Help needed.

[Jharkhandi]

Hi,

I have come to know that a person can apply 485 and CP on two different approved LCs.

Here is the scene:

XYZ gets two LCs cleared - one from Boston, MA and other from Chicago, IL. Both LCs were filed by same company for two different locations.

Now XYZ applies for 140/485 on the LC from Boston, MA and 140/CP using the LC of Chicago, IL.

The questions are:

1. Will it affect adversely on GC process?
2. If one of the process runs into trouble, will it affect other one?
3. If XYZ uses EAD of concurrent filing, will it cause problem in CP of the other one?
4. How to defend if asked in consulate about intent of joining company? Should one say - intent of joining Chicago office in CP? Then how to answer "why" on concurrent filing for MA?
5. How long does it takes to get 140 done in case of CP? Is the time different for 140 alone when you file concurrent?
6. Suggest a list of items to be carried for CP (or better still some web-site location.), along with dos and don'ts.
7. if one gets GC using CP path first - will he have to withdraw 485? If yes, how and when?
9. If there is trouble with CP, can one still use EAD(of 140/485 concurrent) and come to USA? (Considering person visits home country on AP). Also would you suggest maintaining H1B till then? (Has ample time left on H1B). However spouse intends to use EAD.

Has anyone been thru such a situation?

Thanks.

 

[Rajeev Kumar]

While one can theoretically do this...

INS may terminate one or both petitions citing duplicate filing. One can't physically work two full time jobs in 2 different locations and hence the questions at AOS or CP may be hard to answer. Choose the job you like and proceed with the route most likely to be successful. If you still intend to go with both routes, consult an attorney.

 

[Raju595]

I am not addressing the points specifically, but sharing some
of my thoughts on this.

* It is only for so long, you can travel with two feet in two
boats.

* At a certain point you will have to give up one of the petitions.
Obviously this would be the AOS, because the CP one should
move faster.

* It is wrong to assume that if you were denied the stamping
on one application, you can continue on the other one.

* If there is a reason in your case which results in denial in one
route, it is going to surface in the other too!

* Particularly, if you have attended the Consulate for the CP,
got denied, then you cannot come back to reclaim the AOS!

Raju

 

[Jharkhandi]

Raju and Rajeev,

Thanks a lot for your inputs.