I-824

[SP0779]

Gurus,
I-824 is an application to Initiate action on an already approved application or Petition right. If my I-140 is still pending, should I wait till is has been approved to file I-824 to change my process from AOS to CP? or is there a way we can file an amended application and keep the priority date as of the first application. I sincerely thank all the help you are providing here.

Regards,
Pavan.

 

[kd1403]

SP0779:

I-824 is an application to Initiate action on an already approved application or Petition right.

Answer: Correct!

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If my I-140 is still pending, should I wait till is has been approved to file I-824 to change my process from AOS to CP? or is there a way we can file an amended application and keep the priority date as of the first application. I sincerely thank all the help you are providing here.

Answer: My IMPRESSION is that if you have not opted for AOS/ CP in your I-140 application then your attorney should be able to call USCIS or send them a letter (preferrably) informing them of your intent to do CP with no need for I-824 filing.

On the other hand, I am afraid but it you have opted for AOS in your I-140 application then you may need to wait unti I-140 approval to file I-824. But please verify this with a lawyer!