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I-824 Attorney Certified I-140

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My situation is as follows,

I have I-140 (non-concurrent) approved under EB1C. My priority date has become current this month. But because of L1A max out I have to leave the US and can not apply for AOS (I-485). My attorney is thinking of changing my application to consular processing with I-824.

Could someone confirm if attorney certified I-140 is a legal process that can help me apply for immigrant visa at the consulate with just the receipt of I-824 application without waiting for I-824 to get approved.


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