Need advise...I-485+CP....

N

neha72

Registered Users (C)
Hi,

My I-485 is pending from June '03 at VSC with my husband as derivative. In Nov'03 my husband also filed I-485 at VSC showing me as derivative.
Now, I have changed my employer and after 180 days I plan to use AC-21. My new employer might send a letter after 180 days informing BCIS for AC-21.
In the meantime,my new employer has also filed LC (to be on safe side) and it will get approved by Dec end. So in Jan, I would like to file I-140 and go CP way .
Questions -
1) Can my employer file I-140 and CP concurrently ?
2) Is it okay to have two applications pending ?
Can I have I-485 pending and do CP too ?

I am not using EAD. I am currently on H1 visa.

Pls advise.
 
Originally posted by neha72
Hi,

My I-485 is pending from June '03 at VSC with my husband as derivative. In Nov'03 my husband also filed I-485 at VSC showing me as derivative.
Now, I have changed my employer and after 180 days I plan to use AC-21. My new employer might send a letter after 180 days informing BCIS for AC-21.
In the meantime,my new employer has also filed LC (to be on safe side) and it will get approved by Dec end. So in Jan, I would like to file I-140 and go CP way .
Questions -
1) Can my employer file I-140 and CP concurrently ?
No. But check about Attorney Certified 140 (AC140) option with your lawyer.
2) Is it okay to have two applications pending ?
Yes if it is based on different labor and for different employer.
Can I have I-485 pending and do CP too ?
A bit complicated. To change to CP from 485, you need to file 824. Once 824 is approved USCIS may ask you to choose between 485 or CP. But as a general rule once you file for 824, your AP and EAD will be void.
I am not using EAD. I am currently on H1 visa.
If you have a stable H1b, then go for CP. But be aware that 824 may take longer at some service centers.

hth
dyno
Pls advise.
Click to expand...
 
What is AC-140 ? any links for more info on this..
Does this mean I can have one I-485 pending and I can also have AC-140 pending, which ever approves earlier.....
 
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