CP for self & AOS for dependant ?????

[kroger]

Gurus, please help.

Have been staying with family on H1 in US for last 5 years.
Wife do not work. I-140 is approved in Feb for CP including dependants. I want to go for CP only for myself. Can my dependant change and opt for AOS at this stage and continue in US and avoid travel ? What is the procedure ? Any implications ?

[cper2002]

No, your dependants' AOS would not be approved unless the primary applicant's AOS is approved. They will have to either travel or you will all have to switch to AOS.

[rajbehere]

CP for self & AOS for dependant ?????

Not a legal advice. Use at your own descriation. As far as I know, once you have opted for CP, you can not go back for AOS. You can ask INS to switch from AOS to CP, but reversal is not possible. Also, all the family members needs to go for CP interview together. So, your best bet is to continue with CP processing. However, I would recommend to take the advice of Lawyer, even though they discourage to go for CP. Good Luck with your CP interview.