changing from 485 to Attorney Certified CP

A

asimraja

Registered Users (C)
Hi,

I filed for I-1485 about a year ago and have been waiting for its approval.

Due to the slow processing speed, I am seriously thinking about switching to Attorney Certified Counselar Processing. I'd appreciate if someone can answer my questions.

I understand that it is different from regular Counselar Processing in that the application is sent directly to the specified consulate (instead of going through the National Immigration Centers) and the applicant receives a 3.5 package. The processing time is less than a month or so.

I would like to know if this is an option for me. I have been sponsor by my employer. I was on H1b for less than three years and then went out of the country and entered using my AP and EAD (work permit). Now, my H1 has expired more than a year ago and I'm now working on AP and EAD. Is it possible for me to pursue the Attorney Certified CP? Is there something I should be worried about? What are the issues and concerns?

It seems like hardly anyone is aware of the Attorney Certified CP and most fo the people go for the regular CP option.

Thank you in advance for any or all responses.
 
Asimraja,

We applied for AC140 in January and are still waiting for the interview in Mumbai Consulate.
To apply for AC140 you will have to apply for I-824 and send your AC140 package to your home consulate with I-824 receipt. Not all consulates accept AC140.
Also it definitely takes more than a month for this whole process. Depending on various factors, it can take 4-5 months to get the interview from the time you file I-824. It is still much faster than I-485.
You can get more information at
http://www.immihelp.com/gc/consular/ac140.html

I don't think being on EAD and AP should be a problem. I have read similar cases on this forum who have succesfully done CP thru AC140.

Ash
 
Last edited by a moderator:
asimraja:

What consulate do you fall under? Coz only certain consulates accept AC I-140 process else you will need to wait until I-824 approval and then follow the standard CP process via NVC.
 
By being on EAD/AP also can we file certified I140??, Don't you thik we have to cancel I485?? In order to change from pending 485 to CP process??
 
When your 824 is recd. your 485 is legally considered abandoned. I don't know what is the status of your EAD/AP then. But I would think, you would need to maintain your H status then.
 
When you file for 824, Can we apply for our own application or its mandatory to apply for the dependent also??..How may months it will take for the 824 to be approved.....Do we have to leave in the US or we can be in india for one year or 6 months??
 
quick question

Can anybody choose attorney certified CP ?
Are there any strict rules that one must follow ?
Can we site current GC backlog with INS, a reason
for choosing AC CP ?

regards,
 
When your 824 is recd. your 485 is legally considered abandoned. I don't know what is the status of your EAD/AP then. But I would think, you would need to maintain your H status then.
 
Re: quick question

Originally posted by vinodatldol
Can anybody choose attorney certified CP ?
Are there any strict rules that one must follow ?
Can we site current GC backlog with INS, a reason
for choosing AC CP ?

regards,
Click to expand...

If you have applied for CP option in your 140 (aka normal CP route), you cannot apply for AC140.
Changing for AOS to CP you must (in general) show some form of harship if you go for AOS (e.g., no promotions - do your own research) and the US consulate to which your jurisdction falls under should be accepting AC140. Some cons. will accept AC140 with the rct. of 824, i.e. do not need for 6-8 mos. for 824 to get approved. Some might want 824 approval.
 
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