Starting CP processing while approching the 6yr H1

[raj1234]

Hi,

I just received my I140 approval for Consular Processing but unfortunately I have only 5 months on my 6 year H1 limit. Mine is an EB2 category and my priority date is Nov 13th, 1999 (not current yet but hopefully soon). I came to know after reading sevral postings on this newsgroup that it would take about 4 to 5 months to reach the CP interview stage once your 140 is approved and assuming that the priority date remains current.
Now, My question is, can I file for I485 instead of CP when my priority date becomes current so that I get to stay here legally past my H1 limit and I don't have to be bothered by the possible retrogression of the PD after filing my I485.

ImmiHelp, Please help.

regards.

[nscwait]

Starting CP processing while approching the 6yr H1

answering your question "can I file for I485 instead of CP when my priority date becomes current so that I get to stay here legally past my H1 limit and I don't have to be bothered by the possible retrogression of the PD after filing my I485."

yes you can and looking at your situation I think you should.

My 140 was approved for CP processing (and I was not even aware of it till I saw the approval notice when I was filing my AC140). I guess the lawyer just used the approval notice and filed the 485 and "somehow" the files get transferred from NVC back to INS. I remember reading this process recently on some site (may be Ron Gotcher).

I know it adds to the expenses - filing fees, medical, etc. but if you are depending on dates getting current, NVC sending the files to the consulate, waiting for an interview date, etc. - you might be cutting too close. (I'm not too sure about time-line for CP thru NVC).


One can never be sure about these priority dates. File 485 and EAD as soon as your dates get current. You need the EAD card (not just the approval notice) to continue working after the 6 year limit and from what I hear, NSC takes around 3 months to get the EAD card from Notice Date. So better start working on your medicals and whatever is need for 485 ASAP.

give it a couple of months (to show that you are not abusing the system) and then file the AC140.

Hope that helps.

[raj1234]

Starting CP processing while approching the 6yr H1

Thanks nscwait for your reply.

I also talked to the attorney and he too is suggesting to take the I485 way.

Appreciate your reply.
-raj123