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CP or AOS and Status of beneficiary present in US.

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  • CP or AOS and Status of beneficiary present in US.

    Sir,
    I found this very interesting and useful.
    I would like to know weather I can file my adjustment of status as to consular filing instead of 485 filing.

    I have my 140 approved in 2005 and priority date is April 30, 2001(current 2001 april22nd). Even though my H-1 extended up to November 2006,I am out of status now as presently I am not earning salary.

    I reached US in 2000 on B-1 and my H-1B approved from here. My wife came here in 2002 on dependent visa from Chennai Consulate; India. and kids are still in India.

    (One of my friend filed for LC in 2001 April 30 for employment based third category as skilled Manager (EB3) for his Garment store in New York city and "substituted" it for my wife who was on H-4 status that time and our 140 approved in 2005, including for my children in India.)

    So my question is that:

    (1) Is it possible to file CP (Consulate Processing) for my wife? (Considering my H-1 out of status)

    (2) Do I am eligible for 245 (i)? ( I entered US in 2000)

    (3) Do I need to attend interview with my documents (as beneficiary) at USCIS or Consulate?

    Regarding my status, my employer is out of business now. (Applicant is my wife, who is on H-4 and her employer ready to give any documents or pay stub.)
    I own a three year old company which doing trading business and if you suggest, I can file H-1 for me with that Llc.

    My question may be typical or repeated but any of yours expert advise/experience will be highly appreciated in this critical time.


    Thanking you so much.

    Regards
    Nani

  • #2
    Sir,
    I found this very interesting and useful.
    I would like to know weather I can file my adjustment of status as to consular filing instead of 485 filing.

    I have my 140 approved in 2005 and priority date is April 30, 2001(current 2001 april22nd). Even though my H-1 extended up to November 2006,I am out of status now as presently I am not earning salary.

    I reached US in 2000 on B-1 and my H-1B approved from here. My wife came here in 2002 on dependent visa from Chennai Consulate; India. and kids are still in India.

    (One of my friend filed for LC in 2001 April 30 for employment based third category as skilled Manager (EB3) for his Garment store in New York city and "substituted" it for my wife who was on H-4 status that time and our 140 approved in 2005, including for my children in India.)

    So my question is that:

    (1) Is it possible to file CP (Consulate Processing) for my wife? (Considering my H-1 out of status)

    (2) Do I am eligible for 245 (i)? ( I entered US in 2000)

    (3) Do I need to attend interview with my documents (as beneficiary) at USCIS or Consulate?

    Regarding my status, my employer is out of business now. (Applicant is my wife, who is on H-4 and her employer ready to give any documents or pay stub.)
    I own a three year old company which doing trading business and if you suggest, I can file H-1 for me with that Llc.

    My question may be typical or repeated but any of yours expert advise/experience will be highly appreciated in this critical time.


    Thanking you so much.

    Regards
    Nani

    Comment


    • #3
      Please any one can help me with some advice?
      Thanks

      Comment


      • #4
        First of all, I don't know much about employment based adjustemnt of status, but I do find some info you provided confusing:
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by nani:
        Regarding my status, my employer is out of business now. (Applicant is my wife, who is on H-4 and her employer ready to give any documents or pay stub.)
        </div></BLOCKQUOTE>

        How can your wife on H-4 be employed? Or am I missing something?

        Comment


        • #5
          Thank you so much Aneri.
          Waiting for your info.

          Comment

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