AOS changed to CP by INS - why?

[h1b]

I recently (last week) got my I-140 EB1 petition approved at CSC. BTW, it took only about 2 months for the I-140 to be approved. The process seems to be put on a fast-track. Probably thats why there are higher chances of goof ups:
In the I-140 form I had requested that Adjustment of Status will be filed. I did not request Consular Processing, yet the approval notice says that: "..The petition has been approved and sent to Department of State National Visa Center (NVC). NVC processes all approved immigrant visa petitions that need consular action. It also determines which consular post is the appropriate consulate to complete visa processing. The NVC will then forward the approval petition to that consulate.." Also, At the top of the notice the consulate mentioned is Chennai. My questions are:
1) How come the INS assigned CP to me when I did not even request it?
2) How come they decided on Chennai consulate? I had not given any India address on the form or attached documents and my home address in India is actually near Delhi.
3) Can I still request the INS to correct this problem or is it too late for INS to do anything? They state on the notice that questions should be directed to NVC and that I should allow 90 days before doing so.
I would greatly appreciate any suggestions.
AOStoCPtoAOS

[tapansarkar]

Reverting back to AOS from CP

I am having a similar case. My I140 petion got approved in 4 months in EB1 in September. I submitted the I485 papers which incidently came back due to a mistake in the cheque amount. All above was done by my lawyer.
This time I got alarmed and started checking everything and found from the text of the I140 approval that I have been given a CP option at Bombay.
This my lawyer was not aware. Now I have filed the I485 papers back again to INS. Since my lawyer said 'dont worry, INS will get back the papers from NVC'

But on enquiry with NVC, I find that the file has already been already sent to Bombay.

I have no clue now to get back the file from Bombay.Who is going to trigger it?
Can anyone please help?
With regards

[vfpeter]

U R lucky!!!

Welcome to the club of Lucky GC aspirants. I too was in the same situation a yours and just came back from successful CP from Mumbai last week.

Now I exactly do not know the equation used by INS service centers to do this. I had applied for AOS as my lawyer firm had advised me that CP would be risky for India and China(blah blah blah). Fortunately, when my I140 approval came through, it had the same wordings. I went ahead with CP and it just took me 4.5 months to get the stamp from the date my I140 was approved.

so you do not have to file I-824 or do AC140. For more info on CP check out this site.

All I would say is that if you have 6+ months atleast left on your H-1b, then go in for CP. Otherwise you will not only risk loosing your time but also your case file in all this process.


VFP