Pending 485 to CP

T

tagore2004

Registered Users (C)
Dear Gurus and Friends,

You help is highly appreciated !!

I have filed concurrent filing I140/I485 for myself and spouse at VSC last year MAY2003,My I140 is approved just one week back and my H1B1 was expiried last year. I have applied for extention but got RFE to send extra $1000 which we could not send and which made the case to close after I have not responded for 120 days.

Now my status is EAD/AP(AOS-Pending I485).

I would like to apply for Consular processing due to personal problems. Can you please let me know how to follow the process??

If I go to India for 6 months or one year after applying consular process will I get greencard in India??

If I change to Consular processing,I think I have to cancel my I485 so in this case I may loose my EAD/AP bu which i cannot work in USA.

What happens if I keep working on EAD even after I cancel my I485 and once I get interview in India I will leave USA and reenter USA with greencard??

My employee is a friend of my and he can help me out in all ways !!!.Please advice the best way !!!
 
Now my status is EAD/AP(AOS-Pending I485).
---- Your status is AOS pending always send EAD renewal 6 months advance and apply AP 6 months advance and keep valid AP with you for any emergency trip out of US
I would like to apply for Consular processing due to personal problems. Can you please let me know how to follow the process??
---- You just file the form I-824 (I am not sure check the form) and request USCIS that your I-140 approval should be notified to US consulate XYZ city and you would like to go for consular processing
If I go to India for 6 months or one year after applying consular process will I get greencard in India??
------ YES, if the employer has still future job offer for you and gives you notarized letter of future permanent job offer. Go to www.immihelp.com and read about CP processing you will find good info
If I change to Consular processing, I think I have to cancel my I485 so in this case I may loose my EAD/AP bu which i cannot work in USA.
-------------------------- Once you chose CP then I-485 will be abandoned and EAD, AP will be invalid as EAD, AP is based on pending I-485. you will not be able to enter US on AP and you have to wait out side US for your CP interview and if got approved then you can enter
What happens if I keep working on EAD even after I cancel my I485
---- ----------once you cancel I-485 you cannot work on EAD, the base for EAD and AP is pending I-485, once the base goes EAD, AP goes
and once I get interview in India I will leave USA and reenter USA with green card??

My employee is a friend of my and he can help me out in all ways !!!.Please advice the best way !!!

*** It seems to me risky better stick with AOS pending or go to good lawyer and discuss your case and find the best option for you. Remember if CP denied no appeal or no Motion to reopen
 
Ginnu..and other gurus....thanks a lot for the wonderfull reply !

..How do the Consulate in India know that even after I have applied to CP I was still in the US and working on EAD...Well I will not inform any one that I am working on EAD and also my current employer will not care as long as they see that my EAD card is a valid one...




If I file CP process, My I485 will be abended,..If so will it abend my spouse I485 also??
 
Originally posted by tagore2004
Ginnu..and other gurus....thanks a lot for the wonderfull reply !

..How do the Consulate in India know that even after I have applied to CP I was still in the US and working on EAD

----- they have many ways to find out, dont create problems for you
...Well I will not inform any one that I am working on EAD and also my current employer will not care as long as they see that my EAD card is a valid one...

------ they will find out and it is illegal to use EAD after I-140 filed,changed for CP, you dont have any base for EAD use and it is illegal. are you from south India?????


If I file CP process, My I485 will be abended,..If so will it abend my spouse I485 also??
----YES
Click to expand...
 
Ginnu,

Thanks...I am the daily reader of your posts on this forum...Thanks a lot for helping all the memebers with you expereicnes....

How about myself changing to H1B1 from EAD??


I have been in the US for 5 years on H1B1 but I Have applied for H1B1 extention LAST YEAR and I got a query to send another $1000 as its was not considered has the third extention in the mean while my labour was approved and I got EAD/AP so I havn't sent the $1000 check and my H1B1 extention was cancelled, And it been 6 months now.....


Now I am planning to cancel my AOS(I485) and like to change it to (AC140-)CP Processing, In which my EAD/AP will be cancelled...

How can I go back to H1B1.....

Please advice !!!
 
Ginnu,

Thanks...I am the daily reader of your posts on this forum...Thanks a lot for helping all the members with you experiences....

How about myself changing to H1B1 from EAD??
--------------------- You are Not on H1B status so you cannot file H1 extension, your employer can file new H1 petition and if approved( it may take 5-7 months by normal processing if you want it early pay the premium processing) then go out of US get H1 Visa stamp from consulate and enter on H1 status ( remember at this time Consulates in India create problems for H1visa stamp and H4 visa stamp)

I have been in the US for 5 years on H1B1 but I Have applied for H1B1 extension LAST YEAR and I got a query to send another $1000 as its was not considered has the third extension
---- that was your employer or your mistake you could have sent $1000 to USCIS

in the mean while my labor was approved and I got EAD/AP so I havn't sent the $1000 check and my H1B1 extension was cancelled, And it been 6 months now.....
----- USCIS did the right decision H1was supposed to be cancelled H1 if you or your employer don’t pay the USCIS fees

Now I am planning to cancel my AOS (I485) and like to change it to (AC140-)CP Processing, In which my EAD/AP will be cancelled...
------- what if problem with CP??????? I think you have decided to take risk; I will not go for CP if I-140 is approved and I-485 pending more than 180 days because one can use AC21 but with CP no AC21, no appeal, no motion to reconsider can be filed

How can I go back to H1B1.....
--- read above
 
Ginnu and other gurus !


O.K.....Even though CIS sent me letter that they are cancelling H1B1, can I reopen,motion to recondier the case again with the approved labor and I140?? ..As you said below that I can apply for new H1B1 but if I apply for new H1B1,I have to leave anyway from this contry for one year?? right??


If I change from pending I-485 to CP process??, How long its going to take for the USConsulate interview....What will happen..if I file CP process and I will go out to India and stay there for 6 months..will that be a problem for the interview??


Or Even I can do this....Once I file CP process(I-824..etc), I will still work on EAD and after 6 months I will go India and attend the CP interview???...will this not work??
 
Originally posted by tagore2004
Ginnu and other gurus !


O.K.....Even though CIS sent me letter that they are cancelling H1B1, can I reopen,motion to recondier the case again with the approved labor and I140??
----- I dont think you can reopen or file the motion to reconsider it has time limit. check with your lawyer

..As you said below that I can apply for new H1B1 but if I apply for new H1B1,I have to leave anyway from this contry for one year?? right??
------ if you did not hit 6 years then get the H1 Visa and enter on H1 status, you canot file H17th year extension becase you are NOT on H1B status at present

If I change from pending I-485 to CP process??, How long its going to take for the USConsulate interview
----- only consulate can let you know, i dont work for USCIS or NVC or any consulate

....What will happen..if I file CP process and I will go out to India and stay there for 6 months..will that be a problem for the interview??
------ talk to your lawyer

Or Even I can do this....
Once I file CP process(I-824..etc), I will still work on EAD and after 6 months I will go India and attend the CP interview???
---- once you file for CP you cannot work with EAD
...will this not work??
------ this will NOT work. for more info go to lawyer pay him and discuss your options.
Click to expand...
 
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