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Pending I-140 and Consular processing confusion! Kindly help.

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  • Pending I-140 and Consular processing confusion! Kindly help.

    My cousin has filed for I-140 for EB1-A and is in the US but opted for Consular processing as he plans to leave for his home country in 2021. Unless the final action date is current they won’t process the green card in consular processing and in one’s home country. But one question what if dates for filing for EB1-A become current and one is in the US but opted for consular processing? What happens then? Can one submit all documents for consular processing when the dates for filing become current from the US? And instead of a previously opted place for an interview (home country) can one change that later?

    Would appreciate valuable suggestions.
    Thank you!

  • #2
    If the date on USCIS's AOS filing chart (which in some months is from the Date for Filing chart and in some months is from the Final Action Date chard) for the current month passes your priority date, and you are in the US, you can simply file I-485 for Adjustment of Status in the US. USCIS will request the documents back from NVC.

    Or, if you do not want to do Adjustment of Status in the US and want to still do Consular Processing, then you just wait to be contacted by NVC and the consulate. They can start processing it after the Date for Filing date has passed your priority date; they just can't issue the immigrant visa before the Final Action Date passes your priority date. There is nothing you submit to start the processing; you have to wait for them. If you want to change from one consulate to another, you can request that, though that may delay things.

    This is my personal opinion and is not to be construed as legal advice.

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