Changing CP to I-485

asimraja

Registered Users (C)
Hi,

My Green Card case is in I-140 stage with Counsellar Processing option. With the new change that makes it possible to file I-140 simultaneously with I-485, I'm pondering to change my I-140 application from Counsellar Processing to I-485. With regards to that, I have a few questions and I'd appreciate if you can answer them. This will help me make an informed decision.

- To amend my application I-140 (Counsellar Processing) to I-140 (I-485 option), what forms do I need to file?
- If a form does need to be filed, do I need to wait for some notification from INS before I can file I-485 afterwards?
- You are probably aware of the six month rule of I-485. For my case, will six months be counted from the date I-485 is filed or is that dependent upon the approval of I-140 as well?
- Usually how much time does it take to get travel documents after filing I-485? As my case is slightly different, do I need to wait for approval of I-140 before I get travel documents?

I hope I haven't asked too many questions. Please provide your input and I'd really appreciate it.
 
Oh, okay, thanks for the tip. I'll do that as well. But if someone else can answer my questions, I'd appreciate as well.
 
hello dineshgk

i have heard about people mentioning about Ron-Gotcher, attorney @ law.

does he anser the queries/questions free of cost. How many questions will he answer freee of cost.

--localMadras

Originally posted by dineshgk
You better post your question to Ron Gotcher and he is very prompt in replying.

You just have to register on his website www.immigration-information.com
 
Just register. And he will answer any of your questions. But mind you, he does not reply if you mention that your case is currently being processed by some other Attorney. In that case he would reply saying that you contact your Attorney for your specific case.
 
asimraja ...

You do not need to fill any form to switch to AOS. Just file the I-485 application with a covering letter stating u want to go for AOS.

Currently the new process of simultaneous I-140 and 485 is pretty much in the air, therefore it cannot be assumed that 6 months period starts from the time I-140 and I-485 are filed ....

Also the concurrently filed cases are held up until these policy issues are resolved at the INS HQ, except the cases which are denied on the grounds of IBIS hit or frivolous nature of I-140 filing, in which cases both I-140 and I-485 are returned to the applicant with the notice of denial.

When I-140 petition had already been filed at the time the concurrent filing regulation was released and I-485 application is filed afterwards with the Receipt Notice of I-140, some offices pull out the pending I-140 petition and keep it with the I-485 applications to await the HQ decision. Thus the I-140 petition which could have been adjudicated unless I-485 is filed as a concurrent filing appears to be held up pending the policy decision.

Thus if I were you, I would wait for the I-140 to be cleared and then file 485, unless u have the urgency to get an EAD or AP and do not care much about the time to get the 485 approved ...
 
Top