New TSC Attachment to Form I-140
Posted Aug 31, 2001

Many people, including we at The Law Office of Sheela Murthy, P.C., have observed that the Form I-140 (Immigrant Petition for Foreign Worker) does not clearly ask the question as to whether a person will elect to adjust status (file I-485) in the U.S. or to consular process for a visa abroad. As mentioned in the MurthyBulletin before, the I-140 form was changed some months ago, but it still remains ambiguous.

To ensure the INS' clear understanding as to the beneficiary's choice on adjustment of status (AOS) versus consular processing (CP), the Texas Service Center (TSC) has devised a simple, clear attachment to be used with the I-140 petition. The form is to be copied onto orange paper. It states the two possible choices in large, block capital letters. The beneficiary is requested to place an "x" before whichever line is applicable. One line says, "Applicant requests consular processing abroad" and the other says, "Applicant will adjust in the United States."

So far, TSC is the only Center using this form. We know that those who change to CP after first opting for AOS have had to file the I-824 with the INS. Since September 2000, most consulates in employment-based cases will accept the I-824 receipt notice with a copy of the I-140 petition and accompanying documents. Still, some consulates such as the U.S. Consulate in Chennai, India require the I-824 to be approved and the Packet 3 to be generated before accepting the case to issue the CP interview date. This causes delays in obtaining the immigrant visa. A person should carefully consider the option of CP versus AOS at the time of filing the I-140 to avoid additional delays and expenses.