Why not switch to CP , instead of waiting in the I-485 infinite loop ?

maverick,

while we wait for our turn, for BCIS to dust our application, exploring the CP option maybe the answer to out approvals.

I have been following your thread in the forum for CP and did pick up some useful info about the switch to CP.

Also visit this link

http://boards.immigrationportal.com/forumdisplay.php?forumid=116

and under the
Consular Processing Issues-Immigrant Visas (Green Card) the note from Rajiv has me concerned

Note from Rajiv: 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. This is bad news. So far we have been processing consular processing cases hoping that I-


Post your thoughts so all CP aspirants can get informed.



Thanks
sgi
 
There is definitely some risk here ..

Sgi ,

I need to understand the process further before I can make any changes to my I-485 case. If filing the I-824 will abandon my I-485 then I do NOT intend to file the I-824 unless I get some positive response from the US Consulate in Mumbai , saying that they will process my case under the AC-I140 rule , which is pretty fast and doesn't require the I-824 to be approved. Just a receipt is enough , which they say comes within 2 weeks.

Then , depending whether the (currently de-railed) NSC train has moved along or not, I will decide if I want to abandon my I-485 and switch to CP with AC-I140.

The FAQ section on the website , mentions that we do not need to send any I-824 receipt or approval notice to be considered for the AC-I140.

I want to know if I can do that , without disrupting my current I-485 process. On the face of it , this seems possible , but I want to be really sure.

If you are eligible for an AC-I140 case , then this is a like an escape route, if it works out.
 
AC-I140

maverick, from whatever I read in immihelp website looks like I am eligible for AC-I140 from Delhi consulate, though the answer for my question as posted in the first posting of this thread, needs to be found out.

In order to avoid the "from the pan to the fire" case, even I do not want to risk abandoning the I-485 before I am sure something will work out through the CP route.

Also, the list of documents for AC I-140 as listed in immihelp states a 'Receipt for the I-824 to demonstrate the applicant has requested overseas processing.'

So as Rajiv's note state will not the filing of I-824, even to just get the receipt, abandon the I-485 ?

How do you plan to go about finding out from the US Consulate if they will process my case under the AC-I140 rule ?

Thanks
sgi
 
This is in the FAQ section on the US Consulate (Mumbai) website.



How do I request consular processing of a pending employment-based case?

On a case-by-case basis, the U.S. Consulate General in Mumbai is accepting employment-based immigrant visa cases for processing when all the following conditions are met:

Department of Homeland Security has already approved an E1 or E2 category immigrant visa petition and the applicant has an original I-797 form,
the applicant is a resident of the Mumbai or Calcutta consular districts,
the priority date of the case is current or could reasonably be expected to be current within 60 days (we will not warehouse non-current cases),
waiting for the Department of Homeland Security to process the change-of-status application would cause the applicant hardship,
the applicant has copies of all pages that made up the original immigrant visa petition,
there does not appear to be any indication that the case is fraudulent,
I-824 Fee Receipt required.

If you believe that your case meets these conditions, forward copies of your I-140 paperwork to the Immigrant Visa Unit, U.S. Consulate General, 78 Bhulabhai Desai Rd., Mumbai 400026 India with:

the original I-797 Notice of Approval Form
complete forms OF-169 and OF-230, part 1
an e-mail address where we can contact the attorney with confirmation that we have accepted the case


DO NOT send any submissions to any officer or employee by name. Doing so mixes business with personal mail and results in lost paperwork when officers transfer.

We are accepting E3 cases that meet the above conditions on a more limited basis, where it is clear that the applicant is highly skilled. We would accord precedence to applicants who have already received H1-b visas in the same profession or for the same employer.


 
It doesn't say that they require any thing close to the I-824 ,
either the receipt or the approval !!

so its worth a shot !!!

Ask your lawyer and I'll ask mine. Now I only hope we don't have the same lawyer :p
 
will mail my attorney but

given his efficiency, do not expect anything before early next week. Will post once he responds with some information.

Still need to confirm if the approval or the filing of I-824 results in I-485 abandonment.


Thanks
sgi
 
I shall talk to my lawyer too.

Btw , what do u think about sending an email/letter to the US Consulate in Mumbai (or Delhi in your case) explaining the situation and asking them for the best course of action ?

Do you think it's worth the effort ?
 
My 2 cents

I have been enjoying this wonderful I-1485 thrill ride for the last 15 months, so I now feel like an old hand and qualified to offer a personal opinion.

As slow as this is changing streams here reminds me a little of trying to get into the fast aisle at the supermarket. The next one is always moving quicker, of course only until you get into it.

It may be possible for someone to go CP who already has a i-485 pending, but it is a real wild card as to whether or not you would be better off.
 
I posted it on another thread , thought I'll post it here too.


Originally posted by KYCP


Here is my understanding:
There is a limit to which you could pursue both routes. I-485 is considered withdrawn after the I-824 is approved (which takes a long time, in the order of a year or may be less)

Now,
with the I-824 receipt notice, you could start AC-140 and if you get your interview before the I-824 approval, well and good (you still may need to be on independent visa status, like F1, H1, J1, B1 or...., not on work permit based on I-485).

When your I-824 gets approved, you will be sent a letter to make a choice between continuing I-485 or change to CP route.
At this stage, If the consulate decides not to take your (AC-140) case, you could:
1. wait for case to be sent to NVC- the usual CP route, abandon I-485
or
2. Stick with I-485 and abandon CP route
hope this clarifies,
KYCP



KYCP , dev28 , harapatra .and others ...

After a very frustrating 9 month wait in the I-485 process , I decided to look at other options. The AC-I140 seems like the light at the end of the tunnel (which is sometimes an oncoming train)

This seems like a safe path to take, but I don't want to jeopardize my existing I-485 process. Can you please confirm that only when the I-824 is approved , do they abandon the I-485 process and not when it is just filed. And also , if I choose to , I can cancel the I-824 process once I have filed it, without affecting my I-485 process !!

I don't want to escape from the Devil and run into the deep blue sea here.

Do you know any one personally who has had this experience ? Or is there a Website or posting where you have read it ?
I'd appreciate if you post appropriate links regarding the same.

Thanks
 
For I-485 waiting candidates, CP is not a option anymore

Yesterday I called my attorney to find out. At least in my case, it looks CP is not an option anymore.
I-824 has a waiting period of more than ONE year. After that it may still take 6 months or more waiting period at US Consulate in India. Meanwhile I would be completing 6 years of H1, I have to get 7th year H1 approved. My AOS status is not valid anymore. If working on EAD, cannot apply of 7th year H1.

Also, Next week there is an AILA National conference. Our attorney said defenitely there will be a discussion on NSC wait period. Hope something good comes out.......
 
Thanks Raj ..

I have a similar thread in the CP forum too. Just that I post recent findings and important questions to this thread , to get a fresh perspective on things.

Thanks for posting your link. Glad to hear that if I can file for I-824 without affecting my I-485 process. Will double check with my lawyer though.

Can we ask Rajeev Kumar to post the link to the website where he learnt about this ? or was it a personal experience ?

I just feel more convinced if I read it on a Govt. website or a FAQ section !!
 
anybody got any updates

either from their respective lawyers or some other website/information source

My lawyer did not reply as yet so sent him a subtle reminder now :(


sgi
 
maverick1976 and other,

finally my effecient attorney responded with a one liner, after close to a month

===========================================
Does my filing of an I-824 automatically cancel my adjustment application which is pending at VSC?

No it should not.

===========================================


Now, he uses 'should' instead of 'will' so am still concerned.


Anybody else, with any updates?


Thanks
sgi
 
I spoke to my attorney , she said she will have to talk to her senior partner. She got back to me after a few days and quoted from this AILA (or INS) document or previous case , which said that if I would file for my I-824 , they would consider my I-485 nullified , even when my I-824 applicaton is pending. I don't want to touch my I-485 process , considered CP only becuz I could go for the AC-I140 option.

What did your lawyers have to tell you about this ?
 
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