*** After 140 approval & Before case sent to consulate

Conversion to CP not automatic

Cannon576,

Approval of I-140 and not applying for AOS (I-485) doesn't mean that you will be automtically queued for CP. I am sure you or your attorney stated AOS or CP when filing for I-140.

If you opted for CP when filling I-140, you don't have to do any thing. INS will automatically send the your application to NVC - Portsmouth for CP proecessing. You will then receive the request to pay the fees.

If you opted for AOS (I-485 route) when filing I-140 and now you wish to do CP, then you will have to file I-824. You may be able to do AC-140 if the US consulate in Chennai allows you to do. You should file I-824 as soon as possible because it takes roughly about 6 months for approval.

As far marriage is concerned, you can do it when ever you wish to before going for final CP interview. But it is advisable to do as early as possible so that the filing for your wife can be streamlined.

Thanks.
 
CPdelhi,

Thanks for your response. I filed for I824 recently. Do you mean to say, it takes 6 months, that is not until june, it would go to the consulate in India? And two to three months thereafter?

That would mean my interview would be somewhere in August/Sept 2003. Under that case it would be wise to submit for AOS, atleast the portability clause gets into effect.

OR can we file both I485 and I824 at the same time?

Thanks,
Aj.
PS: I think it would speed things up if you do AC-140? right? Lot of questions sorry......
 
AJ,

Its takes approximately 6 months for I-824 approval. The actual time period is dependent on each individual's case and the processing center workload also. Hence it might be a longer or shorter time duration on each case.

I am not sure what you want to do? AOS or CP? Actually you can get the benefit of having a EAD if you opted for I-485 when filing I-140. Once you have I-140 approval you can file for EAD. As soon as you get EAD, you may then file for I-824 to change processing type to CP and do AC-140. This way you use the best of two routes. But this could be a little messy. So be cautious and talk to your attorney before you take any steps.

So make sure you know what you want and which way?

URLs to visit for good source of information:
www.immihelp.com
www.imminfo.com

Thanks.
 
re:where did u see that info AGW ??

Originally posted by sri-IL
you will be screwing your case completely.. anyhow its your case..all the best.
Click to expand...

SRI-IL,

Sorry Sri-il, I just logged in after quite some time. For response to your question on Dec 19th, Here are the excerpts from the Mumbai consulate web page:

How do I request consular processing of a pending employment-based case?

On a case-by-case basis, the U.S. Consulate General in Mumbai is accepting employment-based immigrant visa cases for processing when all the following conditions are met:

INS has already approved an E1 or E2 category immigrant visa petition and the applicant has an original I-797 form,
the applicant is a resident of the Mumbai or Calcutta consular districts,
the priority date of the case is current or could reasonably be expected to be current within 60 days (we will not warehouse non-current cases),
waiting for the INS to process the change-of-status application would cause the applicant hardship,
the applicant has copies of all pages that made up the original immigrant visa petition,
there does not appear to be any indication that the case is fraudulent,
I-824 Fee Receipt required.
If you believe that your case meets these conditions, forward copies of your I-140 paperwork to the Immigrant Visa Unit, U.S. Consulate General, 78 Bhulabhai Desai Rd., Mumbai 400026 India with:

the original I-797 Notice of Approval Form
complete forms OF-169 and OF-230, part 1
an e-mail address where we can contact the attorney with confirmation that we have accepted the case
Click to expand...

I guess this is the procedure, one can use for AC-140 right? One has to file for I824 and attoney can submit them to the Consulate.

Also I see some posts where people have done :
http://www.immigrationportal.com/showthread.php?threadid=68259

If there is 1% chance of screwing the case, I want to know about the complications, if any.

Guys, please help.
AJ
 
HR person in my company told me that CP is the option specified for I-140. I havent verified it with my lawyer. But, if its true, it should be a smooth process.
I-140 AD 12/12/2002 EB3 LC Substitution
I-140 hardcopy received by attorney on 12/17/2002
NVC has not yet received my case yet.
planning to check after another 15 days, though it says to check after 90 days. Hope to be done with interview by Oct/Sep 2003. :)
Thanks
 
Originally posted by cannon576
HR person in my company told me that CP is the option specified for I-140. I havent verified it with my lawyer. But, if its true, it should be a smooth process.
I-140 AD 12/12/2002 EB3 LC Substitution
I-140 hardcopy received by attorney on 12/17/2002
NVC has not yet received my case yet.
planning to check after another 15 days, though it says to check after 90 days. Hope to be done with interview by Oct/Sep 2003. :)
Thanks
Click to expand...


Normal time line from the date of I-140 approval to the interview date is 5 to 8 months. But if things move smoothly you should be ready to file your packet 3 by early March or even February 2003. Your estimation of Sep/ Oct 2003 for interview is too liberal.

Consider this while planning your wedding!
 
Last edited by a moderator:
well since i am getting married in april, i thought i will be sending the packet 3 only in May, and hence hoped to complete the interview by october. If I get married after filing packet 3, that would cause complications, doesnt it?
 
What is I-140 ND?

I have heard the following acronyms:
PD = Processing Date
AD = Approval Date

What does ND stand for?

Thanks.
 
I think ND - notice date, the date they create/send notice of action, but hardly used among people since its used every time they send a notice. So, the ND i specified in last post might be misleading.
My I-140 info
Receipt Notice: RD 6/26/02 (ND 06/27/02)
Approval Notice: AD (also ND) - 12/12/02
we better stick with RD and AD for clarity.
 
Did u guys check this out?
http://www.immihelp.com/gc/consular/suppl_chennai.html

BIRTH CERTIFICATE:
A Birth Certificate issued by the Registrar of Births & Deaths is the only acceptable document for births. "NOT FOUND' OR "NOT TRACEABLE" CERTIFICATES WILL NOT BE ACCEPTED. Under the Registration of Births and Deaths Act, 1969 late registration of birth is possible.

I thought a 'non-availability' certificate and two sworn affidavits are acceptable, if you dont have a birth certificate. Any inputs?
 
never mind. i didnt read the next supplement which states its acceptable to submit affidavits. Though, i was baffled by the strong wordings in the 1st supplement. Sorry abt the confusion.

A person born in India or Pakistan must present the registration certificate if his birth was registered. If it was not registered, either in the locality or, if a Christian, in a church, sworn affidavits may be submitted. Such an affidavit must be executed before an official authorized to take oaths (i.e., a magistrate, commissioner of oaths, justice of the peace or the like) by the mother. If she is deceased the father may swear to the affidavit. The affidavit should indicate:

that the applicant's birth was not registered;
the full maiden name of the mother of the applicant;
the full name of the father of the applicant;
the date of the applicant's binh;
the place of the applicant's birth.
 
Re: What is I-140 ND?

Originally posted by cpDelhi
I have heard the following acronyms:
PD = Processing Date
AD = Approval Date

What does ND stand for?

Thanks.
Click to expand...

As posted by other member, ND stands for Notice date which is usually the Approval Date too!

RD is the date on which your I-140 petition has been filed with the INS.

PD means Priority Date, which is actually carried over from the LC.
 
Raju595,

Was going through your postings. Saw your I-140 dates as follows:
I-140
PD : 01/29/2001
AD : 11/04/2002

Did it take 1 yr 10 months to get your I-140 approved?? Or was your PD a typo (in the yr: 2001 instead of 2002). I am doing a EB3 Labor substitution. Hence was worried.

My case looks similar to yours...since I too have the same differences what you have in the pre-approved LC (diff title and diff salary). Also, did you get any RFEs during your I-140?? If so, what??

By the way, when are you expecting your CP interview at Chennai??

Would appreciate your response.

Wish you goodluck in your CP process.
 
Originally posted by an_anonymous
Raju595,

Was going through your postings. Saw your I-140 dates as follows:
I-140
PD : 01/29/2001
AD : 11/04/2002

Did it take 1 yr 10 months to get your I-140 approved?? Or was your PD a typo (in the yr: 2001 instead of 2002). I am doing a EB3 Labor substitution. Hence was worried.

My case looks similar to yours...since I too have the same differences what you have in the pre-approved LC (diff title and diff salary). Also, did you get any RFEs during your I-140?? If so, what??

By the way, when are you expecting your CP interview at Chennai??

Would appreciate your response.

Wish you goodluck in your CP process.
Click to expand...

As I mentioned above, Priority Date is derived from the LC.
It is the date on which LC petition is filed with the Labor Department.

My I-140 was filed on 05/28/2002 which will be the RD or
receipt date. It took 5 months for my I-140 approval and I did receive an RFE ( request for evidence ) during the process.

If you want details, find my email address on cptracker and give me a mail. I will try to answer your questions. I am hoping that
my interview would be either in March or April'03.

Thanks!
 
appointment

Who schedules the date and time for interview, Consulate, the applicant, or NVC? What happens when you update change of status like marriage in the middle of process, say after filing packet3? Does it take another couple of months to process, or is it faster since its an update? i read that NVS sends fee bill first before sending packet3. Does that mean, if you havent added your wife in I-140, you will always get only one bill, even if you are married by the time it is approved? So, you file packet3 adding your wife and NVC generates another fee bill for your wife, right? Let me know, if it works differently
Also if you are at the verge of getting an appointment of interview and can you still add your wife to the process?
 
reply to cannon

Cannon,

I know that you are planning to get married around April and having cp also around same time.

Advice, you can club both marriage and cp in one go. But only condition is you shld get married before CP interview and have your marriage certificate ready. After your marriage, you can send a email to respective US consulate about your pending interview with them and about your marriage, they will ask you to fill fresh ds230 forms for your wife, and bring all proofs like marriage certificate, photos etc and her passport and all dtls at the time of interview. You can pay her immigration fee $ 335 in cash or in Rs by DD. they will issue immigration visa for both.

Don’t worry about fee bills, nvc etc. go ahead and send your fee bills and your forms etc. But only condition is don’t go for cp interview until you get married. Ok... please read previous posts in lot of categories. Lot of people has done that.

sri

ps: I am not an attorney. It’s my suggestion only

Originally posted by cannon576
Who schedules the date and time for interview, Consulate, the applicant, or NVC? What happens when you update change of status like marriage in the middle of process, say after filing packet3? Does it take another couple of months to process, or is it faster since its an update? i read that NVS sends fee bill first before sending packet3. Does that mean, if you havent added your wife in I-140, you will always get only one bill, even if you are married by the time it is approved? So, you file packet3 adding your wife and NVC generates another fee bill for your wife, right? Let me know, if it works differently
Also if you are at the verge of getting an appointment of interview and can you still add your wife to the process?
Click to expand...
 
Happy New year

ALL Immigration Buddies & Immigration.com team members,

I wish you all a happy and prosperous New Year 2003.

Sri-il
 
interview

Sri
Thanks for the info. I did manage to find info about marriage before CP. There is one such case from a user - 'Rajesh Paul'. (i couldnt contact him)
I have couple of questions though: He said he faxed his wife's documents immly after his marriage. I guess, he faxed it to Chennai consulate. Doesn't he have to pay for his wife's application? Some people said they submitted app in person at the consulate. Will they let us in to submit app ?

Who decides the date for the interview - consulate or us?
I presume that if your app reaches consulate 20th of this month, then you will get inerview in 6-8 weeks; if it reaches after 20th, then it will be > 9 weeks;
I checked out cgihouston.org and they have services for Birth Certificate. Do they check the municipalty records before issuing BC or they issue based on the DOB in passport? Because, my birth is not registered. Or, is it better to give a non-availability certificate and 2 affidavits?
Thanks
 
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