Bhasu said:
Thanks intezar_imtehan, this is useful link. Yes, you may be right that CP becomes abandon once you file for 485. But heres the explaination what my lawyer gave me and not necessarily correct. Your case gets abandoned when USCIS, while processing 485, requires your approved I140 package from the Consulate. This would happen only when the PD becomes current. At the same time teh consulate would schedule my Interview i.e. when PD becomes current. This would sure take more time at USCIS than at Consulate. As my case is awaiting interview at the consulate and would remain there till the PD becomes current now.
The advantage may be that if the PD retrogression further stretches to 2-3 years, then I would be able to utilize AP/EAD which is not available for CP. And sure at that stage, CP process would be considered Abandoned as i would use process of 485.
This sounded convincing. Pls suggest if there is any loophole or mistake this would end up being.
Pls provide your input.
Thanks
Bhasu, Ultimately this is your own personal decision based on your situation. I can share my personal thoughts-
I went through an agonizing phase in July when 140 processing at Texas was going so slow. I was getting ready to file for 485 because we needed EAD for my wife from Feb'05.
I had got all paperwork from Lawyer and also setup appointment for medicals etc.
Out of the blue, 140 got approved on July 26. Going by the processing dates it was not expected until at least november.
There are many downs (and some ups) in the whole GC process, just try and be patient (my wife will be laughing at me if she hears this!).
I am not really convinced why you need to file for 485 now-you'll have bigger heartbreak if it gets kicked back from Consulate and then have to run around. Most sites mention - USCIS doesn't like it when both CP and AoS are pursued. Plus you'll incur costs for medicals, lawyer etc. maybe your company pays all or part of it.
My suggestion to you-If your case history is clear and you have no worries about CP rejection or you don't need an EAD for your wife -Don't do anything now, just wait. You'll be eligible for H1B extensions beyond 6 years-just get that done. Sure it will mean a little more headaches for travel (you'll need a new visa each year if you go out of USA often).
Simple principle the more paperwork you file with USCIS the more the chances for screw-ups and lost time.
I think Sada's right- the numbers are there, it will surely open up by summer.
My GC process started close to 4 years ago and only now I see some light at the end with interview set for Jan. It will happen for you too..just not your time yet!
