Switching from AOS to CP

Magdalena

Registered Users (C)
Hello everybody,

I am curious whether anybody has any experience with switching from AOS process to CP. My lawyer told me that the case would be delayed for 1 year if one would switch from AOS to CP.

I would appreciate any information on this subject.
Thanks!
 
GCChaahiye said:
Give your complete case details like category,consulate, approval dates, etc.

EB2 CSC Europe
Labor certification RIR PD Jun/2002
AD May/2005

140 RD 17/Jun/05 ND 23/Jun/05
485 RD 17/Jun/05 ND 23/Jun/05
 
Why do you want to switch over to CP?

CSC is processing I-140s and I-485s in double quick time, you might get approved very soon.
 
GCChaahiye said:
Why do you want to switch over to CP?

CSC is processing I-140s and I-485s in double quick time, you might get approved very soon.

Thank you for the response. The processing times for I-485 at CSC didn't move in the last month or so. Same thing is happening to 140 (according to the latest posting). It seems that concurrent applications are further slowed down due to FBI name check blackhole. My hypothesis is that non-current applications (only I140s) are processed faster since there is no name check required. Another advantage is that there is hardly anybody applying for GC from my homecountry, so getting the appointment at the embassy would be a piece of cake.

I would be interested to hear other people's opinion on my hypothesis.
Thanks!
 
Magdalena said:
Thank you for the response. The processing times for I-485 at CSC didn't move in the last month or so. Same thing is happening to 140 (according to the latest posting). It seems that concurrent applications are further slowed down due to FBI name check blackhole. My hypothesis is that non-current applications (only I140s) are processed faster since there is no name check required. Another advantage is that there is hardly anybody applying for GC from my homecountry, so getting the appointment at the embassy would be a piece of cake.

I would be interested to hear other people's opinion on my hypothesis.
Thanks!

Generally speaking, one cannot expect to file today and get approved tomorrow. People have been waiting for many number of years undergoing lots of problems and headaches putting up with the USCIS.

Coming to your case, what you state may be true about your home country.
But if you withdraw your I-1485 and apply for CP, the time it will take for this, your I-140 approval,the case file sent to NVC, fee bill receipt from NVC,Packet3 receipt from NVC and its review once you send it back, then NVC sending the case to your home country consulate and finally scheduling an interview date, all these will take time.Also count the days/months that might be potentially lost due to goof ups by the USCIS at each and every step in this process.

I do not think these days it would make any difference if you file 485 or go for CP.

This is just my opinion, but since you are from European country, perhaps you would get faster approvals and will be a smooth process for you at all the steps.
 
Cp

There is a big difference between CP and AOS. In CP, the file goes to Department of state and as soon as visa # are available (generally < 6 months- depending on your country of origin), your file is sent to your Consulate. Once the file reaches the American Consulate in your country, interviews are scheduled right away. Even in Delhi/Bombay, interviews are scheduled within 3 months. I have several friends who chose CP and are very happy with their decision. The disadvantages are: you are not eligible for EAD/AP (i.e. if your visa runs out) and there is an interview. The latter is a problem if you have something to hide, i.e. fraud as in no employment for EB1 or no valid marriage for marriage-based gc. I will strongly recommend CP. I am really regretting not having gone that rout.
 
Magdalena said:
Hello everybody,

I am curious whether anybody has any experience with switching from AOS process to CP. My lawyer told me that the case would be delayed for 1 year if one would switch from AOS to CP.

I would appreciate any information on this subject.
Thanks!
Check does your consulate accepts the AC-140.
 
tammy2 said:
Check does your consulate accepts the AC-140.

Hi everybody,

Thanks to everybody who replayed to my inqury. It is really helpful. Back in May, I had to choose between AOC and CP and at that time point it looked like AOS was better choice due to job security. However, I start to doubt whether that was really smart since:
1) it will take months/year to get 140 approved, and job switching 180 days after concurrent filing is still risky
2) I would like to change companies.
I have nothing to hide (e.g. taxes, employement, being illegal) and I am not married. So, I have no fear of being grilled on the interview.

As far as I can tell my homecountry doesn't accept AC140, but one of the european country I lived in does. I read some information on AC 140 on the internet, but I couldn't get the feeling on what easy it is to go through the process.
Do I need to file i-824 before going AC 140?
Do I lose AOS status (AP/EAD) if I-824 is filed?
How much time do I lose by switching to CP/AC140?
Do I need serious reason to switch to CP/AC140?

Thank you!
 
pras,

I agree that not all are unfortunate.

In my case, I filed I-140 in Jan 2004 at CSC with CP option because CP was faster at that time. From April 04, CSC changed course and started approving I-485s at an enormous pace. However, since I had already opted for CP, I decided to let things take their own course.

My I-140 got approved in the last week of October 2004. Had I filed I-1485,I would have got it approved too by October 04( quite possible or maybe a couple of months later).

CSC goofed up my case by not sending the approved case file to NVC and I had to run around and finally got the case moved to NVC after a delay of almost 6 months.

Finally,now my CP interview has been scheduled in August.

I might be on the far side of luck, but my point is, it is quite possible to get CP delayed for a number of reasons.So, even though CP is considered to be faster, there is no guarantee.

Just my opinion.
 
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