Planning CP.. What about EAD?

[sachinsoni]

Hi gurus,

I will be applying for 140 shortly and I am planning to go in for Consular processing. I have a few questions which I hope you guys can answer. So here goes:

1. If I apply for 140 and state that I want to go in for CP, does it mean that I cannot apply for EAD, since I am not filing for AOS? In this case, I would still be working on an H1 and that would remain my status till I get the approval for the GC. Is this correct? Can someone explain the EAD and 140 relationship if I have to go in for CP.

2. How long is it taking for CP after 140 approval? My labor approval will be from Denver, so I would assume my 140 would go to Nebraska.

3. Is it wise to go for CP rather than AOS in view of the 485 bill (which I think will be taken very seriously)?

Please give me some ideas, I am not sure what to go for.

Thanks in advance.

 

[ginnu]

I will be applying for 140 shortly and I am planning to go in for Consular processing. I have a few questions, which I hope you guys can answer. So here goes:

1. If I apply for 140 and state that I want to go in for CP, does it mean that I cannot apply for EAD, since I am not filing for AOS?
----- If apply I-140 with CP option then you can not get EAD, if you file I-485 then only you can apply for EAD
In this case, I would still be working on an H1 and that would remain my status till I get the approval for the GC. Is this correct?

----- If you don’t apply I-485 or AOS and I-140 is filed with CP option you can remain on H1 status(not automatically your employer should keep on extending H1) and you can extend H1 status even if 6 years or over based on pending I-140
Can someone explain the EAD and 140 relationships if I have to go in for CP.
------ I-140 has nothing to do with EAD, one can file for EAD or AP if I-485 filed and pending
2. How long is it taking for CP after 140 approvals? My labor approval will be from Denver, so I would assume my 140 would go to Nebraska.
------- No body can give you a particular date or month all depends on USCIS, if I-140 gets RFE then more delay and nobody can guarantee you that I-140 will be approved, every case is different. At this time NSC is taking 6-8 months to approve or deny the I-140, nobody knows what time they will take in future
3. Is it wise to go for CP rather than AOS in view of the 485 bill (which I think will be taken very seriously)?
----Which I-485 bill?????

** With CP if at consulate CP is denied due to any reason then one cannot go for appeal or Motion to reconsider with I-485/AOS lawyer in US can file motion to reopen or can go for appeal