From CP to 485

[rks125]

Hi,
I got my I-140 approved in EB2 in Aug 2000 and I am "current". CP was indicated in my I-140 application. However, NVC has not yet processed my case yet(almost 5 and half months!).
My H1 is completing 6 years in Jun 2001.
I am considering filing I-485 and to not go for CP.
Is it possible to do that?
Can I just file I-485 even though I had opted for CP during I-140?

Immihelp- Please comment.

Thanks.

[abu lafya]

My lawyer said that you can file I-485 at any time.

Please also consider:
* Did your case reach NVC? They have a phone number with automated and human operators.
If your case did not reach them, it might have never been sent. Make your lawyer act to have it resent.
* Otherwise, if your case is in NVC, did they open a case? (use phone number to find out). If you do not have a case, find out why. If they do, find out if consulate got your case unsing NVC's case number.
* If consulate got your case, you can send them packet 3.

Usually this does not take that long. Find out where the process got stuck and spring your lawyer into action.

You can also file I-485. CP will then be cancelled.

[bd850]

rks125:
You can file your 485 anytime during the CP process provided NVC has not forwarded your file to the consulate.
So call up NVC and talk to the operator. The following scenarios could be possible:
* Maybe, your file never reached them, in that case you can go ahead and file your 485.
* If your file has reached them, then you need to find out whether they have already assigned you a case no. And then, if you still want to go ahead with 485, then you need to fax them your intent stating that you would like to abandon CP and go ahead with 485.

But your best bet, is to talk to an NVC operator. They are extremely helpful.

[rks125]

Hi,
I finally got hold of a person at NVC. I was told that my case is on hold because of a
discrepancy between the priority dates on the Labor Certificate(Aug 1999 and the right )
one) and that on the I-140 approval(Aug 1997). NVC is trying to resolve the matter
with INS. However, they have created a case number and I was given the case number.
(My Consulate is Mumbai).

I am trying to get hold of my Lawyer. I don't know how much that is going to help.

Has Anyone experienced a similar problem? What can be done in such a situation?

Basically, do I have an approved I-140 or not? Can I file I-485?

Any input will be appreciated.

Thanks.

[bd850]

It does seem you have an approved I-140, only the PD is the issue here. I guess, if you file for 485, then you will still have the same problem. I would think that its better if NVC deals with INS coz, then your case is sure to move faster.