Can I Change AOS to CP

A

Azbio

Registered Users (C)
Hi all,
I am on TN visa and have filed I-140 under NIW. Today, I got the file from my attorney and found that he selected AOS and not CP even I asked to him select AOS. I have not spoken to him on this issue yet but my question is
Can I request USCIS to change my I-140 from AOS to CP and if so what form I have to file.
I am not taking help from my attorney as I am upset and will not get him anymore.

My 2nd question is

Should I make this change or let it go.

What I understood from the forum that if I cross the boarder then IO might stop me from entering to US even I have valid TN but pending I-140 with AOS checked on it.

Any advise or suggestions on it?

Thanks
 
I wouldn't bother changing at this point. Wait until approval if you must. The choice you indicate on your I-140 has no bearing on how you will be treated at the border. If, by some fluke, you are denied entry on TN becuase of having filed an I-140 (which would be wrong), you can always request CP when your I-140 is approved, by filing a form I-824.

To repeat, having chosen one way or another on your I-140, will not hurt or assist you should you come up against a CBP officer that will deny you entry. Having checked AOS does not mean you have proceeded with AOS, until you actually file AOS.

Requesting some modification to your pending I-140 can only delay it.
 
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