there is a further case for a legal challenge:
those who obtained OCI cards for their US born kids before this PIO nonsense kicked in late last year, and those who are now stuck w PIO only option, are both entitled to equal treatment i am sure. i mean, just due to dumb luck...
i posted in the thread you started - read my post. as you probably know, since you seem to have done your homework, it is possible for a US born indian kid to GET an indian passport. but IMPOSSIBLE to LEGALLY RETAIN it while DEPARTING the US - due to rule 1185.
i know you...
you have your facts wrong. go read the rules in detail at the MHA website.
REGARDLESS of who the spouse of my US-born indian origin cousin is (heck could even be my own real sibling, and the absurdity of this rule would be...
impossible to keep indian passport according to laws
it is my analysis that it is impossible to legally retain indian passport for a US-born kid. to see why, all you need is the following rule:
here is the specific quotation from the US laws...
makes no sense at all
the reqmt of only PIO card and no OCI for an Indian kid born overseas is the most ugly and perverse rule-making exercise ever undertaken. note that i maintain this is a rule-making exercise, not a law, as the law assures citizenship by descent. in other words, this rule is...
I can use EAD at this point until I get 140 approved, then I can file for 824 and immediately try for AC140. Is this correct?
YES. just think of the AC140 as a parallel activity, BUT start it just after you get a fresh EAD/AP - since who knows what BCIS will do if you apply for a renewal...
lawyer is wrong in my analysis
your 485 AP EAD do NOT get automatically cancelled on 824 filing. everything stays valid unless you withdraw it yourself, and receive an official notice from BCIS.
even if the consulate refuses to process your ac140, you can always just cancel your 824 request...
do NOT withdraw any files!
just file an 824 for yourself, and file AC140 with the receipt - with your wife listed as dependant. only withdraw the 485s after you return after a successful interview.
if you can't do AC140, then just wait until INS sends you a letter before final processing of...
to all you folks without faith or hope still stuck....take some heart
i survived the following:
my HR rep didn't cross check and had my 140 sent to the wrong service center. it came back from VSC and was sent to CSC finally.
then my lawyer sent a duplicate 140 and my 485...
got cards today
they're not pink, they're kind of greenish i suppose
PoE on 11/2
Cards recd on 11/21
quite fancy looking with many new fangled security features. the only thing missing is they don't have a 5-dimensional hologram of my private parts for easy identification.
you need work status
you will either need to apply for an extension 7th yr H1 or leave the country until your CP interview.
you can also apply for 485-EAD but you cannot work on EAD until its approved. also i'm not sure how applying for 485 affects your CP. be very careful.
go for it.
your 485 EAD AP are not automatically cancelled. before the 824 is adjudicated, the USCIS will send you a letter confirming that you want to abandon 485 and go CP route.
file 824, and send AC140 once you get receipt. if AC140 is refused, you can always withdraw the 824...
hang in there
there is no way to predict if the visa# will arrive on time or not - you'll just have to keep calling the consulate and checking.
the usual lists for dec are already out, so your case is by exception i imagine.
i wouldn't buy tickets (booking is a different matter). my...
we just got GCs from mumbai
best thing to do is get photos from 'my own photo studio' near consulate day before interview. charge is rs200 for 4 photos same day service and rs100 next day.
they will know latest reqmts and act accordingly