i485, i765 applied 2 months over

S

sunsurvive

Registered Users (C)
Hi ,

I have applied for adjustment of status(I485), ead(I765), and temproary travel permit. My company is reorganizing into three divisions. I continue to do the same job, and position. What are the steps i should take to steer clear. Is consular processing still an option for me. I am with chennai consulate. Any suggestions or help is welcome.

what are my options.

Thanks in advance
 
Consular process sure is an option for you but here is the hurdle:
IF you want to change from AOS to CP you will need to file I-824 for such change to go into effect. Currently depending on your service center (VSC/ NSC/ TSC/ CSC) I-824 approval is taking about 9-15 months! And unfortunately Chennai is the only indian consulate which does not accept AC I-140 with I-824 receipt. Chennai requires I-824 approval. Mumbai and New DElhi are the 2 indian consualtes that accept AC I-140 (faster CP) based on I-824 receipt.

So in other words, if you were to change to CP it would take about 9-15 months to get 824 approval and then another 6-8 months to get the CP interivew @ Chennai! So you are looking at a timeframe of 15-23 months so think about it!

Let us know what service center your case is with?
 
Hello,

I am with nebraska service center. What is the timeframe i should be in I485 to be in a safe zone.

Thanks
 
NSC is currently processing mid February 2002 as far I-824 is concerned so it will take another 16-18 months to get the approval and then another 6-8 months for cp interview. So you are looking at 2 years if you change route to CP.

If you continue with 485 then it will take 2 years from the time you filed 485. But with 485 one case use AC21 rule which is if one wants to leave voluntarily or is laid off after 180 days or more then ones GC does not get affected as long as one gets a job in similar profession with similar duties.
 
I am not that familiar with the details around the 485 process. But from what i understand at a high level one should be able to use EAD (get off H-1B visa status) and work for any other employer after 180 days from the date BCIS has acknowledged receipt of your 485 papers~!

You may also want to post this question in the 485 forum if you have not done yet!
 
Kdivekar - plz answer this!

Will application of I824 cancel the AOS application or only after the I824 is approved it will be void?

As with any application at a SC can we not cancel the I824 before it is approved and continue with AOS if one needs AC21/EAD for whatever reason.

My general question is how long can we enjoy the benefits of AOS along with a pending I824? I didn't find a clear answer to these questions in the forum, you are a senior member - plz try to clarify them!

I think NSC is processing Feb'03 not Feb'02, so it about 7-8 months + 4-6 months at chennai which is a total of 12-15 months. NSC is taking close to 2Yrs for AOS so this is not a bad option!
 
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