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Switching from CP to AOS while I-824 is in progress?

Discussion in 'Consular processing' started by northwest, Nov 11, 2011.

  1. northwest

    northwest Junior Member

    Hi Ron

    I have my PD as March 18th 2008 (EB2) which will most probably become current in January 2012. I am stuck in India on 221g on my current H1B. So I am planning to switch to CP because I can't file for I-485 while I am here when the date becomes current. I know I-824 takes about 9 months to get approved in Texas service center. Now here is my dilemma. If I initiate the I-824 and during the 9 month period of the approval, if I have a new successful H1B stamping, I can go back to the US. Considering I got back to US while my I824 is under processing:

    Can I just file for I-485 and proceed with the GC processing? Or is it dependent on the I-824 that was already filed and under process?

    Considering that I am in India chhosing for I-824, is there an option to add a spouse on I-824 when I plan to switch to CP? Or do I have to add the spouse name after I824 is approved?

    Thanks!
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: Switching from CP to AOS while I-824 is in progress?

    The nice thing about electing consular processing is that if you change your mind, you can switch to adjustment of status at any time and without any further delays. So, in the situation you present, if your H1B comes through and you return to the U.S., you may either continue with consular processing or you may switch to adjustment of status at any time.
  3. northwest

    northwest Junior Member

    Re: Switching from CP to AOS while I-824 is in progress?

    Hi Ron

    Thanks for the info, can you answer my second question?

    Considering that I am in India chhosing for I-824, is there an option to add a spouse on I-824 when I plan to switch to CP? Or do I have to add the spouse name after I824 is approved?

    Thanks
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: Switching from CP to AOS while I-824 is in progress?

    If you are going to process at a consular post overseas, there is no need to add your spouse to the I-824. That will get taken care of automatically when you submit your application to the NVC.

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