1。我和太太都有EAD,且我太太（副申請人）用EAD工作，如我回國，她是否可用EAD繼續留下來工作？
-When you change your AOS to CP, that means you give up I-485 and thus, as a dependent, all your wife's I-485, EAD, AP will be invalid. Therefore, Your wife can not stay legally in U.S. unless she can maintain her status by herself.
2。如果遞交CP申請，何時遞交，我們打算一月回國，是在美國遞交還是回中國後再交？如在美國遞交，是否意味著AP，EAD等馬上失效。
-No matter where you file the change of I-485 to CP, that 意味著AP，EAD等馬上失效.
I copy the following section from: http://www.murthy.com/news/n_revdeb.html
Applicant May Change from CP to AOS; or Vice Versa
©MurthyDotCom
It is important to note that selecting AOS or CP on Form I-140 does not lock an applicant to that process. One who selects CP may later decide to file the I-485 and may do so without any sort of permission or extra form. These, generally, go fairly smoothly and there have been times when changes in the law have resulted in large numbers of people changing from consular processing to AOS. There is some risk of problems in these cases, particularly in certain very old cases, but these are very limited.
©MurthyDotCom
The process of changing from AOS to CP is more difficult, but it is possible, if needed. In such cases, it is necessary to file Form I-824, Application for Action on Approved Petition, after the I-140 is approved. This notifies the USCIS to transfer the file to the consulate. While I-824 processing times have improved, historically they have taken a very long time. It is sometimes possible to process a CP case prior to the I-824 approval (as an attorney-certified I-140 case), but this is not available for all cases.
Copyright © 2006, MURTHY LAW FIRM. All Rights Reserved
-When you change your AOS to CP, that means you give up I-485 and thus, as a dependent, all your wife's I-485, EAD, AP will be invalid. Therefore, Your wife can not stay legally in U.S. unless she can maintain her status by herself.
2。如果遞交CP申請，何時遞交，我們打算一月回國，是在美國遞交還是回中國後再交？如在美國遞交，是否意味著AP，EAD等馬上失效。
-No matter where you file the change of I-485 to CP, that 意味著AP，EAD等馬上失效.
I copy the following section from: http://www.murthy.com/news/n_revdeb.html
Applicant May Change from CP to AOS; or Vice Versa
©MurthyDotCom
It is important to note that selecting AOS or CP on Form I-140 does not lock an applicant to that process. One who selects CP may later decide to file the I-485 and may do so without any sort of permission or extra form. These, generally, go fairly smoothly and there have been times when changes in the law have resulted in large numbers of people changing from consular processing to AOS. There is some risk of problems in these cases, particularly in certain very old cases, but these are very limited.
©MurthyDotCom
The process of changing from AOS to CP is more difficult, but it is possible, if needed. In such cases, it is necessary to file Form I-824, Application for Action on Approved Petition, after the I-140 is approved. This notifies the USCIS to transfer the file to the consulate. While I-824 processing times have improved, historically they have taken a very long time. It is sometimes possible to process a CP case prior to the I-824 approval (as an attorney-certified I-140 case), but this is not available for all cases.
Copyright © 2006, MURTHY LAW FIRM. All Rights Reserved
選擇“Disable on www.wenxuecity.com”
選擇“don't run on pages on this domain”
