AC-140 from Delhi instead of Chennai?

[rk4gc]

Hi,

I mostly lived in Andha Pradesh, all my schooling is from A.P and my parents still live in A.P. But I got my Visa Stamped from Delhi. I was last working in Delhi and recieved my H-1 while I was in Delhi.

I already filed for my I-140/I-485. I am thinking of going for CP once I-140 is approved. I understood from this forum that I need to fiile AC-140 to swich to CP. At the same time I realized AC-140 is not entertained at Chennai Consulate.

So the question is, as I had my Visa stamped from Delhi ( all the extensions are done in US, the only stamping I had from India is from Delhi), can I apply for CP to Delhi Consulate? My wife's H-4 is stamped from Chennai Consulate though, is it going to be a problem?

Please let me know your thoughts and suggestions. I greatly appreciate your help.

thanks,

 

[Rajeev Kumar]

You don't lose anything by applying...

but the embassy decides if they should accept your application or not. The usual criterion is to accept cases from their jurisdiction only. If your present HOME address in India is in AP, chances are that your application won't be accepted, even if you obtained previous visae at Delhi. However, if your appln is accepted, your wife should not have any problems with getting an appt with you. Good luck.

PS. The only problem with your case might crop up when you file for I824 to change from 485 to CP. If your AC140 is not accepted at Delhi, you will have to wait for I824's approval before going for CP at chennai; and that won't give you substantial time savings compared to 485 and actually may deprive you of the benefits of AC21. There have been observations that once you file for I824, INS may not process your I485. Check with an attorney before you proceed.

 

[rk4gc]

Many thanks for the reply. I wanted to know whether its possible, now I can go after my lawyer .