Is it possible to change to Consular Process after filing 485

A

aks999

Registered Users (C)
Hi All,

Can you guys let me know whether or not it is possible to chage the from AOS to Consular Processing, after concurrent filing. Instead of waiting for several years after I-140 approval, its better to do it if possible. I guess CP dates are current now.

thanks,
 
Question 17. Can I switch from CP to I-485 and vice versa? TOP

It is relatively easy to switch from Consular Processing to I-485. If the beneficiary's I-140 or I-130 indicates that it was approved for Consular Processing, the I-485 may be filed without any extra requests or extra steps.

However, if the approval notice for the I-130 or I-140 indicates that it is approved for Adjustment of Status and that the USCIS will hold the case for Adjustment of Status and a person now prefers Consular Processing, the procedure is a bit more complicated. It is necessary then to file Form I-824, the request for Consular notification.

The I-824 must be approved and the cable notification must be sent to the Consulate so that the Packet 3 can be generated by NVC. From that point, the case would proceed as described in the response above to Question 16 on the CP process in general. Whichever means is used, the case number is then assigned and the interview is scheduled. The Consulate then notifies the applicant by sending Packet 4. Packet 4 includes additional USCIS instructions, including information about the medical examination and documents that must be completed before the interview. I-824s are currently taking more than a year to adjudicate at most service centers.
 
Question 16. What is the process of CP? TOP

Once the USCIS approves an immigrant petition requesting consular processing, they will send the approved petition to the National Visa Center (NVC). (If the I-140 approval notice indicates the petition file is being held at the USCIS in anticipation of an I-485 application, then see the response below to Question 17 about switching from I-485 to CP.)

The NVC handles initial processing of the immigrant visa application. If the applicant's priority date is current, the NVC will forward the petition to the consular post listed on the petition and immediately send Packet 3 to the applicant or the attorney. If the priority date is not current, the NVC will send out Packet 3A, and the petition will be stored at the NVC. NVC will send the Immigrant Visa Application Processing Fee Bill to the applicant. Once the Fee Bill has been mailed back to the NVC, they will send a packet of forms (Generally, DS-230 Part I and USCIS instructions) to complete and mail back to them for processing. Once the NVC processes the forms, they will then send the complete package of forms to the consulate for an interview.

The consulate notifies the applicant of the interview appointment by sending Packet 4 to the applicant or the attorney. Packet 4 includes additional instructions, including information about the medical appointment and documents that must be completed before the interview. All applicants must attend a visa interview. However, the interview is often waived for persons younger than 14 years of age. Some consulates are posting the Immigrant Visa (IV) interview schedule on their websites instead of mailing Packet 4 to the candidate, but suggesting that the IV candidate obtain the Packet 4 directly from the U.S. Dept of State (DOS) WebSite at http://www.travel.state.gov/ or by some other avenue. If the applicant is not inadmissible, and the basis for the petition remains valid, the visa is then issued. The visa will be issued for a validity period of six months. This means that the applicant must apply for admission at a U.S. port of entry within that timeframe. If the visa is denied, the applicant will receive a decision explaining the reason/s for the denial.
 
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