Want to switch from I-485 to CP .. what are my options ?

M

maverick1976

Registered Users (C)
I have filed my I-485 with NSC in Sept 2002 and the official processing date is 8/2001.(almost 24 months of backlog)

On the other hand , the processing time for CP is pretty quick.
I have heard a lot about rules like the AC-140 and people switching to CP from I-485 ? Just wanted to know some more details and whether I can avail of this oppurtunity.

Can some one please post information about switching from I-485 or send links regarding the same ?

Thanks
 
Originally posted by maverick1976
I have filed my I-485 with NSC in Sept 2002 and the official processing date is 8/2001.(almost 24 months of backlog)

On the other hand , the processing time for CP is pretty quick.
I have heard a lot about rules like the AC-140 and people switching to CP from I-485 ? Just wanted to know some more details and whether I can avail of this oppurtunity.
Yes. You surely can avail the opportunity to get your GC via CP process. MAke sure you understand the ramifications of changing the GC process route from AOS(I-485) to CP.

Can some one please post information about switching from I-485 or send links regarding the same ?
You or your attorney will need to file I-824 to change from AOS to CP. There is a lot of info about the advantages/disadvantages of AOS/CP on this forum. Please dig in and make an informed decision.

Thanks
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Re: Can I use the AC-I40 option ??

Originally posted by maverick1976
I am from Mumbai , can I use the AC-I140 option for CP ?
Yes, you can choose depending on your current situation. If you had filed I-140 with AOS as the route for getting your GC, then you may file I-824 to change to CP using the AC-140 option. YOu will need to give more explaination of your current status for other CPers to give any feedback to you.

I read Ron Gotcher's website ..and he claims that there is no downside to Consular Processing ?
Ron is a Lawyer(Don't you think lawyer and liar are very closely related terms) and is in business of doing CP for its clients. He is also an expert in CP and answers all questions posted on his site candidly. But I don't think anyone can claim that there are no downside to CP. It all depends on each individuals case.

http://imminfo.com/Knowledgebase/FAQs/FAQ_CP.html

Could anyone list any possible downsides to CP ?
1. The individual cannot lose or change jobs in CP process.
2. If the individual loses job then he/she is back to the start of the GC process (right to getting labor cleared again)
3. A trip has to be made by the primary applicant and all dependents to the primary applicant's home country and appear in a interview at the US COnsulate in home country.
4. If there is any complications, the individual cannot come on any visa., though the US consulate gives every chance to submit missing documents.

Biggest Advantage:
1. It's takes much less time compared to AOS
2. 99% of applicanst have had successful CP interview.
3. Many more... Just dig in this forums other threads.

Thanks !
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Loss of job .. hmm.. now it makes sense ..

cpDelhi , Thanks for the quick response

Didn't know about the loss of job rule. It's the same for AOS , only after 6 months can you change your job (AC-21).

The reason I didn't file for CP earlier , is becuz I wanted to add my spouse to my GC process and I wasn't married at that time.
Now 9 months later , I think I am still 8 to 10 months away from my GC (if not longer).

What's AC-I140 ? and will it speed things up ?
What about I-824 , will that slow things down ?

I work for a company that is based both in India and in the US. I know I won't be laid off , if I lose my consulting project and don't find one pretty soon , then I can always go to India for a few months. Will that affect my CP status ?

I guess I am just considering all my options.

If I were to file for CP at Mumbai , given my case details , what's a guesstimate / rough ballpark for the interview date ?
 
Re: Your questions

I think Cp guy is telling what you need to do first....read through this forum...ALL your questions are old and so are the answers..don't get offended, that is not the intention...in fact i am in the same boat as you are and in similar dilemma if you want to call it so...
dev
 
no offence taken ..

Dev28 ..

I agree I should look at the other posts , but the entire CP process is new to me. I have been posting a lot of messages in the I-485 section , but this is greek and latin to me.

You mentioned that you are in the same boat. Have you filed your I-485 too and are looking at exploring the CP option ?

Btw , Is this a common trend ?
 
I-824 processing times for NSC

I have my I-485 pending with NSC. If I were to switch to CP , that means I would have to file for I-824 with NSC. Currently NSC is officially processing I-824 for the 07/19/2002.

Does that mean I will have to wait for almost a year to get my I-824 before I can even send in my AC-I140 application ?

Anyway to get over this hurdle (any sooner) ? Anyone in the same boat please post your I-824 experiences with NSC (or with other service centers)

Thanks !!
 
If you are applying for AC140,

you only need the receipt for I 824 from NSC which will be available a couple of weeks after filing the petition. You need the approval of I824 if you are doing regular CP via NVC.;)
 
so are you saying I-824 doesn't need to be approved ?

Rajeev,

Are you saying that for AC-I140 , the I-824 doesn't have to be approved. I might be able to file for CP , with the receipt but I still need the I-824 approved to get an interview call, right ?

My I-485 is filed in Sept, 2002 and I am well into the I-485 process. Not sure how long the I-485 will take , thats why I was considering applying for CP, but I don't want to wait another year , just becuz NSC is slow in processing my I-824.

Are you saying that I will get an interview date with the Consulate in Mumbai , with just the I-824 approval notice ?

Please Advice.

Thanks !

P.S. Also can you tell me where can I find more details about the AC-I140 option , like eligibility criteria etc. ?
 
Yes,

You don't need an approval of I824 to get an interview or GC thru AC140 and CP. That's the whole purpose of AC140- your attorney certifies that a copy of your I140 is the true copy and sends your entire immigrant case as certified true copy for the consulate to act on. Ofcourse you will need the I824 approved for regular CP thru NVC. Good luck.;)

Search this forum for details. There were a couple of people who did AC140 at Mumbai this very month!
 
To Dev28 , cpDelhi and the other gurus ...

This is in the FAQ section on the US Consulate (Mumbai) website.

How do I request consular processing of a pending employment-based case?

On a case-by-case basis, the U.S. Consulate General in Mumbai is accepting employment-based immigrant visa cases for processing when all the following conditions are met:

Department of Homeland Security has already approved an E1 or E2 category immigrant visa petition and the applicant has an original I-797 form,
the applicant is a resident of the Mumbai or Calcutta consular districts,
the priority date of the case is current or could reasonably be expected to be current within 60 days (we will not warehouse non-current cases),
waiting for the Department of Homeland Security to process the change-of-status application would cause the applicant hardship,
the applicant has copies of all pages that made up the original immigrant visa petition,
there does not appear to be any indication that the case is fraudulent,
I-824 Fee Receipt required.

If you believe that your case meets these conditions, forward copies of your I-140 paperwork to the Immigrant Visa Unit, U.S. Consulate General, 78 Bhulabhai Desai Rd., Mumbai 400026 India with:

the original I-797 Notice of Approval Form
complete forms OF-169 and OF-230, part 1
an e-mail address where we can contact the attorney with confirmation that we have accepted the case
DO NOT send any submissions to any officer or employee by name. Doing so mixes business with personal mail and results in lost paperwork when officers transfer.

We are accepting E3 cases that meet the above conditions on a more limited basis, where it is clear that the applicant is highly skilled. We would accord precedence to applicants who have already received H1-b visas in the same profession or for the same employer.


Does that mean I can send in my documents to the US Consulate in Mumbai , for them to evaluate if they will process the AC-I140 for my case and only when I hear from them (on a positive note) do I file for my I-824. That way I don't have to jeopardize my current I-485 process.

This seems too good to be true , but if its true , it is a blessing in disguise.

Please reply !!

Thanks.
 
I have seen a couple of people get interviews at Mumbai without I824 receipts.

But the Consulate seems to require I824 receipt before your case can be accepted under AC140. It only takes a couple of weeks to get a receipt and you can always withdraw it if you change your mind-so, it is better to apply with I 824 receipt.;)
 
Thanks Rajeev ,

Here is what I want to do , I want to minimize the risk of changing anything about my case. I don't mind doing anything extra. I do agree that I will need the I-824 sooner or later , but I wanted to know if I could present my case without one. That way I won't have to change anything about my case , i.e. let it continue in the I-485 stage till I hear something from the US Consulate in Mumbai.

What I understand from your post is that even if I apply for I-824, I can always withdraw if I change my mind later. In that case what will happen to my I-485 process. Do I have to start all over again , with a new Receipt Date / Notice Date or will the old dates hold true.

My game plan is to continue to stay in the I-485 stage but send my documents to the US Consulate in Mumbai for them to evaluate the AC-I140 option. If I hear from them with a positive note , if I decide to then go in for the CP option , I can file for my I-824 receipt and use that to schedule an interview date.

Does this make sense ? Or Am i missing something here ?? :confused:

Pardon my cynicism , my we are dealing with the BCIS here , I hope the US Consulate in Mumbai is different.
 
One more thing .....

Can I opt for CP (AC-I140 at the US Consulate in Mumbai) , even if I am in the I-485 stage and my H1 has expired ?

I am currently working on an EAD and I have taken a trip overseas , on my Advanced Parole.

Thanks ,
 
You are OK...

even if your H1b has expired, you are in status because of the EAD and AP. Also, your I485 won't be affected when you file your 824. Only when it is approved and sent to the proper dept(AOS) will your case be transferred to NVC. If you withdraw your i824 for whatever reason, the 485 should proceed as if nothing happened. If you are asking me to guarantee that everything will go as planned and smoothly, you are in the wrong forum my friend. If you are averse to taking any risk, forget all that I have posted here and wait for your 485. Good luck!;)
 
You what they say about taking risks ..

"Fortune favors the brave !! "

but then "Discretion is also the better part of valor".

I just want to know if things are possible. I will definitely consult my lawyer , but I need to know how flexible the rules are. If I have done my homework , my lawyer can't give me any BS , becuz she might be averse to doing any more work on this case.

If it's possible techinically and has an acceptable amount of risk , I might even change my lawyer if I have to.

The best place to get the right information is such forums.

Thanks for all your help !!
 
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