Hi folks,
Please read the following. I read from www.immigration-law.com
click on Breaking New then search for: I-824: it looks I-824 is helpful after I-140 get cleared.
____________________________________________________
02/14/2004: I-140 Processing Delays and Risk of IV Consular Processing
Because of the I-485 processing delays, people have been considering the IV consular processing upon approval of I-140 petition. There are two groups of people who apply for the consular processing. The first group may be defined a "brave" person who refuses to file the concurrent I-140/I-485 proceedings and just file I-140 petition alone. The second group may be defined a "cautious" person who files the concurrent I-140/I-485 proceedings and when I-140 is approved, files I-824 and with the I-824 Receipt Notice, immediately commence the consular processing. The first group has produced a substantial number of victims for the two reasons: One is the unexpected delay of I-140 processing taking a year or longer in most cases. Second is the poor economy and high unemployment rate. While waiting for the I-140 approval, a number of people have lost the job. Since they did not file I-485, they could not save the green card proceeding even if they found a new employer. AC-21 180-day rule was not available to these people. Since the I-140 processing times are anticipated to be reduced very soon, this risk may also be reduced, but there are always such risk when one takes this approach.
The second group takes a safer route. The 180-day clock will start ticking from the moment when I-140/I-485 concurrent filing is submitted. Additionally, he/she will get the EAD and Advance Parole. This gives a sort of safety valve against the loss of employment. These people usually file I-824 immediately upon receiving approval of I-140 petition. Are they required to notify the agency the reasons why they were requesting to issue dulicate to the consulate? Nope. Along the way, the agency may or may not find out that he/she is going through the consular processing. If it happens, they will first serve a notice of intent to deny rather than denying I-485 application outright. People know how long it takes for the agency to process I-824! While they go through the consular processing, they enjoy all the benefits of the I-140/I-485 concurrent filers.
This option also has another safety valve. If they receive the notice of intent to deny, they can reassess their consular processing options and quickly withdraw I-824 application along with the response to such notice. Additionally, assuming that I-485 is denied, it does not shut out him/her from filing another I-485 application. Even if I-485 is denied, the underlying I-140 and labor certification remain valid. It is a matter of inconvenience and additional expense one has to spend to refile the I-485 application. This option works only if he/she maintained a valid nonimmigrant status at the time of I-485 denial. For these people, it is extremely important that they extend their H or L visa status all the way, including 7th year or 8th year extension under the DOJ Appropriation Authorization Act. There are however a number of people who refuse to opt this approach because of the cost for filing of I-140/I-485 application. Well, it is a matter of personal choice and decision, wouldn't you say?
Please read the following. I read from www.immigration-law.com
click on Breaking New then search for: I-824: it looks I-824 is helpful after I-140 get cleared.
____________________________________________________
02/14/2004: I-140 Processing Delays and Risk of IV Consular Processing
Because of the I-485 processing delays, people have been considering the IV consular processing upon approval of I-140 petition. There are two groups of people who apply for the consular processing. The first group may be defined a "brave" person who refuses to file the concurrent I-140/I-485 proceedings and just file I-140 petition alone. The second group may be defined a "cautious" person who files the concurrent I-140/I-485 proceedings and when I-140 is approved, files I-824 and with the I-824 Receipt Notice, immediately commence the consular processing. The first group has produced a substantial number of victims for the two reasons: One is the unexpected delay of I-140 processing taking a year or longer in most cases. Second is the poor economy and high unemployment rate. While waiting for the I-140 approval, a number of people have lost the job. Since they did not file I-485, they could not save the green card proceeding even if they found a new employer. AC-21 180-day rule was not available to these people. Since the I-140 processing times are anticipated to be reduced very soon, this risk may also be reduced, but there are always such risk when one takes this approach.
The second group takes a safer route. The 180-day clock will start ticking from the moment when I-140/I-485 concurrent filing is submitted. Additionally, he/she will get the EAD and Advance Parole. This gives a sort of safety valve against the loss of employment. These people usually file I-824 immediately upon receiving approval of I-140 petition. Are they required to notify the agency the reasons why they were requesting to issue dulicate to the consulate? Nope. Along the way, the agency may or may not find out that he/she is going through the consular processing. If it happens, they will first serve a notice of intent to deny rather than denying I-485 application outright. People know how long it takes for the agency to process I-824! While they go through the consular processing, they enjoy all the benefits of the I-140/I-485 concurrent filers.
This option also has another safety valve. If they receive the notice of intent to deny, they can reassess their consular processing options and quickly withdraw I-824 application along with the response to such notice. Additionally, assuming that I-485 is denied, it does not shut out him/her from filing another I-485 application. Even if I-485 is denied, the underlying I-140 and labor certification remain valid. It is a matter of inconvenience and additional expense one has to spend to refile the I-485 application. This option works only if he/she maintained a valid nonimmigrant status at the time of I-485 denial. For these people, it is extremely important that they extend their H or L visa status all the way, including 7th year or 8th year extension under the DOJ Appropriation Authorization Act. There are however a number of people who refuse to opt this approach because of the cost for filing of I-140/I-485 application. Well, it is a matter of personal choice and decision, wouldn't you say?
