desidost333
Registered Users (C)
I-824 clarification
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.
dost
< someone requested the same and I am also in same ....)
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.
dost
< someone requested the same and I am also in same ....)