CP after EAD

[secry]

Dear Immihelp/Others:

Under the "Mumbai ACP Question" topic there is some discussion that doing CP after having received EAD is considered illegal by the consulate (location ?). I am not sure how valid this argument is.

In my case, I was not aware of CP until my lawyer had filed for 485 & EAD. Then we decided to take the I824 route to CP, to save time. Now is this scenario going to present a problem at the time of my interview?

I am sure there must be others who are in a similar situation.

Can you please post your opinion on this?

Thanks for your time/input.

[vfpeter]

Secry,

I am not aware of this clause, but assume what they say might be true. Anyway, lets see if immihelp knows about this.

vfpeter.

[vfpeter]

yor case appears similar to aditi.

[bd850]

I dont think its illegal. But as per recent announcement by the INS if you go the CP route then your 485 is considered abandoned. If your 6 yrs H-1 has expired and you are using EAD and your I-824 gets approved, then your 485 is considered abandoned. I'm not sure then, if you could go on using your EAD. But if you have your valid H1 then you should be fine...

Lets see if Immihelp can help out....

[secry]

Thanks vfp!

I did take a look at that thread. I have requested the person who raised this issue to share any legal implication that he might be aware of. As soon it becomes available I'll try to post it here. Or else, if you are monitoring it, feel free to do the same.

If user aditi is reading this, kindly post a contact email so that we can clarify our position. Thanks.

[immihelp]

Even if you have applied I-485 and received EAD, if you go through AC I-140, you should have no problem.

If you go through I-824, and INS comes back to you asking you to withdraw either I-485 or I-824, then you have to choose between 2. If you choose I-485, no complication. If you choose I-824, your I-485 (and hence EAD) would be considered cancelled/abandoned. So now if your H1 has expired, you can't stay here in US and wait for interview in US. You would have to leave. If your H1 has not expired and you are on valid non-immigrant visa here, you can stay here and just 485/EAD are cancelled and you are not affected otherwise.

If INS does not come back and just approves I-824, you are fine.

I hope this clarifies the situation.