Mistake in I-140 Approval wrt CP and AOS

N

Njie

Active Member
Hi,

My I-140 (EB2-RIR, TSC) was approved recently. Though I had applied for CP, the approval notice says that I was approved for AOS. Is there anybody in a similar situation. Or is it the standard wording on the approval notice. Anybody, please, has any suggestions regarding this. All suggestions are much appreciated.

Thanks,
 
No Title

hey buddy,

when you apply I140 there is a option to file CP. If you/your attorney checked this option only you can apply for CP. Before the approval you could haved filed an amendment to change the option. I really do not know after the approval. You may need to consult your attorney.

good luck
Murali
 
No Title

hi Murali,

Actually on I-140, there is a section (Part 4. Processing Info)where it asks for the conulate name for CP. It says that, if a consulate is mentioned, it will be sent for CP and "AOS cannot be granted". On mine, Chennai was mentioned. There is no other chek box to check on I-140. Do you know anybody in a similar situation. How long does TSC take for I-824, please..
 
No Title

Part 4 says: Bleow give the US Consulate you want notified if this petition is approved and if any requested AOS cannot be granted.

In mine the attorney wrote: Chennai(Madras)*
The *Beneficiary will apply for AOS in the US.

My attorney says that am on AOS, not CP. I am confused now. I am planning to go for AOS.
 
No Title

Hi M Jay,

That is the whole problem. The I-140 does not explicitly ask you for the process (Cp or AOS) you want. The instruction in Part 4 implies that if you mention a consulate, AOS is automatically denied, leaving you with CP. In my case, my atty wrote Chennai because I wanted to do CP. TSC made a mistake and approved mine for AOS.

In your case, I am not sure what the outcome will be. I think if your I-140 is not approved yet, you can contact your INS center and sent a clarification (by your atty) or something like that.
 
No Title

Hi savedmuch,
My I-140 got approved. I just verified what has been said in the approval notice- I have to do AOS, otherwise I-824 need to be submitted. Thanks for your input.
 
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I have seen the same case before (my co-worker). Although the lawyer selected the CP option in the 140 form. INS still didn\'t give CP option. And the 140 approval notice even said that you can not file AOS at this time .... .

The co-worker asked lawyer to write INS for CP, no news yet ( more than 2 months). I guess you can try to call TSC or send them a fax .

Ray
 
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Thanks Ray for your post. For me at least they have approved for AOS and asked me to file I-824 if i want to do CP. I think it was a processing error. I\'m trying to talk to someone at TSC.
 
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Hello,
I\'m 20 years old. I live in Houston, TX. I applied in June 99 for a green card, and right now I only have employment authorization. I got a letter from the INS that said "you must go into an INS Application Support Center to have your fingerprints taken" (this is for form i485)
My question is how long does it usually take until one gets the green card? Also, I am turning 21 in August, will this be a problem?
Also, can someone explain what all the acronym used on the forum mean like AD, PD, EAD is?
Any help is appreciated.
Thankyou
 
No Title

hi yasminna,

AD = Approval date
PD = Priority date, i.e the date on which you began your green card application process

For other i485 specific questions you might want to start a new thread so that the on-line experts (gurus) in these matters can help you with them.

good luck...
 
No Title

M Jay, are you from a NY based consultancy...
because even my attrorney made me to do the same
I140 approved and I will have to go for CP...

regards

psvgc
 
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Hi psvgc, I am not NY based. Attorney said, I need to do AOS, otherwise need to submit I-824 for going CP. I-824 took 3 months for my coworker (6 months ago). So, am planning to go with AOS.
 
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Hi Gunman,
I am having similar problem like yours...... I realy want to go to CP and my attorney chose for it..... however approval says for AOS...... What your attorney tells you to do now to have CP instead of AOS?
 
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Hi Savedmuch,

Did you try to contact TSC in regards to your processing order.... that is despite your request for CP in i-140, it was approved for I-485...what did you do? My attorney is saying that they would directly contact Consulate office to process petition without I-824 approval.
 
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