Question for Immigration gurus

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Registered Users (C)
Hi Guys,
I have filed my 485 in Nov at TSC.In the mean time my wifes 140 got approved for CP recently.My H1 6 year cap is over and i am presently working on EAD.
My question to the gurus is ....Can we go to India using AP and go to the consulate in India For the GC interview based on my wifes 140......
and in case we get rejected at the Interview due to some unknown problem....Can we reenter the country on the AP and wait for AOS/485 adjudication?

The reason i want to try this is that if i go the CP way we get the GC in 4 months but if i wait for TSC to adjudicate my 485....i will have to wait a loooooooong time..I already have not gone home in 6.5 yrs...i dread to wait more.
The only worry that i have in my mind about failing in the CP is that we entered the country on B1 visa and then changed to H1 and never left the country.

Thanks for any advice.
 
Denial of CP

If CP is denied, your ability to reenter would be dependent upon the reason for the denial. If the consular officer believes that you have committed immigration fraud you may not be able to reenter. An example of fraud would be obtaining a B-1 visa to come to the US and interview for jobs but stating to border officials and consular officers that you were coming for another reason.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
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