changing to CP

[csch1wait]

how long for cp process
My husband just got his I140 approved. Initially he was suppose to file for AOS concurrently, but his company was bought over by another company and the new comapny would not file amended I140 since his salary was less than the one in LC. Hence his lawyers could not file for 485.

Now his old I140 got approved and I was wondering if we can go the CP path using his I140. (note that meanwhile I have applied for I140/485 concurrently at VSC and have already received EAD and AP for myself and my husband)

How long it will take if we go for CP to get an inteview at Mumbai cosulate if we start now. Do we need anything from his current company given that the I140 is from his previous company. Can we do it on our own?

I have read about AC140, can we use this?

I really appreciate any response. I am desperate that we got GC through him, so that I can be free to leave my job given that we just had a baby.

Thanks

 

[NYB]

Hi I have applied for AOS but would like to change to CP too. The below is my layman understanding and research on this.

I just read a note in the CP section by Mr. Rajiv Khanna stating that once I824 is applied, BCIS would consider it as abondonning AOS, so that is a drawback. But I believe from what other people have written, you could apply for ACI140 with a copy of receipt of I824 but the Embassy in Mumbai should accept your ACI140 (application on grounds of hardship). If they do then you are looking a consderably shorter peroid of time. If not, then you have to wait for your I824 getting approved and that it seems has a pretty long turnaround time and from the above note by Mr. Khanna you cannot choose to go back to AOS. (If my understanding of the process is wrong please correct me, as this will also enable me rightly evaluate the route I would like to take.)

Also depending on whose I140 you are using you would need an employment letter. For more information on that you can check www.immihelp.com.