Has anyone switched to AC140 CP while 485 pending

[rajb00]

Please post your expereince. This would help lot of folks out,
who wants go for AC140 CP because the 485 process is taking yeaaaaars!

 

[cpDelhi]

Originally posted by rajb00
Please post your expereince. This would help lot of folks out,
who wants go for AC140 CP because the 485 process is taking yeaaaaars!

You can have only one choice. AC-140 CP route or AOS (I-485) route, not both at the same time.

Thanks.

 

[Rajeev Kumar]

There is a caveat...

With AC140, you are not abandoning the pending I485. Even though if your CP is rejected for whatever reason, your AP or visa will have been cancelled, and your 485 potentially will be abandoned as the applicant is not physically present inside the USA.

 

[cpDelhi]

Re: There is a caveat...

Originally posted by Rajeev Kumar
With AC140, you are not abandoning the pending I485. Even though if your CP is rejected for whatever reason, your AP or visa will have been cancelled, and your 485 potentially will be abandoned as the applicant is not physically present inside the USA.

Rajeev,

I thought that an individual have to file I-824 to change AOS route to CP. Though some US consulate accepts AC-140 with only a I-824 receipt, the AOS will get cancelled once I-824 gets approved.

Thanks.

 

[Rajeev Kumar]

CP Delhi,

There have been instances, especially in Bombay, that applicants have done AC140 while their AOS was pending without having to do I824. Even if you file I824, you only need the receipt for AC140 and the pending AOS is not affected until the I824 is approved-which is taking a good year in most svc centers. You can always withdraw the I824 if you change your mind later and that should not harm your AOS.

 

[cpDelhi]

Re: CP Delhi,

Originally posted by Rajeev Kumar
There have been instances, especially in Bombay, that applicants have done AC140 while their AOS was pending without having to do I824. Even if you file I824, you only need the receipt for AC140 and the pending AOS is not affected until the I824 is approved-which is taking a good year in most svc centers. You can always withdraw the I824 if you change your mind later and that should not harm your AOS.

So my understanding was correct. Since there is a time lag before I-824 gets approved an individual gets to benefit from the both(AOS and CP) the routes. Once I-824 gets approved (which is a long time now, but could change to short time also in future), AOS is considered abandoned. I hope the individual doing this also understands this fine point.

Thanks.

 

[KAT02]

I824/I-485



Ron Gotcher's opinion is that at the time of I-824 approval, the applicant (or applicant's attorney) gets a form confirming the intent to pursue CP. At that point (according to Ron), one could say no to CP and resume AOS.

I am also interested in going for AC-140 (Mumbai) given the delays in AOS. Any expert opinions on this matter? I am glad that this issue has come up and contribution from everyone trying for AC140 will be extremely helpful.


Keep up the good work folks.

KAT02

 

[rajb00]

Thanks for your responses.
Is it ture then when you get approved I824 you still have choice of going for CP or AOS?
your expereinces or advices will extremly help us.