT IS REALLY SAFE to do a transfer from CP to 485, now that even the case is created. Do I really need to go twice to India. I never heard of anyone going for finger printing to India.

If needed, I will try and fight it, but if you think that it is ok to go ahead with 485, then I will not make a big issue out of it, since it is I who needs them right now and not vice versa.

Looking forward to your suggestions.

- Still_waiting.
 
Unless things have changed in last week, I don't belive that you need to go to India twice !!! duh!
 
I don't think the things have changed but I didn't understand why after the Case is created at NVC his employer want's to backout ?

I-485 itself will take another 2 to 3 years as the new law which was introduced in the last april was only for concurrent process, o I think it is better to fight/convince the employer to go through the CP as it is just few more months left to be a GC holder.
 
still_waiting,
Let me ask you this, who is your employer ? I think that now he would have came to know that ur GC process will be over and if you leave him he is going to loose a lot of money. why he want you to go back and again redo the I485, doesn't make any sense. Tell him now you don't want to move back because there are lot of chances that ur case might get screwed up with INS, and your file might be misplaced or god know only where it will go. And also you'll get stuck for atleast 2-3 years with him.

BEST LUCK , STAY FIRM, TELL THEM YOU DONT WANT TO GO BACK & contine with you cp PROCES.
 
I surely would not tell the last part.

It would help is saying that because of prevelant economy you would like some security and hence would like to get the process done faster.
 
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