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rkanth
07-11-2012, 11:30 AM
Can someone please provide information on how to switch I-485 to Consular Processing?
I am on EAD/AP and am returning to India in 1-2 months time frame and have our AP valid till Dec'2012.
We will not be coming back to US but I would like to keep my green card application alive - if possible.

Reading through forums I found that there are two ways to keep I-485 alive
1) Renew AP every year and keep visiting USA every year for renewal
2) Convert AOS to CP

I dont think I would want to renew AP every year and was thinking of switching to CP.
I talked to my original employer and he is willing to provide the future employment letter if needed for CP.

Any information on the process involved in switching to CP would be helpful.
Can I file the required application myself or do I need to hire an attorney?

gc_on_demand
07-11-2012, 12:04 PM
Can someone please provide information on how to switch I-485 to Consular Processing?
I am on EAD/AP and am returning to India in 1-2 months time frame and have our AP valid till Dec'2012.
We will not be coming back to US but I would like to keep my green card application alive - if possible.

Reading through forums I found that there are two ways to keep I-485 alive
1) Renew AP every year and keep visiting USA every year for renewal
2) Convert AOS to CP

I dont think I would want to renew AP every year and was thinking of switching to CP.
I talked to my original employer and he is willing to provide the future employment letter if needed for CP.

Any information on the process involved in switching to CP would be helpful.
Can I file the required application myself or do I need to hire an attorney?


Renewing AP and staying in India may not work more than 1 year. If they find that you are primary resident in India and using AP to visit , they will take your AP at border and give you 3-6 months visas and ask you to get B1/B2. I have seen 3 cases where they revoke GC for people who were not staying in USA but visiting 2-3 months in a year for long time.

To switch to CP, you can't do anything, your employer will need to ask for that change and later when your date become current , employer needs to provide you emp letter and other docs which you need to carry to consulate.

fromnaija
07-11-2012, 03:40 PM
The form you need is I-824. Check it out and confirm if you or your employer needs to submit the form.

rkanth
07-12-2012, 03:49 PM
Thanks @gc_on_demand and @naija.

Can you also tell if I-824 needs to be applied for both primary applicant (myself) and also dependant (spouse)?

Another question I have is if we need to be in US when applying for I-824 or can it be done after we leave US but before our Advance Parole expires - which is in Dec'2012.