I-824 & 485 status

A

ash1234

Registered Users (C)
Hi guys,

I am a derivative in CP-AC140 process. I wanted to find out if I can be on AOS pending status when we appear for the CP interview in May or do I have to be on H-1 or H-4 status.
Will there be a problem or any red flags if I am on AOS pending status.
I have a H-1B but I am not working anymore.
Our 485's are not withdrawn yet and they should still be pending when we appear for the interview.

Please help.
 
kd1403,

Do you know anyone who has gone for the cp interview on AOS pending status. I am really nervous.
Also, I was wondering if you can be on extended leave on H-1B. My company has not cancelled my H-1B and I am on FMLA leave till 1st week of April. Now my interview won't be in April so don't know if I should ask my company to put me on extended leave after April and just give me a letter stating that.

thanks for your help.
 
ash1234:

Do you know anyone who has gone for the cp interview on AOS pending status. I am really nervous.

Answer: I know people who have done it but like for them to be forthcoming with this rather than me taking names and pointing you to them. Best thing to do is identify people who have done AC I-140 and send them PM's.

==============================================
Also, I was wondering if you can be on extended leave on H-1B. My company has not cancelled my H-1B and I am on FMLA leave till 1st week of April. Now my interview won't be in April so don't know if I should ask my company to put me on extended leave after April and just give me a letter stating that.

Answer: Needless to say long vacation/ leave of absence is defintely a flag (not necessary red flag) but be prepared to give a letter from employer and family physician explaining reason for FMLA and also be ready to explain in person if and when the consular officer asks you at the interview.
 
A little bit different

Hi!
I know it's been posted here before but I couldn't find the threads.
I'm on AOS, I have EAD. Worked on EAD.
If it wasn't for working, my H4 status is still valid. BUT, I didn't stamp my passport and now it's over a year, which means if I need to get the visa I wil have to go in my home country.
Suppose I switch to CP (consular processing). What would be my status during the months I'm waiting to go for the interview?!?
How do I get out of U.S. (I know, by plane :-) )
What shall I do?

Thx.
Bic

P.S. If we go for CP we'll do AC 140.
 
Last edited by a moderator:
bic:

If I am understanding this correctly you are a derivative candidate who worked on EAD and is currently on H-4 approval where the H-4 visa is not stamped in the passport. AM I right?

If yes then lets proceed. You are in status since you have h-4 approval assuming your spouses h-1b is still valid. If not then all bets are off!!!!

Now assuming you have a valid H-4 then your husband can file I-824 to change to CP. First and formost find out if your consulate accepts AC I-140 process? If it does GREAT else you have something to think about this weekend! REad on AC I-140 process on http://www.immihelp.com/gc/consular/

With H-4 approval you should not have problems leaving usa. The issue is to re-enter usa you will either need h-4 stamped in the passport if you plan to re-enter before your CP interview or your IMMIGRANT VISA APPROVAL documents.

I like your humor about how do you leave usa - by plane!!
 
Originally posted by kd1403
bic:

If I am understanding this correctly you are a derivative candidate who worked on EAD and is currently on H-4 approval where the H-4 visa is not stamped in the passport. AM I right?
----- Yes, you're right, hubby still on H1. I have H4 status, but no stamp. The problem is that I have already used my EAD, so legally I'm an AOS pending now, and not a H4 anymore. That's why I was asking what would me my legal status, once I receive I-824 receipt until the interview.

If yes then lets proceed. You are in status since you have h-4 approval assuming your spouses h-1b is still valid. If not then all bets are off!!!!

Now assuming you have a valid H-4 then your husband can file I-824 to change to CP. First and formost find out if your consulate accepts AC I-140 process?
-----It seems that I can do AC140, which is great.
Thanks for help.
Bic
Click to expand...
 
bic:

YEs you can proceed with AC I-140. I am sure you are in status due to your h-4 approval.

But still check with an attorney to find out if you need to do anything since you have a valid H-4 approval (no stamp) and a expired EAD which you used.
 
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