Switching to AOS when CP interview is already scheduled?

[ericf]

Dear all,

I'm in a bit of a conundrum here. I started I-130 in 2006 when i was living abroad. Next, in 2007 I moved to the U.S. to start a PhD. I guess given that i was living abroad when this was filed, the Consular Processing (CP) was automatically chosen. My priority date is 02JUN2006 (worldwide category). In 2009, I had the petition approved and had to file some more papers. However, when I tried to switch to AOS at that time, I was told that I had to wait till my date becomes current.

On June 28, 2013, I got an email from NVC out of the blue saying that I already have an appointment scheduled end of August at an embassy outside U.S ( my date wasn't even current at that time). I'm currently processing H1B and I will be working at that time and don't have visa, time or money to go for that appointment. I was (and still am) wondering how i can switch from CP to AOS?

 USCIS phone line is no help and says to contact the embassy. The embassy in its emails tells me to contact USCIS, while NVC tells me to contact both USCIS and the embassy.

Would greatly appreciate any insight! Have been researching a lot, but no info on this particular situation.

ericf

 

[Belle]

You need a consultation with a lawyer. My bet is that you can switch to AOS, but it is not clear if you will be able to file right away, and even if you are, your deicision is likely to be delayed untill the case is returned from the consulate.

[Attorney_11]

Generally, individuals lawfully present in the United States who are beneficiaries of approved immigrant petitions with current priority dates or otherwise immediately available immigrant visas are permitted to file for adjustment of status. It may be fruitful to consult with a qualified immigration attorney to discuss personalized application of general legal principles with due care to individual circumstances.

[ericf]

Thank you for your advice!

 

I will most likely prepare the I-485 and supporting documentation and file it with USCIS while concurrently calling both USCIS and NVC.

 

Is there anything else in your opinion I could do? I could use some professional advice but unfortunately can't afford it at the moment.