How risky is CP

L

LaborSubs

Registered Users (C)
Hi All,

My 140 was filed in Labor substitution category on 03/20/03. It was not a concurrent filing. 140 was approved on 03/29/04. While filing 140 I had chosen to file for 485 in USA. Now after waiting for 1 year for 140 and seeing that 485 takes 24 - 30 months, I am considering CP. Now my questios are:

1. Can I switch to CP at this stage.
2. If yes, how long the entire CP process will take (including form 824 that somebody mentioned to me)
3. I heard CP is non-appealable. What is the risk factor in going for CP.

Many thanks for your advise on this.

(Please don't be under the impression that I have saved time on labor processing and hence I should not mind spending time on 485 because I lost that much time struggling with the company to file my GC)
 
1. Can I switch to CP at this stage?
-YES
2. If yes, how long the entire CP process will take (including form 824 that somebody mentioned to me)
------ 6-10 months
3. I heard CP is non-appealable. What is the risk factor in going for CP.
-- with CP no appeal and no AC21
** better to file AOS
 
Can a dependent file CP for I485, When his primary applicant is on AOS status..??, Currenly I am on I485 with EAD/AP and a dependent and I would like to go india and wants to be there...if so Can I transfer my case to CP in India..If so will I get greencard faster than my spouse who is primary applicant and who has applied under AOS i-485(EAD/AP status)??
 
If so will I get green card faster than my spouse who is primary applicant
-----NO, your GC can only be approved if primary I-485 gets approved you are GC is derivative and based on primary
and who has applied under AOS i-485(EAD/AP status)??
 
If the I485 is not cancelled and since I don't have new AP which makes me not to allow to enter USA??, Can I be in INDIA and my spouse can transfer the case to India in the CP process from I485??
 
Thanks ginnu.

1. Though they say CP is risky because there is no appeal. But I also heard that if AOS is denied then making an appeal is simly a wastage of money as there are no chances of approval if once denied. So appeal with no hope is as good as no appeal in case of CP.

2. Secondly what is checked in CP, means what could be the possible reasons for deniel in case of CP. If your case is strong, should you consider CP.

3. I also heard that in case of CP, before deniel, an intent to deny is sent and you have the chance to present more documentation to support your case. Additionally, if CP is denied you can again file for AOS if you are maintaining your H1B and willing to pay for the filing charges for the second time.

Any inputs are highly appreciated.
 
If they want to deny the AOS they first send notice Intent to deny then lawyer can argue the case and can file motion to reopen or reconsider and if motion to reconsider is denied then one goes for appeal. In CP no intent to deny letter is sent of consulate denies than that denial is final. For more info discuss with your lawyer and do what is in your interest
 
Revoke485, your case is atypical one. You need to consult a good attorney for your case, as I suspect that your case might wind up in immigration court if you decided to pursue it.
 
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