Planning to go for CP.. What about EAD?

S

sachinsoni

Registered Users (C)
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.
 
sachinsoni:

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.
Answer: With CP you cannot get EAD since EAD is possible only with AOS/ 485 process. No relationship between EAD and 140 with respect to CP....they are two ends of the pole that will never meet!
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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.
Answer: Assume 6-9 months for I-140 approval and another 6-8 months for CP interview.
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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)?
Answer: What bill? Do CP if you meet ALL following conditions:
job secured until cp interview, no out-of-status situation, no contagious medical history and no criminal background.
 
Thanks for your quick reply kd1403,

Some more clarifications.

1. How about if I apply for 485 and EAD, once EAD is issued, then file the form to change to CP. How good an option is that?

2. Seems like around 2 years I should have my GC with those timelines.

3. And most importantly. When you say job security, does it just mean having a job or does it mean that I have to be drawing regular paychecks till the time for my CP interview? I mean, if I do get laid off, but my company doesnt cancel any paperwork, I would still be 'legal' but would probably have some missing paychecks. So, what exactly do you mean by job secured. Please clarify.

And the bill I mentioned is the 485 litigation thing that is going on. Sorry for not clarifying.

Thanks once again for your rapid response.
 
sachinsoni:

1. How about if I apply for 485 and EAD, once EAD is issued, then file the form to change to CP. How good an option is that?
Answer: What consulate? Then I can tell you if this is advisable! 485 to CP change requires filing I-824. Depending on your consulate i can let you know if this is possible!
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2. Seems like around 2 years I should have my GC with those timelines.
Answer: Yes
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3. And most importantly. When you say job security, does it just mean having a job or does it mean that I have to be drawing regular paychecks till the time for my CP interview?
Answer: Preferrably both. Dont try anything illegal or unlawful just free advice!
 
Hi again,

1. I am a resident of Mumbai, so it will be Mumbai Consulate.

3.I understand that both are preferable. The only reason for me asking was that I cannot see the future, as of now, I feel there should be no issues, but who knows??? I dont want to take a risk today and be sorry tomorrow. Also, I would assume your tip means that it is unwise/unlawful to go for CP unless I am assured that I will have a regular paid job till my CP interview.
 
sachinsoni:

Mumbai accepts what is called AC I-140 process (http://www.immihelp.com/gc/consular/). So you can file I-140 with 485, get EAD and after I-140 is approved file I-824 to change to CP, and based on I-824 receipt your attorneys can file AC I-140 packet you will get your GC interview in about 5 months from filing such packet.
 
Thank you sir for your gracious and informative answers.

Just a last thing. I read in one of the posts, that moving from 485 to CP is not an easy thing to do? Is this true OR is this the reason you asked me for my consulate of application. If it is the former, then do you have any other suggestions?
 
sachinsoni:

Changing to CP from AOS can be easy or hard depending on various factors - some consulates do not accept AC I-140 process, you need a lawyer for AC I-140 and it is difficult to convince company lawyers to proceed with AC I-140 since you will get GC faster as opposed to 485 and which may indirectly not be in companies interest and so on...

But in your case convince your attorneys and then rest is easy since mumbai accepts AC I-140.

Wish you the best...
 
kd1403 .. Question for you

I fall under the US Consulate (Mumbai) jurisdiction and have been waiting for my I-485 approval for the past 18 months. My H1 has expired almost a year back and I am currently working on an EAD.

Even if I can convince my lawyers for the AC-I140 option , can I apply for CP , given the fact that I will have to file for i-824 (which means that I want to abandon my I-485 process) and I don't have a valid H1 ?
 
maverick1976:

AC I-140 is a type of CP so they are one and the same. YEs you should be able to file AC I-140 since you fall under mumbai consulate which accepts I-824 receipts.

You will remain on EAD until you sign the letter sent by USCIS confirming termination of 485 which generally takes about 6-9 months by which time you will already have your green card assuming you move quickly on your AC I-140 process.
 
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