I-824 Filling

B

blair231

Registered Users (C)
Hi,
As the priority date for EB3 India not moving forward, I'm thinking of leaving job and go back and file I-824. PD is March 2005 and I-140 approved. I-485 filled in 08/2007 for self only. My questions,
1. When I-824 can be filled. Can I file I-824 now or I have to wait till PD is current in order to file I-824.
2. After filling I-824 do I have to stay in USA till it is approved. Or I can file I-824 and leave USA.
3. Can I leave USA and file I-824 from outside, I mean if the PD won't move then I will file I-824.
4. I looked on USCIS web site and collected this data,

Total EB-3 Pending from 1997-03/2004 = 45587 applications
EB-3 pending from 1997 -03/2004
Country Pending Applications PD
India 25723 04/2001
China 2081 02/2002
Mexico 3555 05/2002
Phillipines 1582 06/2002
All Others 12646 01/2002

These countries have less pending applications than India which have 25723 and still PD is 2002. Looks like the PD for India is stuck.

Thanks.
 
You can file I-824 anytime after your I-140 is approved, whether you are inside or outside the US.

Submitting I-824 will prompt them to cancel your I-485 (there may be a time lag of weeks or months before they do that). If you don't leave by the time they cancel your I-485, you will start to accrue illegal presence unless you have another status like H1B or L1. You might not receive timely notification of the I-485 cancellation, so if you don't have another status like H1B or L1, you should be prepared to leave the US before or immediately after the I-824 filing.

Note that once you switch to consular processing, AC21 portability is no longer available. If your original employer revokes the I-140 after you have switched to CP, you green card is dead.
 
I 485 denied, need to file I 824

Hi all,

Great forum.

My mom's I 485 was denied, as she had to leave US to care for my ailing dad, who ultimately passed away when she was there. As we had applied for her GC under relative category (I-130), when she was visiting US, she had to overstay her stay (about 10 months, vs 6 months). She does have 10 yr multiple entry visa. I 130 is approved.

Right now, she is in India, as the I 130 is approved I want to give another try for her I 485, and am working on filling out I 824.

My questions are -
1... In general, if anyone has any such experience to share it would be great
2... Do I need to file I 601 - Application for Waiver of Grounds of Inadmissibility? I would like to avoid to file this, as I understand it takes a long time and is not an easy one to get approved as it is based on the hardship
3... On I 824, should I select option B, in part 2

Any help will be much much appreciated.

Regards,
Milind Parikh
 
My mom's I 485 was denied, as she had to leave US to care for my ailing dad, who ultimately passed away when she was there. As we had applied for her GC under relative category (I-130), when she was visiting US, she had to overstay her stay (about 10 months, vs 6 months).
Click to expand...

If she filed the I-485 before the end of her allotted 6 months, there was no overstay.

If she filed the I-485 4 months after the end of the allotted 6 months, that 4-month overstay is shorter than the 180-day limit that triggers the 3-year ban, so it won't stop her from getting a green card and she won't need a waiver.

She will not be able to reenter the US with the tourist visa due to her previous attempt to immigrate, so she will not file a new I-485 (the I-485 is for pursuing the green card process within the US). Instead of I-485, she will file DS-230 after the case has been transferred to the consulate.
 
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