can CP be converted into AOS ???????

[prashantsharma1]

Experts,

Unfortunately, I chose CP in June, 2007 to go for green card. My priority date is June 2004, EB2 category, which is unavailable now. Please help me and update, if I could change to AOS from CP since there is no way of getting any EAD and all. Is there any way CP applicant can initiate AC 21.

Thanks

Sometime you make bad decisions and worst part is that you can't revert them back.

 

[Jackolantern]

Yes you can convert to AOS by filing an I-485. But your PD has to be current. You should start preparing the documents necessary for I-485 including the medical exam, in case they open up the dates sometime in the July-September timeframe.

But what was the thought process that led to choosing CP, in this era of retrogression? Last summer when you could have filed the I-485, did you lack understanding of priority dates and retrogression and how it affects CP? Did you get bad advice?

I don't think AC21 applies to CP, but I am not sure about that. The AC21 law itself explicitly refers only to pending adjustment of status, so for it to be allowed for CP, it would require a generous interpretation by USCIS.