Changing from CP to I-485 is it simple?

[ImmPortal]

Hi,

I am applying for I-140 and need to choose CP or 485.

Main reason to choose CP is that it is quicker. But if I decide to switch to 485 later

a) is it possible before I140 pending ?
b) is it possible after I-140 approved?

My lawyer mentioned that there some form required but that form has one year wait.

Also, just like the 485 stopped moving, is it possible for CP also to take 2 years in future?

Thanks.

 

[imihelp]

You can always file a petition to adjust status(I485), while in the US, as long as you have a valid non-frivolous Immmigrant visa petition(I-130 or I-140) approved/filed with the BCIS. If the petition has already been approved and the file moved to NVC/Consulate, BCIS will request the file back.

 

[ImmPortal]

Thanks.

It seems if I want to change cp to 485 after I140 is approved, I need to file I-824 which takes another year! so if switch is required, better to do before I-140 is approved.

 

[nkm-oct23]

Originally posted by ImmPortal
Thanks.

It seems if I want to change cp to 485 after I140 is approved, I need to file I-824 which takes another year! so if switch is required, better to do before I-140 is approved.

NO! You do not need to file I-824 if you are changing from CP option to AOS option. It is required only for AOS to CP option.

You can switch to AOS any time by simply filing I-485.

 

[ImmPortal]

Hi nkm,

thats good news. I decided to go with CP today. Hopefully I don't need to switch to 485. Who knows CP queue might suddenly stop moving just like the 485 queue.