I-485 pending .....can I also do AC-I140 ?

N

neha72

Registered Users (C)
Hi,

My I-485 is pending from June '03 at VSC with my husband as derivative. In Nov'03 my husband also filed I-485 at VSC showing me as derivative.
Now, I have changed my employer and my new employer might send a letter after 180 days informing BCIS for AC-21. I am currently on H1 visa(though recd EAD cards)

In the meantime,my new employer has also filed LC (to be on safe side) and it will get approved by Dec end. So in Jan, I would be filing I-140 .

Questions -
1) When do I have to notify that I would be using
Attorney Certified 140 (AC140) option ? Is it after I-140 is approved or along with it ?

2) Is it okay to have two applications pending ?

3) Can I have one I-485 application pending and other AC-140 also ? Or does at some stage, I have to choose one ?

4) I am in the US from past 4 yrs doing consulting .
I don't have few paystubs in between when finding a project .
Can it cause any problems for CP ? Will it be risky then?

I shall appreciate if anybody can reply.Pls advise.

Thanks !!!!
 
Originally posted by neha72
Hi,

My I-485 is pending from June '03 at VSC with my husband as derivative. In Nov'03 my husband also filed I-485 at VSC showing me as derivative.

{In both these cases, you have not indicated whether your
I-140 has been approved. I am assuming that it is not!.
Both look to me as concurrent filings to me, which is fine!}

Now, I have changed my employer and my new employer might send a letter after 180 days informing BCIS for AC-21. I am currently on H1 visa(though recd EAD cards)

{Again I am assuming that you have stayed with your
original sponsor for 180 days after filing of the I-140 + 485.
If there are any RFEs on the I-140 you would still need
the co-operation of your original sponsor }

In the meantime,my new employer has also filed LC (to be on safe side) and it will get approved by Dec end. So in Jan, I would be filing I-140 .

{This would be the 3rd I-140 for you}

Questions -
1) When do I have to notify that I would be using
Attorney Certified 140 (AC140) option ? Is it after I-140 is approved or along with it ?

{AC 140 can be initiated only after one of your I-140s comes
through approved}

2) Is it okay to have two applications pending ?

{Yes}

3) Can I have one I-485 application pending and other AC-140 also ? Or does at some stage, I have to choose one ?

{Yes. You need to be aware whether the consualte you
intend to approach does infact accept the AC 140. Some
consulates accept cases merely on the basis of filing of
I-824 and others will expect you to wait till the I-824
is approved, which can take upto 1 year now.

I am not sure but I think you would get an intimation
asking you to confirm whether you want to abandon the
AOS sometime during the process. Others may clarify this
issue. }



4) I am in the US from past 4 yrs doing consulting .
I don't have few paystubs in between when finding a project .
Can it cause any problems for CP ? Will it be risky then?

{If it is just one or two months sometime during these 4 years
then it should not pose any problem. It is difficult to draw
a line, but if the bench periods (without pay) are 6 months
out of the year then this can raise some red flags..}

I shall appreciate if anybody can reply.Pls advise.

Thanks !!!!
Click to expand...

{my responses}

Raju
 
Raju595

Hi,


-- In both the cases, I-140's are approved. They were non-concurrent filings.

{This would be the 3rd I-140 for you}

-- Yes.

Can I have one I-485 application pending and other AC-140 also ? Or does at some stage, I have to choose one ?

{Yes. You need to be aware whether the consualte you
intend to approach does infact accept the AC 140. Some
consulates accept cases merely on the basis of filing of
I-824 and others will expect you to wait till the I-824
is approved, which can take upto 1 year now.

I am not sure but I think you would get an intimation
asking you to confirm whether you want to abandon the
AOS sometime during the process. Others may clarify this
issue. }

-- I will fall under New Delhi consulate.

{If it is just one or two months sometime during these 4 years
then it should not pose any problem. It is difficult to draw
a line, but if the bench periods (without pay) are 6 months
out of the year then this can raise some red flags..}

-- Are the paystubs or W2's asked during CP process?

Thanks !!!!
 
Re: Raju595

Originally posted by neha72
Hi,




-- Are the paystubs or W2's asked during CP process?

{You are required to carry the last 3 years W-2s, or the
actual number of years if it is less than 3 years.

Apart from the W-2s you need to carry 3 or 4 latest
pay stubs as at the time of the interview.

They will expect you to put copies of W-2s in the documents.

Coming to the paystubs they may or may not actually ask
for them. But you need to carry }

Thanks !!!!
Click to expand...

Raju
 
Thanks Raju for the valuable information you have been providing.
Please clarify few more things about my case:
I have applied for AOS last year after getting I-140 approval but looking at long long waiting for AOS approval, I wanted to go for CP in Delhi. I sent AC 140 papers along with I-824 receipt (which my attorney filed while applying for I-140 last year). US Consulate Delhi registered my case & issued case number recently.

My question is do I need to send letter to BCIS (NSC) for withdrawing currently pending AOS application?? OR Can I keep both processes simultaneously??

Please advice to avoid any complications later on.

Thanks for your help.
 
Originally posted by goyal
Thanks Raju for the valuable information you have been providing.
Please clarify few more things about my case:
I have applied for AOS last year after getting I-140 approval but looking at long long waiting for AOS approval, I wanted to go for CP in Delhi. I sent AC 140 papers along with I-824 receipt (which my attorney filed while applying for I-140 last year). US Consulate Delhi registered my case & issued case number recently.

My question is do I need to send letter to BCIS (NSC) for withdrawing currently pending AOS application?? OR Can I keep both processes simultaneously??

Please advice to avoid any complications later on.

Thanks for your help.
Click to expand...

Inform the BCIS only after you get your Visa through the CP
process.

Raju
 
Hi Raju
Merry Christmas & Happy New year to you!

Please throw some light on the role of salary & designation change (Promotion) during the process of Green card (all 3 stages).
Does that matter or affect anyways CP if there is a increase in salary & designation which will be definitely more than which is mentioned in Labour filing & I-140 filing??

Please advice,

Thanks.
 
hey goyal:

This question has been posted on multiple threads! Wud appreciate if this can be avoided in future!

Merry christmas and happy new year!
 
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