Green Card Discussion Forum (I-485) (« Back to Forum) I-140 approved with Consular Processing though in USA Like this thread? Posted by rk1975 (12) 29 Dec 2011 My I-140 was approved in PP but though I was in USA my attorney choose Consular processing. How difficult it is to change from CP to AOS as I am really worried about my next employment opportunity as I may be current in next VB (reply) (report this) Posted by rk1975 (12) 29 Dec 2011 I also received letter from NVC to pay the visa fees and if I don't want to go for consular processing then my employer should send request to USCIS for such and intent. That way I should be good to file AOS. But I am not sure if this will take lot of time (reply) (report this) Posted by kenp (230) 29 Dec 2011 to rk1975: Hello, When your dates get current just file I-485 and let the NVC know that you will file AOS. They will hold your I-140 file till USCIS requests it back from them. Thanks, Ken (reply) (report this) Posted by rk1975 (12) 29 Dec 2011 to kenp: Thanks Ken. This at least gives me good level of comfort. But the letter which I received from NVC for visa fee payment states that I should let NVC know within 30 days if I will proceed with CP. I hope that it should be just an email from my attorney/employer to NVC explaining intent of AOS thats it right ? (reply) (report this) Posted by snowwhite11 (201) 29 Dec 2011 to rk1975: First pay the fee to NVC and do whatever you want. If you dont pay within the stipulated time, it will be considered abandoned. (reply) (report this)
Posted by kenp (230) 29 Dec 2011 to rk1975: Hello, See this FAQ from NVC I Am in the United States and Would Like to Adjust My Status. How Do I Do That? When a visa is available for your petition (or if the Department of State believes that one will be available in the next several months), the NVC will send you a letter asking what you plan to do. If you respond that you plan to adjust your status, the NVC will hold your file until a USCIS office requests it. If you do not reply, after 30 days, the NVC will begin processing your petition. Requests for adjustment of status are processed by USCIS not by the NVC. You should contact the USCIS office nearest you for adjustment of status information. Back to Top I Am Adjusting My Status with USCIS, What Do I Do About the Fees Requested by the NVC? If you are planing to adjust status with USCIS, do not submit any fee payments to the NVC. Notify the NVC of your intent to adjust status and contact the USCIS for further information. Link : http://travel.state.gov/visa/immigrants/info/in... If you are using a lawyer have them call NVC and find out how they want your intention to be communicated to them. If you don't have a lawyer you yourself can call them find that info. Thanks, Ken (reply) (report this) Posted by rk1975 (12) 29 Dec 2011 to kenp: Yes this really helps and I am all clear with my plan of actions... I am just not sure how long will it take to NVC to send the file back to USCIS .. . I read Murthylaw blog and they mentioned it takes 120 days minimum if the file need to be transfered back to USCIS. http://www.murthy.com/news/n_cp2aos.html (reply) (report this) Posted by Jumpin777 (433) 29 Dec 2011 to rk1975: Not to scare your guys but you really talk to your Attorney before sending a request for Adjustment of Status. I read somewhere that its easy to Change your Adjustment of Status to consular Processing and takes short time but changing from Consular Processing to Adjustment of status can take few months to a year. Check with Ravi, Ron and or Murthy the max time frame. (reply) (report this)
Posted by rk1975 (12) 29 Dec 2011 to Jumpin777: I read it clearly on NVC and USCIS websites too that if I-485 is filed then your CP is abondoned. I was only worred about AOS as I may be current in next VB and if that happens though my I-140 is approved as opted for CP can I file AOS. But the 1st thing which I have to do is to notify NVC that i will apply for AOS without paying any fees to NVC. Will then take it up with USCIS about intent of AOS through I-485 so that they can request the file back from NVC. But guys I really thank you for your suggestions and knowledge you shared here.... (reply) (report this)