Simultaneous filing of I-485 and Consular Processing

[vpampatt]

Hello Gurus,

My 2 questions are:

1) Can we file both Consular Processing and I-485 at the same time?

If NOT, how about filing first I-485 and after 182 days file for Consular Processing. Are there any problems with that?

Also, If I leave employer after 182 days of filing for I-485 then do I have to work after 182 days. If I have to work- then other than
getting into a job with similar job description, do I have to make same salary as mentioned on Labour Certificate of Green Card.

Your detailed reply will be highly appreciated

Neelakshi.

 

[Jim Mills]

Q1) Can we file both Consular Processing and I-485 at the same time?

ANSWER:

You can file whatever you like but only one can be processed.

Q2) If NOT, how about filing first I-485 and after 182 days file for Consular Processing. Are there any problems with that?

ANSWER:

See above. If you file for CP after 182 days (to use your hypothetical) INS will automatically cancel the I-485 and transfer the case to the National Visa Center for processing.

Q3) Also, If I leave employer after 182 days of filing for I-485 then do I have to work after 182 days. If I have to work- then other than getting into a job with similar job description, do I have to make same salary as mentioned on Labour Certificate of Green Card.

ANSWER:

You do not have to work at all until the GC is approved.

 

[vpampatt]

Hello Jim,

Thanks for your reply. I been to USA 7 times in past 6 years , first time on H1-B, 5 times on B1 and currently I am on F1 visa pursuing my master's in Engineering Management. I entered USA on F1 on 3rd June 2002. Recently, I happened to find a job, so filed my H1-B under premium processing. Also, the company has matching approved labor Certificate and willing to do my I-140 and I-485.
Unfortunately, my H1-B got RFE yesterday and I need to provide some more documents( Letter from school to show that I am currently taking courses, which I am). Meanwhile, my papers for I-140 and I-485 are ready.
So, should I file for my I-140 and I-485 (in next 1/2 days) when I am on F1 now or should I wait till my H1 is appoved and I am on company's payroll.
I want to file my I-140 and I-485 now only as priority dates are current. But only concern is that I am on F1 visa (which is of intention of non-immigrant). So, will it have any adverse effect on filling my I-485 and I-140 (which shows immigrant intention).

Your reply will be highly appreciated.