April 30 Mumbai CP AC-140 success, 6yr H1 expired, in India 10 mths

Joydeep T

New Member
My wife and I had a successful CP interview on April 30 at the Mumbai consulate. The experience was not very different from the ones that have already been posted on various boards.

However, our case was slightly different from the rest due to the following points, which I was apprehensive of:

1. My H1 expired on Feb 2002. This was the end of the 6-year term on an H1. I returned to the Indian branch of my company in July 2001. I could have returned in Feb 2002, but my 6-year period actually ended on July 2001 - I had received my first H1 in July 1995. How my last H1 (and I-94) was valid till Feb 2002, beyond the 6-year period, I have no idea neither do my lawyers. I did not want to take any chance with the INS, so decided to get back in July.

2. Since I was in India, I did not have a notarized I-134 form. I read in the form instructions that if one is outside the US, it has to be only signed in front of a consular officer.

3. My wife is pregnant and she could not be administered the DT vaccine, which is mandatory for immigration visa applicants. The MMR vaccine was waived. The DT is not waived but could not be administered because my wife had just received a Tetanus vaccine a few days before our medical exam. The doctor said that the DT is required but in this case it cannot be given, so just hope for the best.

4. The fact that I was in India for so long (10 months) and not currently an employee of the US company. I knew the immigrant visa petition is for future employment, but I kept wondering whether the consulate people knew this, since mostly current employees go for this process.

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Interview Day Experience
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Entry
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Appointment was at 10:30. Reached at 10:00. Showed passports and appt letter to security, who allowed us to enter. Security check. We had carried our documents in transparent folders in a plastic bag, so there was no problem there. Paid fees at window 13 and waited for our names to be called.

Document collection
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At around 10:40, my name was called out for window 12. This was for submitting the documents mentioned in the appt letter. This process lasted about 15 minutes and, in my opinion, is the most important part of the entire process.

The first thing I was asked for was my H1. I said it has expired. She asked for the H1 extension notice. I said I didn\'t have one because... before I could complete the sentence, she kind of understood and proceeded further. Next, she asked for my wife\'s H4. I said my wife was on an H1. Her visa stamp had expired, so she asked for the H1 petition, which we submitted.

During this time, I was tense, because of my H1 situation. In the end, it wasn\'t an issue.

Next, she asked for all the other documents mentioned in the appt letter one by one starting with the medical report, which we submitted.

Lastly, she asked for the I-134. I submitted my un-notarized form. She turned it over, mentioned that this was not the "original" form and returned it back saying she did not need it. That\'s all. I asked again if there was a problem and whether she needs the form. She replied in the negative.

That\'s it. After that, we were asked to wait for the interview.

During this document collection process, the lady at the counter next to us kept screaming at the family there for some missing / incorrectly filled document and that was very distracting.

Interview
---------

My name was called out at 11:15 for window 9. The Indian lady who had collected our documents and an American lady were at the window. We were asked to raise our right hands, take the oath. Then we were asked to sign the 230 part II forms. After that we were asked the following questions:
1. Which company are you going to be working for?
2. How long have you been with the company?
3. Where all have you stayed in the US? Mostly in the Chicagoland area.
4. How long have you been married?
5. Do you have an
 
contd...

Interview
---------

My name was called out at 11:15 for window 9. The Indian lady who had collected our documents and an American lady were at the window. We were asked to raise our right hands, take the oath. Then we were asked to sign the 230 part II forms. After that we were asked the following questions:
1. Which company are you going to be working for?
2. How long have you been with the company?
3. Where all have you stayed in the US? Mostly in the Chicagoland area.
4. How long have you been married?
5. Do you have any children? We have a US-born.
6. Where are they today? With grandparents.
7. Here in Mumbai? Yes.

That\'s it. We were then asked to pay the remaining fees and return at 3:00pm (only one person will do) for collecting our passports.

This process lasted less than a minute. None of the issues mentioned above even came up.

Passport Collection
------------------
Returned alone at 3:00pm. This process sucked. Made to wait in hot sun outside in a line. At 3:30, the non-immigrants were called in. At 4:05, immigrants called in batch of 5 by batch. I got in at 4:15 (after 1:15 hours of wait). Showed fee receipt. Collected passports and visa packets. They also returned my wife\'s H1.

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Milestones
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Mar, 2001: Case entered for LC.
Jun, 2001: LC Approved, I-140 filed.
Sep, 2001: I-140 approved for AOS
Big delay here by lawyers.
Nov, 2001: I-824 filed.
Nov, 2001: I-824 receipt received.
Discussions with lawyers about AC-140
Jan, 2002: AC Packet 3 sent by lawyers to me.
Jan, 2002: Mailed Packet 3 to consulate.
Mar, 2002: Website updated with April dates
Mar, 2002: Picked up duplicate appt letter and packet 4
Apr 30, 2002: Interview

Wish you all CPers good luck with this process. I will be glad to help out by answering queries if mailed to me at joydeept@yahoo.com.

-- jt2002
 
Beasue yours for future employment what mentioend in your employment letter

I am asking this because lot of persons have doubts about this. I would think in your employment letter should have been like this \'for the future job and after your GC you will given that position with certain salary like that\'? Most people are confused about this and are afraid to switch jobs even the current employer willing to continue the GC.

If you can post subject (for sample) from your employment letter then that would help lot of people. By the way, Did\'nt they ask for pay stubs? They shouldn\'t.

Thanks.
 
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