Ac140?

aajoshi

Registered Users (C)
Can anyone please guide me how to start the AC140 process?
What documents are needed and what are pros and cons of withdrawing a pending I-485 and filing I-824.

I am planning to take the AC140 route at Mumbai consulate
 
AC 140 help

aajoshi,

Step1: Go to immihelp.com
Step2: Click on "Consular Processing"
Step3: Click on "Attorney Certified I-140 (AC I-140)"

As far as I know there is no problem moving from AOS to CP and filing I-824. The only thing it sometimes takes about 6 months to get I-824 approved. Though approval are not necessary for all US consualtes. Some US consulates just take I-824 filing notice to process AC-140. Just find out what are the requirements of Mumbai Consulate.

Another thing, AC-140 can be done through an attorney only. I hope you are doing this through an attorney.

Thanks.
 
AC 140 help

aajoshi,

For information about AC-140, please visit the following site.
Step1: Go to immihelp.com
Step2: Click on "Consular Processing"
Step3: Click on "Attorney Certified I-140 (AC I-140)"

As far as I know there is no problem moving from AOS to CP and filing I-824. The only thing it sometimes takes about 6 months to get I-824 approved. Though approval are not necessary for all US consualtes. Some US consulates just take I-824 filing notice to process AC-140. Just find out what are the requirements of Mumbai Consulate.

Another thing, AC-140 can be done through an attorney only. I hope you are doing this through an attorney.

Thanks.
 
Thanks

Thanks cpDelhi. That website was a great help!

I have another question for people who are doing AC140 from Mumbai. The Mumbai consulate seems to need a reason for hardship as one of the criteria for accepting AC140:

"waiting for the INS to process the change-of-status application would cause the applicant hardship"

I would really appreciate if anyone could let me know what criteria people have used to demonstrate hardship.

Thanks in advance...
 
You do not need any hardship. I did this in September and had my interview Oct 28. I didn't give any hardship reason. If you have had a visa issued from Mumbai in the past or they are your home visa post, they will accept it, no questions asked.
 
Thanks pttx01

Thanks pttx01.

What documents you sent to the consulate to start with? I had last 2 L-1 (as it is only issued for 1 year at a time) revalidated in USA itself, but the one previous to that was done in Mumbai. My wife does not hold an Indian passport. Could that cause a problem?

Would you mind giving me your e-mail adress?

Thanks again.
 
one more question -pttx01

hi pttx01,

How long did it take you after filing I-824 to get the consular processing completed?

Thanks
 
hi,

I am waiting for my 140 approval, and I have opted for
CP option while filing I-140.

Now if I have to go for AC-140 then is it possible or not ?
Is there anyone who has a case like this ?

Questions arised because AC-140 needs I824 receipt
and I 824 is to change from AOS to CP option, where as
I have already opted for CP. Can I still get I824 receipt ?

Another point was on Mumbai site it has following note:
http://usembassy.state.gov/mumbai/w...i.html#empcases
==================
NOTE: This procedure only applies in change-of-status cases. If INS has approved an employment-based petition and you had asked from the beginning to apply for the visa in Mumbai, then we must wait for the case to arrive from the National Visa Center.
==================

Also what about "AC I140 application on grounds of hardship"
Does it requires any additional documents or proofs for going
via AC-140 way.

thanks
 
ac 140

check out my queries and resposnses from pttx -we have had discussions re: most queries you guys are asking,
pttx has been great in responding to them. i plan to go for AC 140 myself-if my I140 ever gets approved that is . pending from june 25 02
Question to pttx thoug is, is it wise to apply 824 before or after I-140 approval?
dev
 
Re: ac 140

Thanks for reply, but i have not seen following question answered
by Pttx or you ? and I saw only one user LFG doing this, which
seems confusing as per Bombay consulate web site Note.
user "cpdelhi" answered my question with negative in another thread , if you know more information for such a case let us know.

======================
Question:
AC-140 needs I824 receipt
and I 824 is to change from AOS to CP option, where as
I have already opted for CP. Can I still get I824 receipt ?

on Mumbai site it has following note:
http://usembassy.state.gov/mumbai/w...i.html#empcases
==================
NOTE: This procedure only applies in change-of-status cases. If INS has approved an employment-based petition and you had asked from the beginning to apply for the visa in Mumbai, then we must wait for the case to arrive from the National Visa Center.
==================



Originally posted by dev28
check out my queries and resposnses from pttx -we have had discussions re: most queries you guys are asking,
pttx has been great in responding to them. i plan to go for AC 140 myself-if my I140 ever gets approved that is . pending from june 25 02
Question to pttx thoug is, is it wise to apply 824 before or after I-140 approval?
dev
 
Mumbai FAQ URL (Frequently Asked Questions, Immigrant Visa Unit)

Try this URL if the one given by Sai doesn't work. Both URL have same content. ANd the question is "How do I request consular processing of a pending employment-based case?"
http://mumbai.usconsulate.gov/wwwhimmi.html


Originally posted by sai999

======================
Question:
AC-140 needs I824 receipt and I 824 is to change from AOS to CP option, where as I have already opted for CP. Can I still get I824 receipt ?

on Mumbai site it has following note:
http://usembassy.state.gov/mumbai/w...i.html#empcases
==================
NOTE: This procedure only applies in change-of-status cases. If INS has approved an employment-based petition and you had asked from the beginning to apply for the visa in Mumbai, then we must wait for the case to arrive from the National Visa Center.
==================
 
Last edited by a moderator:
AC140 with cp option in I-140

some more users who have done , AC140 even when they
have selected CP option in their I-140.
V7, bbhaskar, & prasadk
>>>It seems that we need i-824 receipt somehow ?
and the question I have is what you will mention
in I-824 filing ?
one option is changing from AOS to CP (gone for me),
another option is to change consulate, which prasadk did(changing from chennai to mumbai) not available fro me
since I have already mentioned mumbai.

And last and main worry is the NOTE on mumbai web site.
which needs to be explained correctly.

old posts from v7
=================
You can file I-824
I-824 is action on approved I-140 petition.
Does not matter AOS/CP.
I filed I-824 to go for AC-I140, although my I-140 was approved for CP.
Last week Mumbai consulate has also accepted my case. Expecting interview in MAY.
But make sure your attorney send proper documents to consulate. (The list is on their web site)

I think this will help.

-v
==================================

from BBHASKAR
===========
AC-140 doubt about FAQs on Mumbai consulate
Thanks to all for contributing to this thread. I have applied for I-824 even if my case was approved for CP. Let us see what happens next.

BTW I have one more observation on the FAQs posted on the webpage of Mumbai consulate. For the question, "How do I request consular processing of a pending employment-based case?", there is a note in bold faced letters as follows:

"NOTE: This procedure only applies in change-of-status cases. If INS has approved an employment-based petition and you had asked from the beginning to apply for the visa in Mumbai, then we must wait for the case to arrive from the National Visa Center. "

Does this note apply to AC I -140 cases? Though the documentation looks to be referring to AC-140, they have never mentioned the word like "attorney certified" or like that. I could see the information regrading AC I 140 only on www.immihelp.com.

If that is the case, then would it help in filing I-824 if the I-140 is approved for CP? Has anybody successfully gone thr' this process? Moreover, I also read on immihelp.com that filing an I-824 will considerably delay the process. Is that true?

Regards,
Bhaskar...
=====================
Case accepted at Mumbai
Guys,

After a long silent period, Mumbai consulate has accepted my case after receiving I-824 receipt. So it seems that they are not caring whether the I-140 is approved for CP or AOS. They just need a receipt of I-824! Let us see how it goes from here. Probably my interview will be sometime in June now! (Gosh, why did I not apply for AOS, it is taking similar time, almost 5 months!)

anyway this was just FYI.

-- Bhaskar...

=====================


from prasadk
-----------------

thank you guys v7 and bbhaskar
Because of valuable information from you guys I was able to send AC140 to Mumbai even though I have I-140 approved for CP. They accepted it. I was relieved from this agony from 2 months.

Thank you once again.

=============================
 
SAI, IS IT GOING TO BE JUNE BEFORE YOU GET AN INTERVIEW ALTHOUGH YOUR CASE HAS BEEN ACCEPTED IN FEB BY BOMBAY CONSULATE?
I AM TRYING TO MAKE A DECISION AS MY AOS IS PENDING NOW FROM LAST 6 MONTHS AND MY I-140 FROM 8 MONTHS.
 
Originally posted by dev28
SAI, IS IT GOING TO BE JUNE BEFORE YOU GET AN INTERVIEW ALTHOUGH YOUR CASE HAS BEEN ACCEPTED IN FEB BY BOMBAY CONSULATE?
I AM TRYING TO MAKE A DECISION AS MY AOS IS PENDING NOW FROM LAST 6 MONTHS AND MY I-140 FROM 8 MONTHS.

I am waiting for I-140 approval, and trying to find out
ways to do the CP faster.
Why is your I-140 pending for 8 months ?
 
good question. i have no answer. my attorney has no answer other than to wait. any suggestions! EB2/RIR.
 
Last edited by a moderator:
aos and ac140

dev28, did you check with your attorney if filing 824 cancels the pending 485 immediately? my attorney has no idea about AC140 process.
 
Originally posted by dev28
Sai, are you planning on AC 140? or regular CP route/

I would like to go for AC140 , but as I have mentioned
cp option while filing I-140, I am doubtful about
how can I get I824 ? Which is required when we change from
AOS to CP...
waiting for someone to clarify this or some
suggestions or work around...
 
AOS v/s CP

hi everyone,
I have two very specific questions.

I am currently on F-1 and shortly getting married. My fiance is on H-1B. He has his I-140 already approved in which he had opted for the AOS option rather than CP.

After getting married we were thinking of doing I-485 through AOS. But since it is taking a longer time, we are now thinkign of doing it through CP .

If we want to do CP now, can we do it ? Whats the procedure for that and roughly how long would it take to get an interview in the mumbai consulate.

Also, until the time we go to india for the interview what visa status would we be on?
Would we still continue to be on F-1 and H-1 respectively so that we can continue working/studing ?

would appreciate everyone's feedback/comments.
thanks
 
Re: AOS v/s CP

Originally posted by mpd
hi everyone,
I have two very specific questions.

I am currently on F-1 and shortly getting married. My fiance is on H-1B. He has his I-140 already approved in which he had opted for the AOS option rather than CP.

After getting married we were thinking of doing I-485 through AOS. But since it is taking a longer time, we are now thinkign of doing it through CP .

If we want to do CP now, can we do it ? Whats the procedure for that and roughly how long would it take to get an interview in the mumbai consulate.

Also, until the time we go to india for the interview what visa status would we be on?
Would we still continue to be on F-1 and H-1 respectively so that we can continue working/studing ?

would appreciate everyone's feedback/comments.
thanks

It is possible to change from AOS to CP process by filing I-824. However with Mumbai Consulate, it is also possible to take the AC 140 route( Attorney Certified 140) which would save lot of time.

If it is the AC 140, it can take anything like 4 to 5 months for completion. I have no idea at which point in AC 140 process one
can include spouse.

Irrespective of your VISA status, it is possible to include you in the case (ONCE YOU ARE MARRIED). But this inclusion has to happen before the Consulate fixes the interview date.

Raju
 
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