Ac 140

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gcbad

Registered Users (C)
kd1403 appreciate if you can help me understand the AC 140 process.
Here is where I am in the GC process. I 140 approved, I 824 received receipt. Plan to go for CP in Mumbai.
All I need now is clear instructions on what the next steps are and what needs to happen. Sorry about such a stupid question but I am not lucky to have a good lawyer.
Is the info on immihelp about AC 140 accurate.

Thanks again.
 
gcbad:

The best source is http://www.immihelp.com/gc/consular/ac140.html

But here is what you/ your attorney needs to do at a high level (for details refer to the above link):

1. Complete AC I-140 packet which is
- Fill out DS 230 part 1 for each candidate
- Get a hardship letter from attorney
- Copies of all your non-immigrant visas including I-140 approval
- AC I-140 cover letter
- completed ds 2001
- copies of your passport to prove you qualify for mumbai consulate cp.
- there may be couple other documents but check the above site!

2. Mail this packet to consulate and your attorneys can expect a reply to your AC I-140 application in about 4 weeks of mailing

3. And once the application is accepted the expect interview in about 2.5-3 months from then. If rejected due to incomplete documentation then provide documentation and follow step 2 and 3 again!
 
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Thank you kd1403.
One of the documents you mentioned copies of all immimgrant visas, I guess you mean Non Immigrant visas (H1, F1 etc.)
Also can someone please post a sample of the hardship letter to prove the reason for AC 140.

Hopefully I'll have all the documents ready to be sent to Mumbai consulate this week.

Thanks again.
 
gcbad:

Yes I meant non-mmigrant visas...updated above!

There is no GOOD sample letter of hardship available. But basically have your attorney type a letter on their law firm letterhead stating details of your case and state that waiting for I-485 approval will cause hardship. This is what many folks have done and has worked in the recent past.
 
gcbad

I did AC140 through Mumbai and did not include any hardship letter in the application. Mine was EB2 case. However you can follow kd's suggestion and send a letter stating 485 delay (and any other valid reason!) to be safe.

KAT02.
 
One of my friends did not use attorney for I-140 application? He is planning to go Mumbai for CP. Can he still use CP with AC-140?
 
tammy:

1.) AC I-140 is a process for those folks who have opted for 485 in their I-140 application and who NOW want to go CP route by filing I-824. AC stands for attorney certified and hence an attorney is required for certification of certain immigration documents. This process bypasses NVC and goes straight to the consulate.

2.) When one has opted for CP in the I-140 application can proceed with the CP process on I-140 approval with or without an attorney. This process goes via NVC then to the consulate!

If your friend opted for 2 then he should follow the regular CP route and not AC I-140 with/ without attorney which is his decision to make!
 
gcbad

You can also ask your atttorneys to include this State Department cable in your AC140 application to the consulate.

http://travel.state.gov/state180792.html

This will help in supporting your hardship claim. Again, as long as you fall under Mumbai consulate jurisdiction and all your paperwork is in order, you should be able to get a case # soon.

Good Luck
 
thanks folks for all this useful info.

kd1403 when you say the attorney needs to certify certain documents, can you be more specifc which documents and by certification is it similar to notarizing all the documents.

Hopefully I will be sending out my entire package to mumbai consulate by next week. My lawyer needs to get his act together.
Is there I need to start preparing / doing in the mean time I am waiting for my appointment. What about Police Clearance? If required where do I need to get it from.

Really appreciate all the help.
 
gcbad:

When I say certify I meant, in a cover letter (part of your ac i-140 packet) explicitly state all the documents included in the packet and in case of photocopies, state that they are true copies of the originals.

As far as PCC (required document) is concerned either now or once you have mailed your AC I-140 packet to the consulate, you can apply for your PCC as it will take about 6 weeks to get the clearance! If you are in usa then 1 pcc from indian embassy in usa. If you are in india then 1 from local police/ commissioners office AND 1 from regional passport office in india! So 1 pcc if you are in usa and 2 if you are in india!
 
vanka:

No it is not possible to pursue AC I-140 without I-824 filing coz I-824 is the form that authorizes the consulate to accept your case which was earlier within the jurisdiction of the USCIS.
 
Thanks KD1403 for your reply. But my atterny say's we can do AC 140 with applying I- 824 ? He insisted and sent DS 230 part 1 to Mumbai in last week? I am waiting for US counslate decision.
I am wondering , what are the chances for accepting my case ?
Thanks
Srini
 
srini:

I am a little confused since your initial posting mentioned can one file AC I-140 without filing I-824. And my answer was and is NO.

ANd now you posted that your attorney mailed AC I-140 which technical should mean he filed I-824 and included I-824 receipt in that AC I-140 packet. If this is true then your case should be accepted although it would take about 3-4 weeks to hear back from the consulate! On the other hand, if your attorney has not filed or included I-824 receipt then the case will not be accepted for incomplete documentation i.e missing I-824 receipt.
 
I think srini's attorney sent the AC-140 to the consulate without filing the I-824 to test his theory that filing of I-824 is not mandatory for accepting AC-140 cases.

Raju
 
Originally posted by Raju595
I think srini's attorney sent the AC-140 to the consulate without filing the I-824 to test his theory that filing of I-824 is not mandatory for accepting AC-140 cases.

Raju
Click to expand...
Even if the theory is proved right, What is being achieved here?

Needing the 824 receipt is just a few more days to the whole process, right?
 
alren:

U R right about I-824 receipt taking only about 2 weeks. But if the application is not accepted then that would add another 4-5 weeks in apply for I-824 plus sending it to the consulate!

And what is the deal with declaring the innings with someone on 194? Never got that! We can take this part of conversation offline!
 
Exactly, 2 weeks is not much of a issue to make sure your due process is done.

I don't know what these a**orneys are upto. When there is a well established workflow, why try to circumvent it without much benefit (like this one as well as the other adding the spouse and fee bill thread)

P.S. - I should've known this coming. Where did u say U were from Ghatkopar, mulund ??? is not far from Shivaji Park .:D ('ll PM you later)
 
Guys,

Please see the following question that I have. I have the same question in other thread as well, I try not to do that but since I did not get any reply from anyone so I thought people might have missed it.

See Kd1403, I'm so used to gettting reply quickly from ya'll so can't wait more than a day ..see you spoiled us....

Anyway let me know your thoughts..



By the way, declaring at 194 should be remembered as the day when John Wright's belief in putting the team ahead of the individual was clinically put into practice. Plus Sachin is too mature a cricketer to wonder where his next double-century is going to come from.


________________________________________________


Kd, Raju and other gurus :

I was wondering if having a canadian premenent residency may raise any questions during AC-140 , GC interview?

I know directly it does not have any connection. but just curious !!

Well, I am also canadian PR, I also applied few years back like other Non- immigrant due to lay off threats in USA and I received it last year.

I was jus thinking that US consulate may raise a question the way Canadian consulate asked me when I went for my Canadian PR interview at POE in Toronto that even though you are on work visa in USA , why do you want to move to Canada ?

Do you know if anyone had same situation when they went to US PR interview ?

Thank you for your reply as always .
 
Damn!

Originally posted by Victor3536

By the way, declaring at 194 should be remembered as the day when John Wright's belief in putting the team ahead of the individual was clinically put into practice. Plus Sachin is too mature a cricketer to wonder where his next double-century is going to come from.
Click to expand...

damn you stole the thunder out of my would be offline conversation with kd .... :rolleyes: ;)

Hey kd, did you post your interview exp? point to the thread please.
 
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