Is it possible to file AOS after filing for CP? Please help

[India1]

My employment based I-140 was approved in last Nov. and I filed all the required paper work for CP in April this year, as I opted to do so in I-140 petition. Now my personal circumstances force me to stay in the United States and I can't go for CP interview that I am expecting in next couple of months. My employer has written letters to INS, NVC and American Consular at New Delhi, explaining my circumstances that make me unable to go for CP and requested to move my file back to INS from New Delhi. I haven't heard any reply from INS in this regard. Please let me know:
Can I file for AOS (I-1485) right away or do I need to wait until my file is back from New Delhi?
If I file for AOS right away without waiting for reply from INS, do I need to mention that I had already filed for CP?
How long it takes to move the file?
Any advice/suggestion/comment/previous experience on the aforesaid matter by Immi-gurus will be greatly appreciated.

Thanks a lot!!!

[kw177]

Is it possible to file AOS after filing for CP? Please help

Not Legal Advice:

You can File an I-485 at any point prior to leaving the US
for your interview. You should also apply for an Employment Authorisation Document (EAD) and an Advanced Parole (AP) at the same time.

Once you file though you should not leave the US for any reason until ou have recieved the Advanced Parole Documentation.

[India1]

Re: Is it possible to file AOS after filing for CP? Please h

Thanks kw177.

[Aussie]

Re: Is it possible to file AOS after filing for CP? Please h

My understanding is that you do NOT need an advance parole if your H1 Visa is valid. In fact a lot of attorneys advise against applying for advance parole if you are in valid status, ie if you are going the AOS path. Advance parole is only a re-entry permit. A valid H1 and I-94 is valid for multiple entries in to the country.
PS: I am not an attorney.

[kw177]

Re: Is it possible to file AOS after filing for CP? Please

Not Legal Advie:

>you do NOT need an advance parole if your H1 Visa is valid

AND you are still in H1 Status. If you stay after the date on the I-94 or work in any other job (in addition to or in place of your current H1 job) then you will need to use the EAD and you will need the AP to return to US if you go out of the country.

Also this poster never stated what Visa he/she is currently on.

As for AP being a reentry permit you can exit and reneter the US multiple time on a single AP. You do not
have to apply for a new one each time before you leave (unlike reentry permits). You only need to renew it when it expires (you must be in the US to do this though - if it expires wile you are outside US you are screwed).

Applying for EAD/AP while you have valid H1 has no effect on either the H1 or you AOS appliation. Everyone I know in valid H1 status still got the EAD/AP as a matter of course.