I saw a note from Mr. Rajiv Khanna that INS has indicated that it will consider an I-485 to have been abandoned if an I-824 requesting Consular Processing is received by them. Based on this, we are looking for some help in our case. Here is our case:
Both my wife and I are going through our individual employers (TSC) for the GC process. We both have clean visa records and both are equally unstable/unsecure at our jobs...We both are in our 4th year of H-1 visa.
My labor recently got approved and I plan to file 485 and 140 concurrently. Her labor is still pending with DOL (PD July 2002), no NOF issued yet. Based on previous thread and others advise, the best thing to do is to file for CP for my wife. Currently for TSC, its taking about 4-7 months for 140 approval (non-concurrent filing) + about 4-5 months after that for interview date. so roughly, about 8 -12 months after DOL approval.
Our questions are:
1. Uptil what point can a spouse be added to the CP application? for example, i do not get added right away to my wife's application but can i add myself later to her application (at the time of the CP interview at the consulate)?
2. Is it wise to apply for her EAD/AP based on my 485 application before applying for her CP?
3. From the current timeline, think her CP process will move much faster than my 485 (TSC processing Jan 2001 485 cases currently) but for whatever reasons (unknown at this time), can we have a noshow for the CP interview? what are the consequences? of course, at that time we would add her to my 485 application assuming i still have a job
4. Can we request a specific date for the CP interview?
Thanks in advance.
Any help/information is appreciated.
Both my wife and I are going through our individual employers (TSC) for the GC process. We both have clean visa records and both are equally unstable/unsecure at our jobs...We both are in our 4th year of H-1 visa.
My labor recently got approved and I plan to file 485 and 140 concurrently. Her labor is still pending with DOL (PD July 2002), no NOF issued yet. Based on previous thread and others advise, the best thing to do is to file for CP for my wife. Currently for TSC, its taking about 4-7 months for 140 approval (non-concurrent filing) + about 4-5 months after that for interview date. so roughly, about 8 -12 months after DOL approval.
Our questions are:
1. Uptil what point can a spouse be added to the CP application? for example, i do not get added right away to my wife's application but can i add myself later to her application (at the time of the CP interview at the consulate)?
2. Is it wise to apply for her EAD/AP based on my 485 application before applying for her CP?
3. From the current timeline, think her CP process will move much faster than my 485 (TSC processing Jan 2001 485 cases currently) but for whatever reasons (unknown at this time), can we have a noshow for the CP interview? what are the consequences? of course, at that time we would add her to my 485 application assuming i still have a job
4. Can we request a specific date for the CP interview?
Thanks in advance.
Any help/information is appreciated.