out of status: CP or AOS

M

malakpet

Registered Users (C)
I was laid of by company A from which I had my H1. they will be informing INS in 2 weeks. While I was working for A, company B applied for my GC. My 140 was approved just before I was laid off. What are my options to continue with GC from company B:

1. File for AOS now ( while I am out of status :-()and wait till my GC is approved? I don't know when I can find another job in this economy.

2. Get company C to do my H1 and then file for AOS?

3. Can I choose not to work for company B while AOS is pending and though I will get EAD eventually.

3. File I-824 and go to chennai for AC-140? ( looks like chennai does not accept AC-140, but I can give it a shot)

4. Wait for I-824 approval and go through the normal CP route and wait in India while the CP process continues? Will my being out of status now for the few weeks while I pack up and leave country affect my CP.

Please suggest..
 
Originally posted by malakpet
I was laid of by company A from which I had my H1. they will be informing INS in 2 weeks. While I was working for A, company B applied for my GC. My 140 was approved just before I was laid off. What are my options to continue with GC from company B:

1. File for AOS now ( while I am out of status :-()and wait till my GC is approved? I don't know when I can find another job in this economy.

2. Get company C to do my H1 and then file for AOS?

3. Can I choose not to work for company B while AOS is pending and though I will get EAD eventually.

3. File I-824 and go to chennai for AC-140? ( looks like chennai does not accept AC-140, but I can give it a shot)

4. Wait for I-824 approval and go through the normal CP route and wait in India while the CP process continues? Will my being out of status now for the few weeks while I pack up and leave country affect my CP.

Please suggest..
Click to expand...

Try to get a job with company B. If you do not work for the company B that filed your I-140 and 485, INS will view this suspiciously.
 
Out of status CP or AOS

malakpet,

Sorry about the situation. Here are my thoughts!

The first and foremost thing you should do is get a job.
Other than the fact that you have to maintain your status, your chances of getting your GC through Company B have not altered in any way.


Now I will try to answer your questins:

1. Since you have the I-140 approval in hand, you can do this.
But again, getting a job and maintaining your status is crucial
for everything.

2. The best option would be for Company B ( the company that is
sponsoring your GC ) to offer a job for you. If that is not
possible, getting a job with any other company is OK too!

3. Why did you mention the I-824. Is your file already in the AOS
line ( by virtue your choice in the I-140 petition ) . If you have
mentioned CP in the I-140 petition, then your case would already be slated for CP route. You will see this information on the Notice of Action for I-140 approval.

My understanding was Chennai is not entertaining AC 140.
But discuss with an Attorney.If Chennai consulate asks the reasons for the AC 140, it might be difficult to explain.

4. Partly same as above. Going back to India, would be a last ditch effort. But can be done , if you can leave on such a short notice.

Good luck.

Raju
 
My problem is that Company B is not in a position now to offer me fulltime employment due to the bad economy, but they have kindly agreed to continue my GC processing that started in boom days. They can absorb me once I get GC.
Attorney says only way I can keep the 485 alive is to work with GC sponsor ONLY until 485 is approved (which is not possible due to reasons mentiuoned above) or take the CP route.
If I take the 485 route and let my husband use the EAD to support the family while I chose to remain unemployed (as GC sponsor has no clients now), will this affect my AOS case?

One more question..simple one: How long does it take to get GC if I go the normal I-824 + NVC + Chennai consulate interview.
 
Hi,

This is what I understand from your post.

1. The GC sponsor can not absorb you at this point,
but is ready to stand by the GC commitment.

2. You have opted for AOS in your I-140, hence you are already
in that line.

You said, "Attorney says only way I can keep the 485 alive is to work with GC sponsor till the process is complete ".

I do not agree with this statement, because it is contradictory,
since you were already employed with Company A , while your
GC was being processed through Company B.

The statement is not generally true, because it is an accepted procedure, to have your GC processed through a different company than the one you are currently working.

But the attorney would have studied your case and hence, could have a reason for saying that.

Now to take a look at your questions:

You want to remain in the AOS line, get an EAD, your husband would work and you remain unemployed ..

... why would you do that ? Though I am not totally sure about this, the process of GC, whether AOS or CP hinges on the fact, whether the applicant ( you ) are maintaining the status.

At the same time, it is also possible to have your GC processed , while you are waiting in India.

I was not aware that once you get your EAD you can elect to stop working and just wait for the AOS to come through.

Any way you look at it, you do not want to stay in US without status. Once you get your EAD it might be easier to find a job.

About the time it takes:

I do not have any personal experience, but I have seen people saying that it is taking something like 6 to 8 months??

Once it is through, it takes 6 to 8 months for the cp interview.

I am not an attorney.
 
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here are my thoughts ...

in reality one may not even work a single day for the GC sponsoring employer before the GC is approved .... the important thing is that u should work for ur sponsorer after the GC ... but the INS or DOS will have a good argument that you are in the US and not working for the sponsoring employer !!!

I would suggest that you stick with AOS as u have a better chance with that and can utilize AC21 law too ....

U should apply asap as u are not maintaining status ...
 
AoS is better in your case

I am not an attorney, and this advice is based on just my general knowledge about the GC process, so please double check.

Your best bet may be to go the AoS route with Company B, while staying in status with an H-1 from Company C.

CP is pretty risky if you have any issues with your status. The conventional wisdom is that if you are not HUNDRED percent certain about every little detail, stick with AoS.

Aish
 
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