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Can I change to AOS after indicating CP in I-140 ?

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  • Can I change to AOS after indicating CP in I-140 ?

    Which is, if possible, easier and faster to do :

    a) Intimate the desire of doing a CP in I-140 and then later changing it to I-485.
    or
    b) Intimate the desire of doing a Adjustment of Status in I-140 and then later changing it to CP.

  • #2
    What you need to do is:
    1. find out if your consulate does AC I-140 (attorney certified copy of I-140, read about it on this site).
    2. Try to guess time it would take for you to become current, if applicable to you, on both CP and AOS.
    3. Try to guess time from being current to GC in AOS.

    If your consulate does AC I-140 then CP will probably take you [2-4] months + time to be current.
    otherwise going through NVC can be [1/2 - 2] months in addition.

    As much as I researched, AOS time is very much random, unpredictable and changes from time to time.

    Depending on your decision, if you want and can choose CP with AC I-140 then file I-140 with intention to proceed with AOS. About a month, or even 2 weeks, before you become current, file I-824 to switch to CP. You will need I-824 receipt for AC I-140, when you become current to send packet 3 to consulate.

    If you choose CP, going through NVC, file I-140 with intention to proceed with CP.

    If you choose AOS, then file I-140 with intention to proceed with AOS.

    If you see that your guess was incorrect and you wish to change from CP to AOS, you file I-485.

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