When is the AOS/CP decision made?

[TomG]

Hello friends:
I am starting I485 since my I140 just got approved. My attorney is asking me whether to do AOS or CP. But reading thru this board, I find some friends saying that their I140 were approved for CP.

Is the choice between AOS and CP made when you applied I140 or at the time of I485 filing? If at I140, how can I findout whether it is approved for AOS or CP (rather than wondering why my atterney is still asking the unecessary question)? Your knowledge would be highly appreciated!

Thanks in advance!

 

[dipy]

No Title

You CAN specify AOS/CP at the time of I-140 application. Although when I applied (december 2000), I don\'t remember to have put anything. Based on what my lawyer said me (I had the conversation couple of months ago),all the applications are sent to NVC now-a-days after I-140 application and then they send some kind of notification to the lawyer. If you/lawyer doesnn\'t respond, then the case is sent to the respective consulate from NVC for CP. However, you can at that stage always opt for I-485 if that\'s what you want and you didn\'t specifically opt for anything while filing I-140. I don\'t know if you specify something in I-140 and after it gets approved, want to change your mind and do the other. I haven\'t seen any cases like that.