How to work after confirmation to switch from AOS to CP?

D

dvdhe

Registered Users (C)
Dear all,

I have a confused question:
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I have used I-485 based EAD to work for a while and want to switch to CP. But now I found that if you signed a letter from INS after submitting I-824 (before it is approved), your I-485 AOS will be abondoned, thus, EAD will become invalid. Then how can I continue to work? Do I need to switch to H1-B before I begin such troblesome process?
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By the way, my I-485 was submitted on Oct 3, 02, but seems at least 2-3 years for me to go... :-(
 
dvdhe:

Yes 485 & EAD gets terminated once you have signed that INS letter and returned to them. BTW...normally it takes about 9-12 months for INS to send such a letter after I-824 is submitted. When did you apply for I-824 and when did you get the INS letter and when did you return it to INS?

After this is done, one needs to get on H-1B to work until CP interview date!
 
Thanks. Actually, I have not sent I-824 yet, but plan to do that. Meanwhile, for H1-B visa, whether I can work when it is in processing or I can only work after it is approved? Do I need to apply it out of US or I can apply H1-B inside US. Please note that I am already in AOS status when I returned US last time using AP... Your comments are welcomed, :-)
 
dvdhe:

Post this question for www.murthy chat too on monday nights @9pm!

From what i understand, it is taking about 9 months for BCIS to generate those letters and in the mean time candidates are getting their CP interview and use EAD until receiving BCIS letter....i think you can get away with this without having to file H-1B assuming you have EAD....

Strongly consult an attorney!
 
Dear Kd1403,

Thanks a lot for your fast reply!

Actually, I have consulted with my lawyer. She told me that I-485 can go with CP concurrenlty without any problem (then she said a lot on fee payment issue and asked me to decide right way). But from this site, Raja and all other people warned that I-485 will be abondoned after I-824 letter is signed and received in INS. Do not know whether the laywer is aware of this serious issue or not... :-( I do not want to be in a troublesome situation after paying lots of money...

Meanwhile, I am not sure whether the US consulate in my home country still accept AC I-140 with I-824 receipt to schedule interview or not? Here is what I got from the consulate in my homeland:
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http://www.usembassy-china.org.cn/guangzhou/iv/gz.html

The U.S. Consulate General in Guangzhou receives immigrant visa petitions only after required processing is completed at the National Visa Center. When the files are received, the Immigrant Visa Unit requests pre-interview clearances. The case is then scheduled for interview after visa numbers are obtained for preference categories.
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I cannot understand what it is really mean? If it required I-824 approval, then it is bad since it will take about 1 year to process in CSC. My I-485 has been in dead-stop in CSC for about 16 months.

By the way, is the strategy you mentioned is the AC I-140 way? I hope I can use it, but not sure whether I can. Please suggest, :-)

I will try to use murthy chat and hope to get more ideas...
Again, thank you very much for your kind help and suggestions!
 
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