Help regarding I-140, CP, I-485

M

mansu

Registered Users (C)
Hi all,
I found this foruim through the web search and it seems like a perfect place to find great information about GC issues. Currently my I-140 is pedning approval. RD is 05/14/2003. Any idea when I could expect a reply? Also I am torn between CP or AOS. My company is not in a very stable state, but the situation might be better than I suspect. Do we know how long it is taking to get an interview date after 140 is approved? Are there any hidden issues with AOS like losing the job while on EAD. How long can you be without a job on EAD. Also does your I-140 have to be approved before they start the clock for 180 days (for AOS portability)? I know that is a lot of questions but I will really appreciate any information. Thanks for your time.
 
some answers

the JIT is a good indicator (though not entirely accurate) of which cases INS is working on.

I140 processing times seem to be reducing as INS seems to be cut down the time significantly. Right now, if you in EB3 it should come within 6months at the most (i am still waiting 5 months and counting)

the major backlog is at the 485 level. I decided to go down the 485 route, because there was some flexibility with
1. getting EAD for spouse - so she can work (and not eat my head)
2. right to appeal
3. can switch between employers as long as title/salary comparable

with CP if they reject you, and i have read lots of literature which suggests that there are risks you are over and out. My lawyer convinced me to go thru 485 and not risk CP.

if you dont think like you're going to hold your job and/or get a similar job and can take risk - go with CP.

am not a lawyer so - ignore me if you want :)
 
Originally posted by mansu
Hi all,
I found this foruim through the web search and it seems like a perfect place to find great information about GC issues. Currently my I-140 is pedning approval. RD is 05/14/2003. Any idea when I could expect a reply? Also I am torn between CP or AOS. My company is not in a very stable state, but the situation might be better than I suspect. Do we know how long it is taking to get an interview date after 140 is approved? Are there any hidden issues with AOS like losing the job while on EAD. How long can you be without a job on EAD. Also does your I-140 have to be approved before they start the clock for 180 days (for AOS portability)? I know that is a lot of questions but I will really appreciate any information. Thanks for your time.
Click to expand...

Once you get an EAD, you can be jobless if you want, but when INS sends and RFE (request for evidence), you will need to respond back with a job letter - so the problem doesn't arise unless INS requests for more evidence (which it is doing often)

Lets say you got your EAD and lost your job the next day. 18 months later you still have no job and INS approves you 485. You are home free. You are in trouble only if INS asks for evidence.

The clock starting:- People say the clock starts from the time 140 gets approved. But again, the crux of the issue is that you might have changed jobs the very next day. As long as INS does not contact you within 180 days of I140 approval you are fine. You should read up on this - the forum is filled with questions & answers for questions like this :)
 
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