Changing from Adjustment of Status to Consular Processing
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For most kinds of immigrant petitions, for example, a family-based petition for an alien relative (form I-130) or an employment-based petition for an alien worker (form I-140), the petitioner should indicate whether the foreign national beneficiary will apply for an adjustment of status (form I-485) from within the United States or applying for an immigrant visa at a U.S. consulate abroad, normally referred to as consular processing.
If the immigrant petition indicates that consular processing will be utilized, yet the foreign national instead decides to apply for adjustment of status, form I-485 can commonly be utilized as normal. Then again, if the immigrant petition demonstrates that the beneficiary will apply for adjustment of status, yet the beneficiary rather chooses to utilize the consular processing option, an application for action on an approved application or petition (form I-824) normally should be submitted to the U.S. Citizenship and Immigration Services (USCIS).
Use Form I-824 to Transfer Case to National Visa Center | Consular Processing
If the consular processing option is demonstrated on an immigrant petition. After the petition is approved, the case is sent to the National Visa Center (NVC). When the need date is current, or at least close to becoming current, the NVC transfers. The case to the appropriate consulate and the beneficiary is scheduled for an interview.
[H-1B visa: The US reaches the cap for 2023]
If the immigrant petition demonstrates that the case will be completed utilizing the adjustment of status option. However, if the beneficiary decides rather switch to consular processing. Form I-824 is required to have the case transferred to the NVC. Form I-824 generally should be filed as soon as possible, as it can require months to adjudicate. Further, note that, for most sorts of cases, the petitioner (usually the employer for an I-140 case) is required to sign the I-824.
Conclusion
The procedural requirements in the U.S. immigration system can be confusing. This is one of the many reasons that it often is best to work with an experienced attorney. Those who can help you all through the whole immigration journey.
