What about changing to CP now?

A

anand pandey

Registered Users (C)
My I-485 is pending for a year now. I am seriously thinking to change over to CP now. Someone suggested me to go for "attorney certified copy (or AC I-140)". I was told I should able to get my GC through this process within 2-3 months. He provided me following link:

http://imminfo.com/Knowledgebase/FAQs/ACI140.html#2. What is an attorney certified copy (or%20AC%20I-140)

The above URL says that I-485 processing will continue till INS
asks whether you wish to withdraw the I-824 or the I-485. If that occurs before the immigrant visa interview, then you may withdraw the I-824 and keep the adjustment of status on file. Nothing happens automatically.

It looks like to me a safe move.

Although, I have not changed my employer but I am using EAD. This is our company policy to cancel H1B, once you get EAD. I have used only 18 months on H1B of total 6 years. I am an Australian citizen but born in India.

I would appreciate your comments/opinion. Regards,
-Anand :(
 
This is an interesting URL that you have sent. I wanted to start CP too, but since I am on EAD and since somebody said I can not be on EAD if I start CP, I just stopped thinking about it.
Hope someone on this forum will be able to throw some light on this.
 
There is some issue with CP and AC21.
If you decide to go CP, you can appeal for reconsideration upon denial for your GC
 
Seems like a good choice. But I already changed job. I guess I will not be able to go for CP.
 
Typooooooo
you can appeal for reconsideration upon denial for your GC

read this line

you can't appeal for reconsideration upon denial for your GC
 
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11. If I have advance parole, and I go abroad for a consular interview, and something goes wrong, can I use the advance parole to return to the U.S. and resume consular processing?

Yes you can. While the odds of "something going wrong" are very, very small, should this happen you would be able to return with advance parole and resume adjustment of status processing.
*******************************

So "something going worng" is not denial I guess. What else could go wrong?
 
To go through CP, you would have
to file an I-824 which will take alone about one year to process. Once that is approved then only you can file for CP.
 
Originally posted by gc0299
To go through CP, you would have
to file an I-824 which will take alone about one year to process. Once that is approved then only you can file for CP.
Click to expand...

Ohh! thats a long wait there too. I've completed my 16 month wait for AOS & still waiting. So, yeah its like "kitne door kitne paas" (so close but yet so far).
 
OK, I read the original link more carefully...

- the consulate can accept a copy of the file.
- the I-824 need not be processed by NVC/BCIS...all you need is
a receipt notice from BCIS for the I-824.

Of course there's a lot of if's and but's
- what is the specific policy at the consulate?
- what is the caseload there?

Assuming 20 months = AOS processing time
X = specific consulate processing time
Y = elapsed AOS processing time

If 20-Y-X > 6, then the time, money and hassle of this approach
may be worth it.
 
Here's my story...

Before doing AOS, I had chosen CP. National Visa Center however screwed up and never forwarded my file to the home consulate. Attorney suggested that I do AC I 140. 3 months later the AC I 140 application got denied (because home consulate was too busy to process AC I 140 cases and they have discretion) and I never got an interview. Then I had t start the 485 process again which cost me about 5 months.
 
"attorney certified copy".

Just now I spoke to one of my friends today. He got his GC through this procedure within 3 months from Indian Consulate. He filed for I-485. Fedup with the wait after 3 months. Approched an attorney who was very comfortable with this process. He charged less than $1000. The most important requirement is original I-140 must be attached and rest of the documents certified. The attorney preapred all the packet, certified them and sent it to US Consulate in India. He neither filed I-824 nor withdrew I-485. He got the interview call within 2 months. Went to India and returned to GC. Entire process took 3 months.

Another important requirement is that your home consulate must be willing to accept "attorney certified copy". I will be sending an e-mail to US Consulate in Australia to get their reply.

This friend of mine told me his younger brother also got his GC exactly the same way inspite of the fact that he was already using his EAD. I will be talking to his brother directly this weekend and keep you all posted. I am also planning to talk to his attorney some time next week. :)
 
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Whoever wants to know more information on this , can you please talk to your respective lawyers and post info here. That way we will know how feasible or safe this is. Thanks everybody.

Anand, which home country does your friend belong to?
 
I think 3 months or 4 months timeframe for CP was valid about an year back when even 485's were moving. But now they too are slow.

Also I read somewhere : US Consolate is now issuing visa's via personal interviews only ( drop box facility stopped for most visa categories I guess). Their workload will surely increase and CP interviews might also get an impact.
 
Just on the Attorney certified copy of I-824, is not accepted by all the consulates across the world. In India, the western region (Mumbai) they accept the attorney certified, but in chennai they do not. So it depends on where you are actually from and jurisdiction etc.

In this case of Australian country, it may be possible.

GW
 
List of consulates accepting AC I-140

Ok. I did bit of more research. Here is another URL where you will get more info:

http://www.immihelp.com/gc/consular/ac140.html

You will get list of US consulates accepting AC I-140 on this site as well.


I am quite encouraged with this route because:

1. It will not affect my current I-485 processing
2. There is no risk.
3. If it gets rejected, I can still use AP to return to USA. Although there is no chance for rejection other than crime, fraud etc and if it is true your I-485 will also get rejected. The only other reason, it will get rejected is because of incomplete documents. You can return to USA and get the documents and reapply

Why not you guys/gals talk to your attorney and post your conversation here? I have already sent e-mail to my Attorney and expected to get feedback pretty soon. Thanks
-Anand :)
 
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OK. This is the reply from my attorney.

Although it appears that Mumbai still allows for attorney certified I-140s, the process is much different and more difficult than it use to be (should you even qualify as a resident, etc. of Mumbai). We must file an I-824 (request for consular notification) and you would have to produce a receipt for that filing, with the attorney copy of the I-140 at the Consulate. This could jeopardize your case, as the California Service Center would be informed that you intend to Consular Process and will request that you make a decision to continue with the Consulate and abandon your I-485, or abandon your Consular process. If you wish to try and complete the process at the Consulate there are no guarantees, you will not have a lawyer to represent you, it is not clear how long you would be out of the country and since your I-485 would be deemed abandoned, you could not return on your advance parole. Lastly, the addiitional charge to your company would not be cost effective, as the CSC is processing cases filed 19-20 months ago, so you do not have that much longer to go.

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I must add that Im not a mumbai etc., resident.
 
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