from 485 to CP

[aajoshi]

Hi gurus, I have a question for all gurus.

Since the 485 process is taking longer than ever with each passing month, I want to explore the CP option after I-140 approval in EB-1C category.

Is it possible to change to CP after being in the 485 process for over 6 months? My spouse has already started using the EAD and will that cause any problem?

Also can someone tell me if we need to get PCC from India, USA, UK, Fiji and New Zealand for the CP in India??

Thanks in advance...

 

[SunnyJ]

Asking the same question

I think it is best that you contact your lawers. You have to file a 824 for it.

 

[Raju595]

485 to CP

Consider the following.

You have already attained 6 months seniority in 485 process.
The filing and approval of 824 takes few months ( I am not sure
but some consulates may accept the mere fact of filing the 824).
The the actual CP process takes 6 to 8 months.

So, if you count all this delay, then you may find that switching now, is not so beneficial.

Based on the Consultate you have to go to, discuss the possibility of going for AC 140, with your attorney.

If you have stayed in each of these places for 6 months or more, you need to get Police Clearance from there.

India: If you are currently living in US , then you need to get the
PCC by applying to the nearest Consulate.

USA: You do not need Police Clearance from USA.

Check about other places.

Raju

 

[aajoshi]

AC-140?

Thanks.

MY I-140 was approved on Jan 13th. So do I still need to file I-824 to change to CP or use AC-140?

Has anyone used the following procedure listed on the Mumbai consulate website?

Thanks in Advance

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How do I request consular processing of a pending employment-based case?

On a case-by-case basis, the U.S. Consulate General in Mumbai is accepting employment-based immigrant visa cases for processing when all the following conditions are met:

INS has already approved an E1 or E2 category immigrant visa petition and the applicant has an original I-797 form,
the applicant is a resident of the Mumbai or Calcutta consular districts,
the priority date of the case is current or could reasonably be expected to be current within 60 days (we will not warehouse non-current cases),
waiting for the INS to process the change-of-status application would cause the applicant hardship,
the applicant has copies of all pages that made up the original immigrant visa petition,
there does not appear to be any indication that the case is fraudulent,
I-824 Fee Receipt required.
If you believe that your case meets these conditions, forward copies of your I-140 paperwork to the Immigrant Visa Unit, U.S. Consulate General, 78 Bhulabhai Desai Rd., Mumbai 400026 India with:

the original I-797 Notice of Approval Form
complete forms OF-169 and OF-230, part 1
an e-mail address where we can contact the attorney with confirmation that we have accepted the case
DO NOT send any submissions to any officer or employee by name. Doing so mixes business with personal mail and results in lost paperwork when officers transfer.

We are accepting E3 cases that meet the above conditions on a more limited basis, where it is clear that the applicant is highly skilled. We would accord precedence to applicants who have already received H1-b visas in the same profession or for the same employer.

NOTE: This procedure only applies in change-of-status cases. If INS has approved an employment-based petition and you had asked from the beginning to apply for the visa in Mumbai, then we must wait for the case to arrive from the National Visa Center.
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