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.
 
I would stick to CP. In another 3-5 months you will have your GC. Changing to AOS may take you two years to get GC. I do not belive you need to do finger print twice. The only time you need to do finger print by the CP route is at port of entry when you come back to US with your IV. CP is handled by DOS not by INS. Ask him where to find the new INS guidelines regarding the twice finger print requirement for CPers. On the other hand, your employer's points 1 and 3 are correct as far as I know.
 
Though LC and I-140 is employer's petition, but CP or I-485 is your petition (not employers). I don't know why he is so bossy and dictative. Normally employer leaves these options to attorney and employee.
Anyway, I don't know about going out of country twice - for FP and interview. Some of friends had to go only once (but that was two years back). But other reasons are true. CP is "unsafe" (not risky) in some way. But it was unsafe then and it's unsafe now. So I don't understand why he chose CP that time.

You can apply for AOS now, but you have to remember:
1. You cannot change employer within 180 days after I-485 application (AC21).
2. Though there are pilot projects (applicable for only concurrents) and good effort to reduce backlogs, but still you need to wait for awhile to get GC thru AOS.
 
But I can change my employer AFTER 180 days, right?

How long is it generally taking these days for 1-485 processing. I was in a perfect mindset for CP so havent done any reading on I-485 and have no clue about the timelines on that.
 
Seems like your employer wants to delay you getting your GC as much as s/he can, so that you won't quit and continue working for lower wages (if that is the case) S/he knows that once you get your GC you can quit or ask for a raise, and so now S/he has you on the hook and is trying to delay your case as much as possible.

Anyways, I am sorry to assume and prejudge.

Right now NSC is processing most of the cases around Aug-Nov 2002. (CSC is the fastest) However, all service centers seem to be working fast and maybe in the next 6 months they will start doing late 2003 cases and by this time next year they will be processing cases filed in early to mid 2004. Then again this is all wishful thinking.
 
still_waiting said:
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.
------ yes, file I-485,EAD ,AP
2. You WILL get your EAD after 6 months and your wife after 3 months
----- you both may get EAD in 3 months after you both file I-485
3. There is NO RISK involved in transferring CP to 485 and no additional time required.
----- it is not a problem as others have pointed out your employer is trying to delay the GC for you, nothing wrong you can change employer after 180 days of pending I-485
4. INS has issued new guidelines where you have to go to India TWICE. Once for finger printing and once for interview.
------I have not heared such guidelines, your employer is not correct
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.
----only once for interview
I never heard of anyone going for finger printing to India.
---you are correct
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.
----- if possible stick to CP but remember if before you go to CP interview you will need employer recent letter, if you feel that he will not give you recent letter then file I-485.
Looking forward to your suggestions.

- Still_waiting.
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