AOS to CP while I-140 pending

[imwatcher123]

CP gurus: If your consulate does not accept AC I-140, but you have made the choice of AOS in your I-140 which is still pending. Now you want to go for CP. Can you send a request letter to BCIS asking them to change from AOS to CP so you do not have to go through I-824. Has anybody done that? Did it work? Thanks.

 

[jigesh]

Can you send a request letter to BCIS asking them to change from AOS to CP so you do not have to go through I-824. Has anybody done that?

No personal experience, but my guess would be that it won't be possible without I-824.

Earlier, for duplicate approval notices, one merely needed to call the erstwhile INS - now one must file I-824 even if original approval notice got lost in mail! I know this analogy is not pertinent with your question, but I just wanted to emphasize that plain written requests are highly unlikely to work favorably with the BCIS.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.

 

[kd1403]

I concur with jigesh. The only reason BCIS will change your process to CP is if your requested CP on your I-140 form and BCIS made an error and changed it to AOS. Otherwise the only route is I-824 approval and then regular CP at consulate that do not accept AC I-140 process!