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Switching from CP to AOS - URGENT


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#1 rk_2010

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Posted 20 June 2013 - 12:13 AM

Last year, I went to India (from US) to attend CP interview when the dates were current. I received 221g due to delay in medical reports. After that the dates were retrogressed, so my application was put on hold in 'pending' status.

 

Now, I came back to US using my h1b visa. If I want to move my GC application from CP to AOS, what steps i should follow? how do I move the application from Mumbai Consulate to USCIS?

 

please advice.

 

thanks

Raj



#2 Achtung

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Posted 20 June 2013 - 08:42 AM

Raj -

 

I believe that in most cases switching to AOS from CP simply requires you to file an I-485 when your PD is current. USCIS should take care of the rest.

 

However, if NVC or Mumbai consulate still has your original civil documents, I am not sure how to get them back. Were they returned to you at your initial interview (when you were given 221g)?

 

As always, confirm with a qualified attorney.



#3 JoeF

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Posted 20 June 2013 - 11:01 AM

When the PD becomes current, you just file an I-485. USCIS will request the file back from the consulate.

Note that because USCIS has to get the file back, there will be a delay, so it actually may be best to just continue with CP.



#4 rk_2010

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Posted 20 June 2013 - 11:13 PM

thanks for replying.

 

After the interview was over, they gave me all of original documents back.

Can you please specify what file is needed to get back to USCIS ? Is it possible to transfer this information before the dates are current?



#5 JoeF

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Posted 21 June 2013 - 03:21 AM

thanks for replying.

 

After the interview was over, they gave me all of original documents back.

Can you please specify what file is needed to get back to USCIS ? Is it possible to transfer this information before the dates are current?

Your whole file with USCIS, which contains all of your applications from the first time you came to the US is with the consulate. That's what USCIS would have to request back, and it takes some time to get it back. Sometimes, it even gets lost...

Somebody who finishes CP gets that file in a sealed envelope to carry to the US, and hands the envelope over to the officers at the POE with the immigrant visa.



#6 Achtung

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Posted 21 June 2013 - 05:08 AM

I believe all you can do is file 485 when your PD is current.

 

Why not continue with CP? When was your interview? Medicals, DS-230 and PCCs all expire after some period.



#7 rk_2010

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Posted 23 June 2013 - 08:54 PM

Last time, my medicals were delayed and took 2 months due to Sputum cuture test. Finally when the results came with clear reults, the EB2 dates were retrogressed. My worry is, if I have to go for medicals again, this same issue may happen again.

 

I am not sure how long the medicals, PCC and interview is valid. Any idea?



#8 Achtung

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Posted 24 June 2013 - 04:40 AM

Last time, my medicals were delayed and took 2 months due to Sputum cuture test. Finally when the results came with clear reults, the EB2 dates were retrogressed. My worry is, if I have to go for medicals again, this same issue may happen again.

 

I am not sure how long the medicals, PCC and interview is valid. Any idea?

PCC validity varies by country and is outlined in the dept of state's foreign affairs manual. Generally, if you have not returned to the PCC jurisdiction it should be valid for at least a year.

 

From my recollection, the DS-230 is valid for a year. Medical validity may be six months or less if you were asked to do a culture test, but I am not sure of this.



#9 Achtung

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Posted 24 June 2013 - 04:46 AM

Last time, my medicals were delayed and took 2 months due to Sputum cuture test. Finally when the results came with clear reults, the EB2 dates were retrogressed. My worry is, if I have to go for medicals again, this same issue may happen again.

 

I am not sure how long the medicals, PCC and interview is valid. Any idea?

by the way, were you asked for or did you carry an I-134 affidavit of support to your interview? thanks 



#10 JoeF

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Posted 24 June 2013 - 10:11 AM

by the way, were you asked for or did you carry an I-134 affidavit of support to your interview? thanks 

The I-134 is not used for immigrants. It is not even enforceable, anyway.

For employment-based immigrants, there is no affidavit of support necessary at all. The person has a job offer...

For family-based immigrants, the I-864 is required, which is enforceable.



#11 rk_2010

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Posted 24 June 2013 - 10:01 PM

JoeF - What happens if I apply for I-485 when the dates are current and there is a delay getting my file from Mumbai Consulate? Do they process my application or just pend it ? Will I be eligible for EAD at least, after 6 months.

 

Achtung - No I didn't submit I-134 for my dependents. My interview went really good, since I had all documents. But it was so unfortunate that my medicals were delayed. This was so unpredictable, otherwise I would have never choosed CP. Its like they showed my GC card from distance and took it away.



#12 JoeF

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Posted 25 June 2013 - 09:23 AM

JoeF - What happens if I apply for I-485 when the dates are current and there is a delay getting my file from Mumbai Consulate? Do they process my application or just pend it ? Will I be eligible for EAD at least, after 6 months.

I doubt that they would do anything without the file.



#13 rk_2010

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Posted 25 June 2013 - 01:53 PM

Do you suggest me calling NVC and Mumbai Consulate to tranfer the file back to USCIS ? what is the best way to deal with this?

I am almost decided to go AOS route.



#14 Achtung

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Posted 25 June 2013 - 04:10 PM

Do you suggest me calling NVC and Mumbai Consulate to tranfer the file back to USCIS ? what is the best way to deal with this?

I am almost decided to go AOS route.

 

I don't see any harm in informing both NVC and Mumbai that you plan to adjust - I've generally found NVC reps helpful. Not sure if that alone will move the file along though.



#15 JoeF

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Posted 25 June 2013 - 04:45 PM

Do you suggest me calling NVC and Mumbai Consulate to tranfer the file back to USCIS ? what is the best way to deal with this?

I am almost decided to go AOS route.

They won't move anything back based on somebody's call. The file would have to be requested by USCIS. And USCIS would only request it when an I-485 is filed.



#16 rk_2010

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Posted 10 September 2013 - 10:37 PM

JoeF - My dates are current now and i have filed I-485 here in the US. As you said, USCIS will be requesting i-140 file from the consulate - does this stop them issuing EAD to me?



#17 JoeF

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Posted 11 September 2013 - 11:17 PM

JoeF - My dates are current now and i have filed I-485 here in the US. As you said, USCIS will be requesting i-140 file from the consulate - does this stop them issuing EAD to me?

They need the file to do anything, I would guess.

I have seen my file way back when I did CP, it contains all applications the person ever had. Unless USCIS has an electronic copy, there may be a delay.



#18 India2013

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Posted 01 October 2013 - 10:54 PM

Looking for an advice from experts

 

My case is completely reverse. I filed my AOS long back in 2007 and now PD is current. In the meantime, i had to returned to India in 2010. My EAD expired in 2011, H1B expired in Jan 2013. Recently, received an email saying that notice for finger print was undelivered at the address in the file, 

 

1. Is my I-485 still valid?

2. What should I do now?

 

Someone pls. advice ASAP

 

 



#19 JoeF

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Posted 02 October 2013 - 09:54 AM

Looking for an advice from experts

 

My case is completely reverse. I filed my AOS long back in 2007 and now PD is current. In the meantime, i had to returned to India in 2010. My EAD expired in 2011, H1B expired in Jan 2013. Recently, received an email saying that notice for finger print was undelivered at the address in the file, 

 

1. Is my I-485 still valid?

2. What should I do now?

 

Someone pls. advice ASAP

To request CP, file form I-824.



#20 JoeF

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Posted 02 October 2013 - 09:54 AM

Oh, and you would need a job offer from the original employer.




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