Please respond: Can I apply EAD and AP while I do consular processing

[rajiv_fan]

Hi Consular processing gurus please take some time to read this
email and give your response.

We are expecting our I140 approval shortly, and would like to apply
for CP immediately after that. My spouse\'s H-1 is expiring on Jan 15th. I
am conflicted between doing 485 and CP. The websites tells me that I
cannot do both at the same time. Assume that I apply for CP on Jan
1 2002, here are my questions.

1. How long after you apply for CP does it take to get an appointment
    in Chennai consulate.
2. Can you request your preferred time to get an appointment.
3. Can I apply for my spouse\'s EAD and/or Advance parole so that she can
   be in status, or get work permit, while I wait for an appointment
   in the Chennai consulate.
4. WHere is finger printing and other stuff done when you do
   consular processing.
5. Should I go ahead and apply 485 anyway even though I apply for
   CP.

Thank you very much for your time.

nicedesi

 

[skarekat]

rajiv_fan: Here are the answers to your questions...

1. How long after you apply for CP does it take to get an appointment
    in Chennai consulate.
Ans. If you send in your Packet 3 documents so as to reach the Consulate by 15th of Month 1, you should probably get an interview in Month 3.

2. Can you request your preferred time to get an appointment.
Ans. I\'ve heard a few people request specific/approx interview dates. You could try that.

3. Can I apply for my spouse\'s EAD and/or Advance parole so that she can be in status, or get work permit, while I wait for an appointment in the Chennai consulate.
Ans. First of all, has your spouse applied for her green card or is she a dependent (i.e., you\'re the primary applicant).
      If she has applied for her green card and if her I-140 has come through, she can apply for I-485 (Adjsutment of Status or AOS). Applying for AOS would entitle both of you to an EAD/AP. You could possibly apply for CP through your GC app once your I-140 is approved. You might want to check the implications of going for CP (through your app) while on EAD/AP (through your spouse\'s app).
      If she\'s a dependent, you could apply for AOS so that she remains in status. However, if you do happen to change AOS to CP, your AOS application becomes void.

4. WHere is finger printing and other stuff done when you do
   consular processing.
Ans. Finger printing is done at the port of entry (POE) in case of CP.

5. Should I go ahead and apply 485 anyway even though I apply for
   CP.
Ans. You cannot have both AOS and CP going concurrently. It has to be either AOS or CP. If you apply for AOS, you could later change it to CP, however, doing so will cancel your AOS. I\'m not sure whether you can revert to AOS if you select CP. You might want to confirm that with other CP Gurus on this forum.

Hope that helps.