AC I-140 Cases

S

Srigc

Registered Users (C)
Hi There,

My CP opted I-140 got approved April3rd 2003, after approval NVC never received my file, wiated for more than 90 days, NVC told file might be missing somewhere, so they issued a letter stating to re apply I-140 petition again, which is so weird !!!
After consulting so many people, i have no choice left other going fo AC-140, applying for I-824, which i did. the other aoption is AOS, which iam not intrested from the begining

I sent AC-140 file to Chennai consulte on 01/08/2003. Dont know whether they accept it or not, i explained them what happen with my case and why iam applying for i-140, mentioned them that my 6-year of h1b is expiring on Oct 31st 2003.

my questions to you guys

1) How long does it took for Chennai consulate , whether they accept or deny the file(AC-140)??

2) Attorney Certified means, Attorney has to sign on all documents (petition) or jsut he write a letter saying that he certified these documents, which my attorney did as he has no knowledge of AC I-140,,,Do you guys see any problem with that?

3)If Chennai rejects can i go to other consulate?

4) I alredy prepared to go for AOS(I-485, AP, EAD) as soon as i come to know the result from Chennai consulate
If i go this route,,still i guess i can keep trying for AC 140, with other consulates or Chennai consulate before or after I-824 approval???

5) One more situvation, as my H1B 6year period is getting expired this October 31st.
I recently got to renew my H1B as it was expired March 31st. I thought they will approve upto October 31st(because 6year period endsthat date), but they gave me 3 year period upto 2006.

In this case if i dont get Chennai Interview(if they accept AC I-140) or EAD approval (if i go for AOS). do i need to apply H1B again for One year (7th year) based on new rule XXX) or can i use recent approval upto 2006???

lots of confusion??? your suggestions are really appreciated

Sri :confused:
 
1) How long does it took for Chennai consulate , whether they accept or deny the file(AC-140)??
answer: About 4-6 weeks after ac i-140 papers have been mailed to chennai. But generally chennai does not accept ac I-140 process. Hopefully they make an exception here. If accepted your attorney will get an email with a case number else an explanation why they cannot proceed.

2) Attorney Certified means, Attorney has to sign on all documents (petition) or jsut he write a letter saying that he certified these documents, which my attorney did as he has no knowledge of AC I-140,,,Do you guys see any problem with that?
Answer: As long as he did that and included all required documents you should be fine.

3)If Chennai rejects can i go to other consulate?
Answer: Yes very much and this would be easier to do after chennai rejects and explanation would be the email your atorneys get form chennai consulate if rejected. Bbay and NEw Delhi will accept. Better chance at bbay.

4) I alredy prepared to go for AOS(I-485, AP, EAD) as soon as i come to know the result from Chennai consulate
If i go this route,,still i guess i can keep trying for AC 140, with other consulates or Chennai consulate before or after I-824 approval???
Answer: If not chennai, bbay will definitely accept. So dont worry about changing to AOS.

5) One more situvation, as my H1B 6year period is getting expired this October 31st.
I recently got to renew my H1B as it was expired March 31st. I thought they will approve upto October 31st(because 6year period endsthat date), but they gave me 3 year period upto 2006.
In this case if i dont get Chennai Interview(if they accept AC I-140) or EAD approval (if i go for AOS). do i need to apply H1B again for One year (7th year) based on new rule XXX) or can i use recent approval upto 2006???
Answer: IF your 6th year ends on 31st octoebr 2003 then how come BCIS issued h-1b until 200. Thats interesting.! Consult an attorney on this one and do let us know the outcome! My impression is that you will need to apply for 7th year extension..but as i said consulat an attorney on this question for sure.
 
Thanks

just keeping my fingers crossed, hoping to hear positive reply from Chennai consulate...

About:
5) One more situvation, as my H1B 6year period is getting expired this October 31st.
I recently got to renew my H1B as it was expired March 31st. I thought they will approve upto October 31st(because 6year period endsthat date), but they gave me 3 year period upto 2006.
In this case if i dont get Chennai Interview(if they accept AC I-140) or EAD approval (if i go for AOS). do i need to apply H1B again for One year (7th year) based on new rule XXX) or can i use recent approval upto 2006???
Answer: IF your 6th year ends on 31st octoebr 2003 then how come BCIS issued h-1b until 200. Thats interesting.! Consult an attorney on this one and do let us know the outcome! My impression is that you will need to apply for 7th year extension..but as i said consulat an attorney on this question for sure.
****************
I talk to one attorney, but he is not sure
I dont know how they gave upto 2006, I guess my employer in I-129 petition request for 3 years without having knowledge of my 6year period expiry date.
Still i guess BCIS should findout that and has to approve till the end date of 6 year period, which happened to one of my friend
But i dont know how they did it to me???
 
srigc:

i wish i could help you with a straight forward answer on question 5. But unfortunately i do not have the experience in that regards. But i would suggest escalate it to Rajiv Khanna's paralegal and also post the question on murthy chat. Although we know this was an error on the part of BCIS, it is better to be safe than sorry and hence consult one og the above.
 
Chennai consulate didn't accept my AC140 case stating Limited Manpower & Workload

Just now received Letter from attroney about
Chennai consulate didn't accept my AC140 case stating Limited Manpower & Workload..

Kdivekar,
Do you think Mumbai consulate accepts my case??
Even though i am not a resident of Mumbai consular district???
I will try sending to Mumbai consulate anyway?? I just want to know what are my chances??

experts suggestions appreciated

Thanks
Srigc
 
Yes, you should be able to tell your attorney to send an email to the chennai consulate and have them transfer the case to bombay. It will take about 3.5-4 months from the time bbay accepts your case for you to get the interview.

If you click this link and scroll tot he very bottom you will notice that in exceptional cases such as yours, bbay has processed immigrant visas for non-bbay candidates (from kuwait, madras and new delhi)
http://mumbai.usconsulate.gov/wwwhappt.html

I am not sure about the steps to transfer the case from one consulate to the other. But i remember reading that the change consulate request needs to be placed by the attorney on the case to the consulate (old and new) which would be chennai and bombay. But check with your attorney about the steps to change the consulate.
 
Do you think Mumbai consulate accepts my case??Even though i am not a resident of Mumbai consular district???
answer: YES

I will try sending to Mumbai consulate anyway?? I just want to know what are my chances??
Answer: Pretty high. But will take about 3.5-4 months to get interview from the time bbay emails your attorney with a case number.
 
Thanks Kdivekar

Thanks Divekar...............
Chennai Consulate sent back all the documents(AC140) my attorney sent. along with a letter stating that they cannot process because of Workload/Limited manpower do not permit us to accept my case.

When i send again to Mumbai, what my attorney need to emphasis, I need to suggest every thing to him as he is not good at AC-140's, he never did before

What other things i need to take care before sending to Mumbai??

Thanks
Srigc
 
I am not sure what the exact process would be but here are my two cents:
* Post a question on http://www.murthy.com/chat.html and ask Sheela Murthy since Madras did not accept, would Bombay accept and is the process the same!
* Your attorney needs to re-submit your AC I-140 papers to Mumbai consulate
* Include a cover letter with an entire story that you applied to Chennai and they have rejected for the reasons mentioned.
* Definitely include a copy of the letter sent by Chennai explaining the reason for non-acceptance

I am sure this will work coz I have been following mumbai interview schedule since april 03 and have noticed about 4-5 cases coming from new delhi and madras and in some cases other non-indian consulates! I remember reading an article where someone changed consulates for same reason as yours. I will look for that article on this forum.
 
kdivekar,

My case was similar to srigc,chennai consulate refused to process my AC 140 applications and returned in july 30 to attorney giving the same work load constraint reason.And I emailed mumbai consulate asking them if they accept applications.But I got no reply till now..thought I tried requesting 2 times.

But anyways Iam lucky now,to get my I-824 approved on august 20th after waiting for 6 months and rest of the steps should be OK.

Srigc,

Have you checked your I-140 Approval notice?Is it approved for CP or AOS?Some times there is some mixup in INS they will do all sorts of weird things.I have a instance of my collegue,who applied for AOS but got approved for CP.
 
My I-140 Approved for CP (Chennai)

Ac140AMadras,
My I-140 Approved for CP at Chennai,

Kdivekar,
One more important suggestion please..

Can i apply 485/AP/EAD when iam waiting from Mumbai for AC-140 Process????

If i can can my wife take medicals in India, as she went to India for her brother marriage in Oct 2003, She went to India in June 2003, after staying here for almost 2 years

Sringc
 
Can i apply 485/AP/EAD when iam waiting from Mumbai for AC-140 Process????
ANSWER: I would suggest not to change process from CP to 485 since this may cause confusion. But would advise you to consualt an attorney before making a decision.

If i can my wife take medicals in India, as she went to India for her brother marriage in Oct 2003, She went to India in June 2003, after staying here for almost 2 years
ANSWER: I am assuming this medicals you are talking about is for CP. If thats the case, it is recommended not to get medicals done more than 30 days prior to cp interview date and it can be done only from the list of hospitals/ doctors recommended by INS/ BCIS/ Consulates.
 
Sorry..Iam talking about Mediacals for I-485 not CP

Kdivekar,
sorry for little confusion, iam talking about if i choose to go for I-485, can my wife do her mediacals in India, B'cos she is there right now or she has to come US for that

Thanks
Srigc
 
srigc:

If you have not yet posted this question on 485 forum, try posting it there as you may get an appropriate and most important a more accurate response to this question.
 
I had sent a request query to mumbai consulate whether they accept my AC-140 after my chennai consulate refusal.This is what I got.


From: "Mumbai, Consular" <ConsularMumbai@state.gov> | This is spam | Add to Address Book
To: "'devarajas@yahoo.com'" <devarajas@yahoo.com>
Subject: RE: Attorney certified i-140
Date: Tue, 9 Sep 2003 02:51:42 -0400






Regrettably, due to our current workload and limited resources, our
office
in Mumbai will not be able to accept this case.





-----Original Message-----
From: Devarajan Srikanth [mailto:devarajas@yahoo.com]
Sent: Friday, August 08, 2003 11:21 AM
To: MUMBAI, I V
Subject: RE: Attorney certified i-140


I belong to chennai consular district and my request
for AC-140 was refused due to current workload in
chennai consulate doesn't permit for them to process
such application.So I would like to know if mumbai
consulate accept my AC i-140 applications.Please help
us.

Thanks,
Srikanth
 
Finaly i have convinced my lawyer and she has agreed to go for AC I140 at New Delhi consulate. Any one with AC I140 experience please help.

My lawyer would be sending packet 3 to NWD consulate with the following documents. DS 230 part 1, OF 169, I 140 approval notice I 797, Documents supporting that my place of last stay was New Delhi, Covering letter and letter of hardship. Have I leftout anything? Please respond.

After sending packet 3 about how long will it take to get an interview at New Delhi consulate?
 
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