I-824 clarification

T

titu

Registered Users (C)
I'm asking the below question based on hypothetical dates because I wanted to understand the implications of filing I-824 on AOS before I decide to go one way or the other.

Say I140 & I485 filed concurrently on Mar 01'03, I140 approved on June 30'03, I485 pending for 145 days as on July 25, 2003. If I file for I-824 today & apply for AC-140 based on the receipt & if for some reasons the consulate rejects the case say on Oct 01'03, then my questions are:

1) Does filing I-824 mean abondoning AOS? I have read several posts where guys said that, no - at the time of adjudication of I824, BCIS would send a letter to me asking my preference to continue with I824 or I485 & I can exercise my option that time. However I've also read some posts where the guy mentioned Rajiv Sir's name & said that as soon as I824 is filed, BCIS considers that as abandonment of I485. Which one is correct?

2) Assuming AOS is considered not abandoned by virtue of filing I824, then can I use AC21 portability on Oct 01'03 itself, since I filed for My I485 on Mar 01 & the application is pending for 210 days?

3) Or do I've to wait for BCIS letter on my I-824 application to set the record straight/proper with them once again that I want to continue with AOS & not CP and only after BCIS knows/acknowledges that I'm back on AOS status can I use AC21 benefits?

Would really like to know answers from somebody experienced out there before I decide on CP or AOS option in my I140 application.

thanks / titu
 
If you run a search by 'I-824' you will find a lot of the information you are looking for!
 
Originally posted by kd1403
If you run a search by 'I-824' you will find a lot of the information you are looking for!
Click to expand...

Hello Gurus,

Actually, I am got stuck with same questions. So, I read and studied portal and immigration sites. Unfortunatley I couldn't find any proper answers for the above clarification and questions.

Really appreciated, Some ONE got to help me???????


Dost.
 
desidost:

AOS is considered abandoned only when USCIS sends the letter to the attorney/ candidate to confirm the filing of I-824 to move case to a consulate. AOS is not abandoned on fliing of I-824.

But do confirm this with a couple of attorneys!
 
Who signs 824 ? Employer ?

Please clarify this: does my employer need to sign 824 (I-140 petition is EB employer sponsored).

Can I or the lawyer just sign 824 without having the employer to sign ?

Thank you.
 
My understanding...

...is that the employer & not the employee, who is the petitioner of an EB based I140 has to sign I824 for any action to be taken on the approved I140.

titu
 
Last edited by a moderator:
titu,

I am in the same boat as you are. My I-140 is approved and I had filed 485. But I am thinking of 824 and AC140. Can I file 824 and AC140 on my own with out attorny. My Attorny will be charging my $1500 for these two.

What is needed to file 824
 
gc121802:

Can I file 824 and AC140 on my own with out attorny. My Attorny will be charging my $1500 for these two.
Answer: No you cannot file ac i-140. An attorney is a MUST for AC I-140. Hence the name attorney certified i-140.

What is needed to file 824?
Answer: Completed i-824 form, signed by employer and attorney (if assisting in filing 824) plus copy of i-140 approval.
 
Whats the time frame from AC140 filing to interview date
Answer: About 3 weeks to get I-824 receipt. About 3.5-4 months to get the interview from the point AC I-140 is mailed to the consulate assuming the packet mailed is full and complete.
 
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