Narrative:

WX at service was 10 SM visibility; but with thunderstorms in the vicinity. A VFR departure was not feasible due to low cloud bases. We decided that an IFR departure as filed would keep us out of the major storms. I called ZAB on the phone; and I received an IFR clearance service 'abq as filed.' after we departed service; I called up ZAB on the radio; and their response was 'aircraft X maintain VFR; I have an aircraft on the approach.' I insisted that we had a valid IFR clearance and the controller gave new instructions to the other aircraft to maintain separation. At service; there is no radar contact below 10000 ft MSL due to terrain. This is now the second time that I was cleared service 'abq as filed' and then was told to 'maintain VFR.' possibly there is a communications problem with ZAB.

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Original NASA ASRS Text

Title: IFR DEP FROM SVC VOICED CONCERN REGARDING ZAB'S ASSUMPTION THAT VFR WAS POSSIBLE DURING CLIMB OUT WHEN WX PRECLUDED SAME.

Narrative: WX AT SVC WAS 10 SM VISIBILITY; BUT WITH TSTMS IN THE VICINITY. A VFR DEP WAS NOT FEASIBLE DUE TO LOW CLOUD BASES. WE DECIDED THAT AN IFR DEP AS FILED WOULD KEEP US OUT OF THE MAJOR STORMS. I CALLED ZAB ON THE PHONE; AND I RECEIVED AN IFR CLRNC SVC 'ABQ AS FILED.' AFTER WE DEPARTED SVC; I CALLED UP ZAB ON THE RADIO; AND THEIR RESPONSE WAS 'ACFT X MAINTAIN VFR; I HAVE AN ACFT ON THE APCH.' I INSISTED THAT WE HAD A VALID IFR CLRNC AND THE CTLR GAVE NEW INSTRUCTIONS TO THE OTHER ACFT TO MAINTAIN SEPARATION. AT SVC; THERE IS NO RADAR CONTACT BELOW 10000 FT MSL DUE TO TERRAIN. THIS IS NOW THE SECOND TIME THAT I WAS CLRED SVC 'ABQ AS FILED' AND THEN WAS TOLD TO 'MAINTAIN VFR.' POSSIBLY THERE IS A COMS PROB WITH ZAB.

Data retrieved from NASA's ASRS site as of January 2009 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.