switching to CP

A

amdomd

Registered Users (C)
Need some advice CP gurus. Planning to abandon I-485 and switch to CP since NSC is taking forever. My details are:
Concurrent filing - EB2
RIR/ ETA 750 approval: 01/07/2003.
I-140: Received on 04/08/2003; RFE 07/17/2003; pending.
I-765: Received on 04/08/2003; pending.
I-485: Received on 04/08/2003; pending.
Fingerprinting done: 05/22/2003
H-1B second extension approved 08/23/2003, will revalidate.
Did not apply for advance parole.
Permanent resident of West Bengal, India.
How long will it take after I-140 approval to get CP interview - current priority date at NSC for I-824 is 02/17/2003? What is the process involved? Any risks involved? What consulate will I fall under?
Please help - my lawyer is a "Duddu"!
Thanks.
 
CP is much better than AOS. But there are some problems with CP: One thing your H1B record should be clean, with no illegal gaps. The other usually employers don't like to do CP. Talk to your employer
 
How long will it take after I-140 approval to get CP interview - current priority date at NSC for I-824 is 02/17/2003? What is the process involved? Any risks involved? What consulate will I fall under?

Answer: I-140 approval is takign about 6 months thru NSC. Plus since you r a resident of WB, you fall under mumbai consulate. If you have not you can file 824 and once you receive 824 receipt and your I-140 is approved, you can file what is called AC I-140 since Mumbai consulate accepts AC I-140 process, a faster form of CP. AC I-140 takes about 4 months to get cp interview once you have filed the papers.

Search for AC I-140 and you will find all the details..also here is a basic site on AC I-140 process...
http://imminfo.com/Knowledgebase/FAQs/ACI140.html

http://www.immihelp.com/gc/consular/

CP is recommended if:
1. Ones job is secured till one gets the GC thru cp
2. The candidate has never been out of status/ has never had a illegal or criminal past.
3. One does not have a contagious disease that can result into an epidemic

If above 3 are covered then there is no risk.
 
AC I 140

AC I-140 sounds excellent. I will pursue this route. I don't have any gaps in my H-1B, employer is willing to support, job guarantee is there and no communicable diseases.

Know any good lawyers with AC I-140 experience? Mine is a "duddu".
Do I have to apply for advance parole or can I travel back and forth on revalidated H-1B visa?
If I do travel on H-1B, will it be considered an automatic abandonment of the pending I-485 application? (If I get the interview date prior to I-824 approval)
Do I have to prove hardships in waiting for AOS?

Thanks!
 
Know any good lawyers with AC I-140 experience?
Answer: Rajiv Khanna!

Do I have to apply for advance parole or can I travel back and forth on revalidated H-1B visa?
Answer: You can travel back and forth on revalidated visa. But please confirm this.

If I do travel on H-1B, will it be considered an automatic abandonment of the pending I-485 application? (If I get the interview date prior to I-824 approval)
Answer: AOS is considered abandoned at the point in time when you have filed for I-824 and BCIS has sent you a letter to find out if you really want to abandon AOS and move to CP.

Do I have to prove hardships in waiting for AOS?
Answer: Waiting for the time it takes for AOS in itself is a hardship. But if you can complement this with something else that would really help.
 
Dear kdivekar
Thanks for all your excellent and prompt help. This website has cleared a lot of cobwebs I had in my mind about immigration issues thanks to people like you.
 
Your are most welcome! All I am doing is sharing the same knowledge I have gained through the vehicle Rajiv Khanna has provided to us (immigration forum)
 
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