I 824 - Lets understand better!

[life2003]

This may look like a common question, but please continue to read - these are some common questions which do not have standard answers

If we applied for 140/AOS then only way to switch to CP is by applying for I824 and in the case of Chennai consulate we will have to wait till the application is processed to start the CP process. Questions:

1) I have AP/EAD approved, less than 180 days on AOS RD - if i apply for I824 will it automatically cancel my AOS application?

2) Will my AOS be canceled after I824 apporval?

If it is not cancelled at all, can we have both AOS and CP processed simulatenously (hmm...asking for too much huh?).

I am relatively new to this forum, some senior members please answer. These are common questions.

Thanks,.

 

[titu]

Applying I-824 does not automatically cancel AOS application. Typically at the time of adjudication of I-824, BCIS would send a letter seeking confirmation of either CP or AOS. Only when CP is confirmed in response to the letter is the AOS process terminated.

However I read on Sheela Murthy's website that there have been certain instances with her clients when BCIS cancelled the AOS process without sending out the above mentioned letter. The argument given was that filing I-824 is intent in itself that the applicant wishes to abandon AOS.

My 2 cents is that AOS & CP can go on simultaneously until one receives this letter. By then either the applicant is through with the AC-140 process (if that was the intention) & if that does not work out for whatever reasons, then s/he can choose to continue AOS in response to the letter.

The downside being BCIS does not give the option to choose between AOS/CP by sending the letter and AC-140 does not happen for some reason, than the person has to wait for I-824 approval & eventually go through regular CP process through NVC, which could be a really long process without portability benefits.

titu

Originally posted by life2003
This may look like a common question, but please continue to read - these are some common questions which do not have standard answers

If we applied for 140/AOS then only way to switch to CP is by applying for I824 and in the case of Chennai consulate we will have to wait till the application is processed to start the CP process. Questions:

1) I have AP/EAD approved, less than 180 days on AOS RD - if i apply for I824 will it automatically cancel my AOS application?

2) Will my AOS be canceled after I824 apporval?

If it is not cancelled at all, can we have both AOS and CP processed simulatenously (hmm...asking for too much huh?).

I am relatively new to this forum, some senior members please answer. These are common questions.

Thanks,.

 

[life2003]

Thanks titu

Thanks for the reply.

I am under Chennai consulate hence i don't have the option of AC-140. But if i think about the amount of time it takes with I-824 + Regular CP it is much less than AOS these days.

My RD 6/2003, currently NSC it taking atleast 24 months. If i apply for I-824 NSC will approve in ~7 months + 4 to 6 months for regular CP which is a total of 12 months. This is 8 to 10 months less than AOS. Ofcourse with this option, after I 824 is approved untill the CP interview is complete there will be no portability options or any back up strategy if something were to happen.

Your input sincerely appreciated.

 

[piske]

Why do you think that the Chennai consulate does not accept AC140? From the info. that I got from the consulate, they do accept AC140 and they do not require I-824 to be filed.

Could you share the evidence that Chennai does not accept AC140?

Rgds,
Piske

 

[life2003]

Piske

hmmm....i got to know that Chennai does not accept AC140 from the information in gathered by reading this website.

on the contrary...it looks like you have information about a case of AC140 at Chennai....can you provide us with more information about how you got it?

thanks!