AC-140 related questions

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rrajendr

Registered Users (C)
Hi experts
Please answer my below questions on AC-140.

*I belong to Chennai, India consulate. I have heard from the forums that AC-140 is very hard to convince there. I also heard about TNC CONSULAR PROCESSING in Mexico, other countries. Now my question is it still possible at Mexico or other closeby countries to do TNC consular processing? If so please let me know the procedure?
*Has anyone recently performed AC-140 at CHENNAI,INDIA. Basically am left with 2 yrs of my H1B period and about to make the decision to file for concurrent processing or take the I-140, consular processing route. How easy is it to convince Chennai on Ac-140 route?
*Lets say I go with concurrent processing route and my I-140 gets approved while I-485 is pending. Is there ANY TIMELINE before which I-824(to file for AC-140) should be applied to switch from AOS to CP.
* Will I be in CP or AOS if my AC-140 is not accepted by the consulate?
* Lets assume initially I was performing AOS and then switched to CP by taking the AC-140 route and then wanted to go back to the ALREADY PRE-EXISTING AOS route. Could it be done and if so what is the process?

Thanks
 
rrajendar:

* I belong to Chennai, India consulate. I have heard from the forums that AC-140 is very hard to convince there. I also heard about TNC CONSULAR PROCESSING in Mexico, other countries. Now my question is it still possible at Mexico or other closeby countries to do TNC consular processing? If so please let me know the procedure?
Answer: As of today, Chennai does not accept AC I-140. Research on google for TNC @Mexico since not much information on this site.
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*Has anyone recently performed AC-140 at CHENNAI,INDIA. Basically am left with 2 yrs of my H1B period and about to make the decision to file for concurrent processing or take the I-140, consular processing route. How easy is it to convince Chennai on Ac-140 route?
Answer: See above.

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*Lets say I go with concurrent processing route and my I-140 gets approved while I-485 is pending. Is there ANY TIMELINE before which I-824(to file for AC-140) should be applied to switch from AOS to CP.
Answer: No there is no timeline to file I-824 just that if you are on 485 for 2+ years it may not be advantageous to file I-824 to change to AC I-140 since anyway you will get yoru gc approval ni another 6-9 months assuming 485 approval is taking 2.5 years these days!

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* Will I be in CP or AOS if my AC-140 is not accepted by the consulate?
Answer: If AC I-140 application is not accepted then you will be on AOS. But if you question is if cp interview thru AC I-140 is not successful then all bets are off and you are hosed in your home country since your h-1b and pending AOS will be terminated immediately and u cannot return to usa.

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* Lets assume initially I was performing AOS and then switched to CP by taking the AC-140 route and then wanted to go back to the ALREADY PRE-EXISTING AOS route. Could it be done and if so what is the process?
Answer: You can do this before your AC I-140 interview is scheduled but writing a letter to USCIS to terminate the I-824 process as you want to fall back on AOS and then your AOS process will continue as before.

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Having answered all your questions, I would personally recommend spending MORE TIME NOW thinking whether u want to do AOS or CP since AC I-140 as of today is not an option for folks expected to interview at chennai.
 
Hi Kd143, other experts
Thanks kd143 on your reply. Based on your answers I have the following questions.

* Will I be in CP or AOS if my AC-140 is not accepted by the consulate?
Answer: If AC I-140 application is not accepted then you will be on AOS. But if you question is if cp interview thru AC I-140 is not successful then all bets are off and you are hosed in your home country since your h-1b and pending AOS will be terminated immediately and u cannot return to usa.

Based on your anser, I see that I AUTOMATICALLY fall to AOS if AC-140 is not accepted by the consulate. However I have heard that I would be in BOTH CP AND AOS (since after filling for I-824 USCIS or NVC sends a letter to my lawyer requesting whether I would prefer AOS or CP . Hence till this phase BOTH AOS AND CP are PARALLELY in process. Only when my lawyer replies back that I would like to proceed with AOS then I am on AOS ONLY else I am in CP ONLY). Please correct me if I am wrong.

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* Lets assume initially I was performing AOS and then switched to CP by taking the AC-140 route and then wanted to go back to the ALREADY PRE-EXISTING AOS route. Could it be done and if so what is the process?
Answer: You can do this before your AC I-140 interview is scheduled but writing a letter to USCIS to terminate the I-824 process as you want to fall back on AOS and then your AOS process will continue as before.

Based on your answer you reply that I could switch back to my PRE-EXISTING AOS if I send a letter to USCIS to terminate my I-824 process BEFORE the AC-140 interview. Since AC-140 interview process happens approximately 4-5 months after I file for it how SOON should I send the letter to USCIS to give them SUFFICIENT time to acknowledge my cancellation of my I-824. Is there any FIRM TIMELINE GUIDANCE on sending this letter.

Thanks
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rrajendar:

It is difficult to reply to your questions with such little information and there can be various permutations-combinations the structure in which you are asking questions.

I will repeat one thing since your consulate is CHENNAI i would strongly urge to spend MORE TIME NOW thinking whether u want to do AOS or CP since AC I-140 as of today is not an option for folks expected to interview at chennai.
 
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