AOS to CP

L

longwait4gc

New Member
I concurrently filed for I140 and I485. RD is Sep 15 2003. EAD and AP were approved in Jan 20.

I140 approval is not yet done and will likely take another 3-4 months.

I want to switch to CP instead of waiting indefinitely for AOS.

I understand that I824 form can be filed to change from AOS to CP once I140 is approved.

1. Can I do it now before the approval? Is it is a different process/form? Would it be some kind of amendment to the original petition?

Also if I824 can be filed only after approval of I140, with the dates in CSC for processing I824 at Jan 2003, it looks like it would take more time for the switch to CP than AOS itself. Is that right?

2. Is the only option in this case to use AC140 using the receipt notice of I824? How safe is this.

3. Does the AOS application continue until I824 is decided?

Thanks
 
Last edited by a moderator:
Originally posted by longwait4gc
I concurrently filed for I140 and I485. RD is Sep 15 2003. EAD and AP were approved in Jan 20.

I140 approval is not yet done and will likely take another 3-4 months.

I want to switch to CP instead of waiting indefinitely for AOS.

{You can do this}

I understand that I824 form can be filed to change from AOS to CP once I140 is approved.

{Yes}

1. Can I do it now before the approval? Is it is a different process/form? Would it be some kind of amendment to the original petition?

{I am not sure whether you can file I-824 before the I-140
approval, but I think you cannot}

Also if I824 can be filed only after approval of I140, with the dates in CSC for processing I824 at Jan 2003, it looks like it would take more time for the switch to CP than AOS itself. Is that right?

{If you are able to go AC140 route you don't have to worry
about the delay for approval of I-824}

2. Is the only option in this case to use AC140 using the receipt notice of I824? How safe is this.

{Depends on the consulate you are going to. For example
Chennai does not accept AC140 cases}

3. Does the AOS application continue until I824 is decided?

{Yes}

Thanks
Click to expand...

{my responses}

Raju
 
longwait4gc:

Just want confirm that one cannot file I-824 prior to approval of I-140.

BTW...what consulate would you be eligible for? Once you tell us once of us can tell you whether that consulate accepts AC I-140!
 
I will come under Chennai consulate. immihelp has chennai as one of the consulates that accepts AC140. Has that changed?

Since I824 can be used only after approval of I140, is there any other form/procedure to amend the original I140 petition before it is looked at to indicate use of CP instead AOS?
 
longwait4gc:

Unfortunately Chennai does not accept AC I-140 cases. Chennai consulate requires I-824 approval. I have also read about that article on immihelp.com but that is not true!

Unless it was a mistake on the part of BCIS there is no way to change AOS to CP prior to I-140 approval. Change is possible only if you had indicated CP and BCIS by mistake changed it to AOS.
 
Form I-824

I have my 140 approved but now I would like to switch to CP. I understand I will have to apply for 824. My question to the forum is
1. How long is 824 taking lately for Vermont.
2. Do I have to wait for 824 to be approved before proceeding with the rest of the process or anything can be done in parallel.
3. What are the next steps in the process for CP.

Thanks.
 
gcbad:

1. How long is 824 taking lately for Vermont.
Answer: About 12-18 months for I-824 approval @VSC

2. Do I have to wait for 824 to be approved before proceeding with the rest of the process or anything can be done in parallel.
Answer: If your consulate accepts AC I-140 then you need not wait for I-824 approval. If AC I-140 is acccepted then based on I-824 RECEIPT your attorneys can file the AC I-140 papers with the consulate. What is your consulate? If AC I-140 is not accepted then you will haev to wait for I-824 approval before you can proceed with CP steps!

3. What are the next steps in the process for CP.
Answer: Refer http://www.cptracker.com

Let us know What is your consulate so that we can tell you if that consulate accepts AC I-140!
 
I-824

Thanks for your response, really appreciate your help.
I will be applying at the Mumbai consulate which I believe accepts AC140 applications.
My question to you in case of AC 140 is what are the eligibility criteria for AC 140. Is it too difficult to prove the conditions for AC 140.

Further details about my case. I am currently on EAD through my wife's AOS processing. Will this CP adversely affect my AOS case. Will I be able to return to US on Parole visa if anything goes wrong with the CP.

Thanks again.
 
AC140 @ Mumbai

gcbad

Check the Mumbai Consulate website FAQs for immigrant visas which has AC 140 criteria. It mentions that one can apply for consular processing if waiting for AOS will cause the applicant hardship. However, my attorney did not mention anything about hardship and the consulate accepted my case. I was on H1 though and the stamp in my passport was valid.

I am not aware of the impact on EAD if you now change to CP.

KAT02
 
gcbad:

My question to you in case of AC 140 is what are the eligibility criteria for AC 140. Is it too difficult to prove the conditions for AC 140.
Answer: As long as you are eligible for Mumbai consulate and you file all necessary papers as listed on this site
(http://www.immihelp.com/gc/consular/ac140.html) you should be in good shape!
----------------------------------------------------------------------------------
Further details about my case. I am currently on EAD through my wife's AOS processing. Will this CP adversely affect my AOS case. Will I be able to return to US on Parole visa if anything goes wrong with the CP.
Answer: Your 485/ EAD will get terminated only when the letter issued by USCIS is signed and returned to them. USCIS is taking 6+ months after I-824 submission to issue this letter by which you will already haev the interview. Hence it does not affect your 485/ EAD. But if your CP interview is unsuccessful (which is extremely rare), then one cannot return to usa since all non-immigrant visas are cancelled. Also you mentioned that your wife is the primary on your GC case which also means she has to do get GC prior to you which also in turn means that you both have to do CP or she does CP and you do AOS. If you are derivative then you cannot get GC prior to primary!
 
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