From I-485 to CP

G

GC AWAITER

Registered Users (C)
Hello Friends,

I am planning to switch from I-485 (ridiculous) to CP? Unless some miracle happens at TSC.

I have travelled once on Advanced Parole, have an EAD but never used it, have a valid H1 for myself and H4 for my wife? I understand INS will scrape our i-485 applications once we apply for CP.

Any feedback will be appreciated.

Thank You all.
 
No Title

Hi GC Awaiter,
I think you first need to apply for I-824 to change from AOS to CP if your I-140 was approved for AOS.

KP
 
patels of the world are generally right.:))..

U cannot pursue both 485 and Cp based on a 140 approval...
 
you might want to check whether ur consulate does AC-140 and

accepts I-824 receipts for AC-140 ..if it does then you should get ur GC in ~4 months ....
 
AOS to CP

GC AWAITER,
I was exactly in the same boat 4/5 months ago but the only difference in your and mine case is that I did not apply for 485 and simply changed from AOS to CP with AC140 option. It took me exactly 4 months and everything was very smooth. You can read my recent post under consular processing where I have written in detail about my AC140 case.
Talk to your lawyer and see if you still can file AC140 as that is a way to go especially if you are with a center like texas like me. For me, my labor took 3 years, 7 months for I-140 and then simply 4 months for AC140. But I guess, once you file for CP then your 485 application will be abandoned so check on that one too before you take any final decision. And for AC140 you have to send your original I-140 to consulate, I am not sure if your original I-140 is gone towards your 485 application because if that is the case then u might have to get it back. And also note that AC140 is applicable only with Mumbai and Delhi and definitely not available at Chennai.
Good luck.
 
How does one get the original I-140?

You send the I-140 form when you file I-140. So it is gone to INS for processing. When I-140 gets approved, I don think they send the original I-140 form back to the applicant/lawyer. They only send an approval notice. Am I missing something here?
 
sg94ahpw, it is the original I140 approval notice.

AC140 means the attorney certifys all the documents which you filed to TSC for I140.

If you selected CP in I140, TSC will transfered the I140 materials to NVC, then to the consulate. If you selected AOS in I140 and then want to change to CP, you file I824. If the consulate accepts AC140, as soon as you get the I824 receipt notice, you can send all the application materials including I140 approval notice, AC140 materials, I824 receipt, and other stuffs directly to the US consulate. This is even faster than who originally selected CP. It will save 1-2 months for you. But I know you are doing AOS. For other future guys, this is a very fast process to get you GC, if your job is secure and do not have other problems.
 
Sg94ahpw, I do not know.

If the consulate does need the original I-140 approval notice, and if you have already submitted that to TSC for AOS, then you will not be able to do AC140. If the consulate does not need the original I140 Approval Notice, then you may do it. I heard long time ago, a guy filed AOS to CSC, and also filed AC140 to US consulate in Guangzhou, China. He got the GC in 5 months by CP. After landing, he immediately concelled his AOS. I guess he either had two approved I140, or he filed a copy of the I-140 approval notice to CSC for AOS (I heard it was OK to file copy of I-140 approval notice for AOS, because INS has all the information in computer and on file).

You may seek your attorney's opinion.

Why there is no approval in July??? Guys, post some exciting news.
 
Lawyers almost always do not recommend CP or

AC140. The reason is not technical but the fact that they are not needed for these processes and are not involved and hence they dont make any money.

Doing CP is simply a matter of collecting your documents together. You can do it yourself. Lawyers are not going to of much help anyway in CP or AC-140 process.
 
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