Switching from CP to AOS.. HELP REQUIRED

B

Bhasu

Registered Users (C)
Hi Gurus

I'm new to the 485 Process and at final stage of CP but my case is getting effected by retrogression by 11 months of PD.
Please share your experience if anyone in the forum switched from CP Process to AOS (filing I485)?

- Is it Allowed by INS to file for AOS while your CP is pending ?
- Does it require any special process to withdraw CP before starting AOS? Or it automatically invalidate CP.

Your response would help me alot in deciding to go with this change.
Thanks

My case details
PD: Nov2002 EB3
I140 Apd Sep2004
Case forwarded to consulate : 11/24/2004
Consulate Interview date : ????? (Dont see it happening till PD becomes current)
 
Bhasu said:
Hi Gurus

- Is it Allowed by INS to file for AOS while your CP is pending ?

----> yes.

- Does it require any special process to withdraw CP before starting AOS? Or it automatically invalidate CP.

----> Nothing is required, though you may want to write to CIS to get your packet back from the international consulate to avoid delays.
Click to expand...

See the following answers from Murthy chat. Also review the FAQs at immigration.com, immihelp.com and murthy.com

Question : I-140 approved for CP. What is the procedure for canceling CP and applying for AOS with I-485?
Answer : Actually, one can go ahead and file the AOS paperwork. Then notify the NVC and the consulate to return the file from the consulate / NVC back to the INS Service Center to avoid delays when the INS completes review of the case but cannot approve it since the file was transferred to the consulate.
Date : 2002-02-18



Question : Can I file my I-485 (AOS) although the I-140 Notice of Approval is for CP? Or do I have to ask INS for another Notice of Approval (AOS)?
Answer : One can file for the AOS even if the notice states CP, but it is a good idea to contact the NVC to ensure that they do not send your package to the foreign country consulate or if they have already sent it, that they get it back. Often they will speak to you over the telephone (NOT TRUE ANYMORE) or you can write to them.
Date : 2001-11-26
 
If your PD is not current you cannot file AOS (485). Concurrent filing is allowed only if your PD is current.
 
Thanks for the response atlanta bhopali and nkm.
My PD is current only till Dec 31 :-(( and I'm planning to file my I485 before that date. As the RD must be during the PD being current.
Another question :
Do you know when actually NSC would ask for I140 Package ? My point is that, they wont start reviewing my case till my PD becomes current again. Or they might work on my case like (Calling for I140 Pkg) even when the PD is not current. In short, USCIS will not ask for that I140 pkg from Consulate till my PD becomes current. Am I correct in this ?
Pls respond
Thanks
 
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