Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Immigration Voice Issues and Congressional updates > All other Green Card Issues
Click to log in with Facebook
All other Green Card Issues I-140/I-485, Family Based Green Card

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 10-01-2010, 08:38 PM
Junior Member
Priority Date
:
May-00
Category
:
EB1
I140 Mailed Date
:
Chargeability
:
Bangladesh
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 7
arouncoumar is on a distinguished road
Default 485 Denied & unmarried, is Consular Processing a wise choice?

I am EB3 India, PD is Sep-2001. My 485 was denied based on clerical error. We are 100% sure of the case getting reopened.

Anyways, here is my catch. When they reopen 485, they could issue my GC on the same day as PD is current. This is a problem as I am unmarried. It might take me 3-6 to finalize that situation. And I am restricited to travel to India till the case is reopened. So, I could face a risk of my wife having to stay overseas 2-5 yrs if GC is approved before marriage.

So, I was wondering about CP & abandon 485.
1. Is this wise?
2. How long CP takes? If its less than 6 months, my current employer can still have me in the payroll but if its more than 1+ yr, things are uncertain.
3. BTW, I did AC21 and present employer is different from I140 sponsoring employer. Is that a problem

Thanks.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 10-01-2010, 09:25 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
07/16/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Dec 2006
Posts: 152
dvb123 has a reputation beyond repute dvb123 has a reputation beyond repute dvb123 has a reputation beyond repute dvb123 has a reputation beyond repute dvb123 has a reputation beyond repute dvb123 has a reputation beyond repute dvb123 has a reputation beyond repute dvb123 has a reputation beyond repute dvb123 has a reputation beyond repute dvb123 has a reputation beyond repute dvb123 has a reputation beyond repute
Default Ac21 + aos -> cp

Since you have used AC21 and changed employers I don't think u can use CP. However pls find out from other experts in this forum and an experienced attorney. I think moving from AOS to CP and vice versa is allowed but using AOS and AC21 and then to CP may not be aollowed.

Get h1 done through consular processing and go for h1 stampign in India. Then you can keep your aos appea alive as well as go to india to get married.

Last edited by dvb123; 10-01-2010 at 09:37 PM.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 10-02-2010, 01:45 AM
Senior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 330
ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute ramaonline has a reputation beyond repute
Default

Note that AC21 does not apply to Consular processing

I got this from one of the posts:

The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be with the same position and with the same employer that obtained your labor certification. AC-21 does not apply to CONSULAR PROCESSING.

One option might be to obtain and mainain advance parole while you are out of the country even if this requires you to return to the US for renewals of the AP. That way, once your PD becomes current or close to current, you have the flexibility offered by AC-21 to find a "same or similar" position with any US employer.
__________________
This is not legal advice
Total Contributions to date:: over $750
PD Oct 2006/EB2/India
I140 approval Oct 2006
I485 filed Jul 2 07
I485 approved on Jul 25 2011
Received green cards on Jul 28 2011
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 10-02-2010, 04:44 AM
Junior Member
Priority Date
:
May-00
Category
:
EB1
I140 Mailed Date
:
Chargeability
:
Bangladesh
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 7
arouncoumar is on a distinguished road
Default

Can you post that link?
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 10-29-2010, 08:38 PM
Junior Member
Priority Date
:
May-00
Category
:
EB1
I140 Mailed Date
:
Chargeability
:
Bangladesh
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 7
arouncoumar is on a distinguished road
Default

UPDATE
=====
CP was ruled out as I invoked AC21. So, MTR was the only option. I filed it 2 weeks ago and recieved 485 approval mail. With regards to spouse travel, hope F2A progression continues.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 10-29-2010, 09:53 PM
Senior Member
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 594
dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future dealsnet has a brilliant future
Default Gc

Waiting for 2-3 years, is a past thing. Now family based GC holder (Indian) can bring his wife within 6 months. Look latest visa bullettin. Now Citizen and GC holders have not much diffrence in PD.
__________________
Proud to be Indian and American resident.
GREEN CARD APPROVED IN EB2
I am not a lawyer. This is my personal opinion.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 12-09-2010, 05:57 PM
Junior Member
Priority Date
:
May-00
Category
:
EB1
I140 Mailed Date
:
Chargeability
:
Bangladesh
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 7
arouncoumar is on a distinguished road
Default

Quote:
Originally Posted by dealsnet View Post
Waiting for 2-3 years, is a past thing. Now family based GC holder (Indian) can bring his wife within 6 months. Look latest visa bullettin. Now Citizen and GC holders have not much diffrence in PD.
Damn, they retrogressed back to 2.5 yrs. This sucks.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On



All times are GMT -4. The time now is 08:46 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org