I-485 + Consular Processing simultaneously

V

vpampatt

Registered Users (C)
Hello Gurus,

My 2 questions are:

1) Can we file both Consular Processing and I-485 at the same time?

If NOT, how about filing first I-485 and after 182 days file for Consular Processing. Are there any problems with that?

Also, If I leave employer after 182 days of filing for I-485 then do I have to work after 182 days. If I have to work- then other than
getting into a job with similar job description, do I have to make same salary as mentioned on Labour Certificate of Green Card.



2) Also, I am planning to use Approved Labour Certificate for Green Card I-140 stage.

Approved Labour Certificate is in EB3 category. But I have 7 1/2 years of experience. So, when I substitute that LC for filing my I-140, can I change from EB3 category to EB2 category.?

Your detailed reply will be highly appreciated

Neelakshi.
 
Neelakshi,

You cannot do Consular Processing and I-485 at the same time. Filing first for I-485 and after 182 days file for Consular Processing is also not an option.

However, I don't know why you would want to do this since after 182 days you're free to switch jobs and so forth with the portability rule.

I also recently decided against CP and filed for I-485 mainly because of the 180 day rule.

I don't believe changing from EB3 category to EB2 category is not going to change processing times significantly or at all.

Regards -Nipster
 
GKing

I fail to see the advantage of filing for 485 when you can utilize AC140 by merely filing I824.
So when NVC receives the I824, it will automatically send a request to the relevant center to return the applicant's file. And any EAD /AP benefits are lost then.

Also Remember you need the I140 original to apply for 485 or 824

Or was that a theoritical answer?
 
No

I824 (for GC) is sent to NVC. Even if you file it with TSC, it will be sent to NVC (or knowing TSC will be lost in its death pit).

I dont think I would want to risk an out of status (if you or your dependents are using EAD/AP) period by waiting for TSC to process I824.

In short there are no shortcuts...
 
EAD and I-485

Do I need to have the EAD renewed if I am going to use the portability rule? Or just get an employement letter from the new employer while waiting for the I-485 approval? Does h1 visa really need to be done with the new employer?
 
EAD or h1 needed

U need either EAD (which can be used with any employer) or h1 with new employer in order to claim 485 portability under AC21.
 
Dear Jaxen,
If I choose to renew the EAD and not the H1, what are my option if my I-485 gets denied? Am I not allowed to continue working with the new employer while my appeal for I-485 is going on? I got the I-485 thru LC. What are reasons for the denial of I-485?
Thanks.
 
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