Changing from I 485 to Consular Processing.

T

texancanadian

Registered Users (C)
I am an EB3 India applicant with a PD of August 2001. I have made firm decision of moving to Canada by Jan 2008 if my PD is not current and I cant file I 485 by then. My company is willing to continue the process for me. However when filing I 140 company requested Adjustment of status in US. How easy would it be change to Consular Processing ? My I 140 has already been approved
 
Afaik, if you already filed I485 (AOS) you will have to withdraw it and refile CP based on the same I140 after your PD becomes current.

Good luck man. I'm thinking about going back to Canada too regardless whether my employer will continue sponsoring my EBGC or not.

texancanadian said:
I am an EB3 India applicant with a PD of August 2001. I have made firm decision of moving to Canada by Jan 2008 if my PD is not current and I cant file I 485 by then. My company is willing to continue the process for me. However when filing I 140 company requested Adjustment of status in US. How easy would it be change to Consular Processing ? My I 140 has already been approved
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File I824

I am in the same boat and discussed this option with my lawyer.
You do not have to recall your I485, you just file I824 which tells USIC to inform the so and so consular office that your I485 has been approved. Then you will have to go for an inteview at the consular office and present a letter from your employer that they kept your position available and will hire you back.
 
Does anyone know if Consular processing makes things faster after the PD becomes current ? It used to be a lot faster earlier.But offlate even CP has becoming slow becuase of the heavy load the folks back in Indian consulates are facing.

I am in the same boat.But my PD is Dec 2002 in EB3.How long should I wait after the PD becomes current(god knows when).What are time differences in Adj of Status and CP ?

My lawyer told me that it is just a matter of filing an 824 document.But one caution is that - This 824 is a very low priority process in USCIS it seems.It might take anytime between 6-10 months for this 824 process.This process changes you proceiing from AOS to CP.
 
If you already have EAD on your possession, what happens if you file that I-824 to change from AOS to CP ? I guess that would invalidate the EAD right away ?
 
Valid point

Not necessarily. I don't think that opting for CP would make an EAD void. It only means that the adjustment will happen abroad in a consulate and not US.

It would be better to check with an attorney on repurcussions before deciding as logically EAD and CP cannot co-exist. Since it is USCIS, there is no need to apply logic
 
Consular Processing is subject to the very same cut-off dates, right ? In my case that change wouldn't help then.
EB3 World.

Arvind_I140 said:
Not necessarily. I don't think that opting for CP would make an EAD void. It only means that the adjustment will happen abroad in a consulate and not US.

It would be better to check with an attorney on repurcussions before deciding as logically EAD and CP cannot co-exist. Since it is USCIS, there is no need to apply logic
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What if

I join a company that transfers me to India. In my condition I140 is approved, I485 applied more than an year ago. PD is Nov. 2001. I'm thinking of joining a company with presence in both India and USA and it will require me to work in India for a while. If the company is ready to file AC21 can I also change to CP ?
 
Cp

marlon2006 said:
Consular Processing is subject to the very same cut-off dates, right ? In my case that change wouldn't help then.
EB3 World.
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In my case I am not really worried about cut off dates. I would like to go back to India but if it is possible to continue the process even while being there then it's Godsend for me.
 
Arvind_I140 said:
Not necessarily. I don't think that opting for CP would make an EAD void. It only means that the adjustment will happen abroad in a consulate and not US.
Click to expand...
If you go to the top page of immigration portal, scroll down to consular processing, there is a note as below.

Note from Rajiv: INS has indicated that it will consider an I-485 to have been abandoned if an I-824 requesting Consular Processing is received by them. This is bad news. So far we have been processing consular processing cases hoping that I....

As I485 is not valid, EAD might be considered invalid.
 
GotPr/TexanCanadian,

My company is willing to continue my GC too (I quit last week) while I go to Canada to pursue full-time study - the lawyer said I don't have to be in the country to continue the GC process (I have my I-140 approved)..but while reading other posts, it seems like one has to be present in the country to file for I-485 - so is the lawyer wrong or was she probably indicating the CP route?

TC, where in Canada ru headed to?
 
Puhrince,
My I 485 has not been filed as yet because of retro so I guess we can directly file for CP. I am sure there is a way to do it, at worst they will just scrap your I 485 application and you will have to apply your CP from scratch.

I still have time to move. I am planning on it in the last qtr of 2007 if these dates dont move. My move will be to the Toronto area because thats where my Company has most of its staff located in Canada.
 
well I had chosen CP (fortunately or unfortunately) when i filed for I-140..but now I don't want to travel back home for this, I'd rather just file I-485..this is an easier conversion bcos no I-824 is needed, apparently one has to just indicate change of mind - they send the papers across..but I need to know if I have to be present in US..

I am headed to Univ of Toronto for MBA this Fall - I can stay behind here and study but I found out that once I-140 is approved, one can't get change of status for F1..other option is H4, which rules out internships for me..and anyways UT is ranked pretty good, so I am off to enjoy city life and public transportation!
 
My understanding was that you can go ahead and apply for CP. They even go ahead and finish the processing at the National Visa Center. However they will only forward the file to the consulate after PD becomes current.
 
From what my lawyer says below, it dosen't seem like it happens that way:

"CP cases sit like adjustment cases and are not "worked" unless it looks
like they can be decided in a reasonable period of time. If a PD looks
like it might become current within a few months, the case is worked by
NVC and potentially transferred to the consulate for scheduling."
 
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