confused CP vs AOS

[Deepesh Jiwani]

Hi all,
My GC processing so far is going smooth. Thanks to the almighty. My case was filed under EB3 Category. Sometime in May, this year we were ready to file my I-140. I asked my attorney whether she is filing for CP or AOS. She said we will file it in AOS. August 24th a Week before the Labor Day, She called telling me my I-140 is approved. GOSH---too soon for it-- anyways read a lot about CP and NVC. I got my approval in hand today and I read that it states the package has been approved and papers are sent to NVC in NH.

Is my Case CP or AOS?

I asked my attorney about this and she said there are 2 things, they keep consular procesing open for 2 yrs just in case if something goes wrong with the AOS processing. Can someone put some Light into it please.

I read somewhere, that my file can be only at one place either with Consulate in respective country or with the INS here. In such scenario how can she say it stays open for 2 yrs and we are filing it in AOS.

Please help GURUS... Any help is appreciated
Thank you
Deepesh

 

[Indian_at_texas]

CP Vs AOS

As far As I know this is what your attorney might be saying.

Your I-140 is approved for filing as AOS (forwared to NY. If filed as CP, it should read the Consultate abroad).

It is open for two yrs means, you can apply for CP processing within next two yrs which will automatically cancel your AOS processing. You can file in AOS and later if you change your mind, you can transfer your application to CP (it has to be fresh - meaning waiting time in AOS is waste).

Hope it clears your question. check with your attorney