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Withdraw 485 and file for CP, how late can I do it?

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  • Withdraw 485 and file for CP, how late can I do it?

    I'm thinking of withdrawing my employment-based 485 AOS and refile for consular processing. I heard somewhere that it would take more than 8 months for the withdraw request to be processed. My question is, can I file for CP right after I file the 485 withdraw, or I have to wait until the withdraw is processed and confirmed by INS?

    Also, how late can I withdraw 485? Mine has been filed for a long time and so far no news. Can I file for withdraw even if it gets to the interview stage?

    Thanks a lot for any help.

  • #2
    I'm thinking of withdrawing my employment-based 485 AOS and refile for consular processing. I heard somewhere that it would take more than 8 months for the withdraw request to be processed. My question is, can I file for CP right after I file the 485 withdraw, or I have to wait until the withdraw is processed and confirmed by INS?

    Also, how late can I withdraw 485? Mine has been filed for a long time and so far no news. Can I file for withdraw even if it gets to the interview stage?

    Thanks a lot for any help.

    Comment


    • #3
      When a person in the United States, he has to apply for AOS and while the person is out of USA then he can only apply at Consuler Post. You are not eligible for CP processing. CP is like getting a visa to enter the United States as a Immigrant or Non-immigrant alien.
      Good luck.

      Comment


      • #4
        Umesh Passi, I'm pretty sure you can elect to go through CP even if you are in the US. What happens is you have to go back to the consulate in your home country for an interview, get the immigration visa and then come back. I have two friends went this way and already got their LPR. Mine is the same employment-based case but I made a bad decision so still waiting.... Now I actually have a need to go on an international assignment in my job.

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        • #5
          You can still go on international assignment from you company while AOS is pending.
          If you will try to get at Consular Post then you will have to stay in that country for a while for completing formalities.
          Before making a final decision, you better check status of your application at Immigration Status Online.
          Good luck.

          Comment


          • #6
            Umesh Passi, thanks for your reply again, but I have some other concerns and am just trying to find out the options I have. Anyone who could provide some answers to my original questions?? Thanks a lot

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            • #7
              Hi Umess and LG,

              I am not sure what are AOS and CP?
              Could you please explain how some one can qualify for these?

              Thanks

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