Questions on I485 and CP together

[jk1990]

My wife filed her I485 case about 1 year ago based on her I-140. So did I as a spouse. My LC got proved recently and I'm preparing for filing my own I-140. We are at TSC which is ridiculously slow. Now, I’m thinking about doing Consular Process (CP). The questions are:

1). Will it cause any damage to the I485 of mine or my wife’s?

2). If I just file my own CP but the case failed, can I continue to work in U.S. using the EAD obtained from my wife’s I485?

3). I’m extending my H1-B over 6-year limit, will I still be able to work on H1 after filing CP?

4). How long will it take roughly to do CP from filing the I140 to approval ( I need to go to one of the U.S. Consulate in China)?

5). How much would it cost to do CP?

Thanks!

 

[Raju595]

Originally posted by jk1990
My wife filed her I485 case about 1 year ago based on her I-140. So did I as a spouse. My LC got proved recently and I'm preparing for filing my own I-140. We are at TSC which is ridiculously slow. Now, I’m thinking about doing Consular Process (CP). The questions are:

1). Will it cause any damage to the I485 of mine or my wife’s?

{No. You can have these two processes going on
simultaneously without any problem}

2). If I just file my own CP but the case failed, can I continue to work in U.S. using the EAD obtained from my wife’s I485?

{This is an hypothetical question. If you have attended
the CP Interview at a Consulate in China and there
are some reasons which result in denial of VISA then
whether you are allowed back in US or not depend on
those reasons.

Research on the reasons for denial of VISAs at Consulates}

3). I’m extending my H1-B over 6-year limit, will I still be able to work on H1 after filing CP?

{Yes.}
4). How long will it take roughly to do CP from filing the I140 to approval ( I need to go to one of the U.S. Consulate in China)?

{Look for time lines for I-140 approval and add 6 to 7
months to that for the cp process. I am speaking from
experience with the consulates in India and check timelines
for consulates in China}


5). How much would it cost to do CP?

{I would assume the visa issue fee would be the same
which is $ 335.00 . Apart from this there may be expenses
like courier fee. YOu need to research on this.

I am not commenting about attorney fee and travel costs}

Thanks!

{my responses}

Raju