Can I apply for I-824 to get greencard??

[tagore2004]

I am a Software profressional working in USA for the past 5 years and I have applied for
Employee based Greencard and my Labor has been approved and I have applied for concurrent filing
I140/485 at Vermont Service center last year, Now my H1B1 is expired and current status is on
AOS(Adjustment of Status-I-485) EAD and AP.

My question is, Can I file CP processing now with my approved I-140 , I really don't know the process invoved with the CP processing.I am planning to leave this country and stay in India for a while till my Greencard is approved.I heard through Immigratron forums that
I can apply for I-824(Application for Action on a Approved Application), Will I am eligible??, If so what are the steps involved I should work on this,
Please let me know best way to approach.

If I am eligible to do the I-824, How long does it takes to get my Greencard interview and what are the documents I should provide at the time of Interview and how long should I live in India...Please help !

Please help me !

 

[jigesh]

My question is, Can I file CP processing now with my approved I-140 ..........

Yes.

I really don't know the process invoved with the CP processing.

First read the following link, and then please do spare some time to search this forum by keywords like "ACI140," "consular," etc.

http://www.immihelp.com/gc/consular/

A good compilation of useful information:

http://boards.immigration.com/showthread.php?threadid=94430&highlight=documents

http://boards.immigration.com/showthread.php?threadid=119885&highlight=jigesh

I am planning to leave this country and stay in India for a while till my Greencard is approved.

Many have responded here.
Personally, I am not too sure. While technically it might be permissible, be aware that your prolonged stay in India shouldn't create any issues like job-availability/continuity with the same employer who sponsored your I-140 or shouldn't raise any doubts of "fraudulent intent"....Also, be prepared to answer questions about pending I-485 if you are out of the USA for a prolonged period of time. I am just enlisting various possibilities (and am not trying to scare anyone!) as I am not too sure myself.

How long does it takes to get my Greencard interview ..

Four/five months approx for the interview.

and what are the documents I should provide at the time of Interview

http://boards.immigration.com/showthread.php?threadid=94430&highlight=documents

....and how long should I live in India...

You don't "have to" live in India. May be I didn't understand your question..(?). You can stay in the US until you are called for consular interview. Spare a week for the interview/medicals in India.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.

 

[tagore2004]

jigesh

Thanks a lot for your reply !
..Well...I don't want to leave US, my H1B1 was expired last year I was on H1B1 for 5years and then I have applied for extention but got RFE to pay $1000 and I have not responded so its got cancelled, I hope if there is any law that i can apply for H1B1 extention based on my Labor and I-140 approval??

Is it possible??

When its takes only 4 months to 5 months for the I-824 process to get consulate interview..May I know why people are waiting for 2 years after filing I-485 ??, Many people can do this right??

Can you please let us know why many people are not prefering I-824 process??

 

[jigesh]

As long as one is with the same employer, one can still apply for H1B extension even if I-140 is approved and one has EAD/AP. The extension has to be sought for before H-1B expires.

The information I provided was for (attorney certified) AC-I140 where you also need to file I-824. If you belong to Chennai consular area, you need to wait for I-824 approval which can take upto 12-16 months. If you belong to Mumbai/Delhi consular area, only filing of I-824 is necessary for AC-I140 - that's why I mentioned 4 to 5 months. The regular (non-ACI140) route via I-824 approval is much longer.

Can you please let us know why many people are not prefering I-824 process??

I can't speak for others; but I did AC-I140 via I-824 filing. There can be many issues why others might not prefer I-824/CP and these include: past violation of visa status, non-availability of AC-21 flexibility for consular processing, attorney being not in favor of consular processing, etc. Also, see: http://www.murthy.com/choose.html

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.

 

[tagore2004]

jigesh,

My passport has been issued in Hyderabad, Andhrapradesh and Why cannot I choose Mumbai/Delhi consulate?? with the I-824/AC-140 process??


Let me understand this...If I go for CP process, I need to file I-824 and also Attorney cetified -140??

 

[jigesh]

My passport has been issued in Hyderabad, Andhrapradesh and Why cannot I choose Mumbai/Delhi consulate??

The place of your last residence in India dictates consular jurisdiction. I guess that's where you got your initial H-1B.

...If I go for CP process, I need to file I-824 and also Attorney cetified -140??

If your consulate happens to be Chennai, AC-I140 won't work. For Mumbai/Delhi, it would work on the basis of receipt notice of I-824. For Chennai, I-824 approval notice is necessary and if you have I-824 approval, obviously, you don't need attorney certified I-140.

 

[tagore2004]

My place of last residence or my residence cerficate and birth cerificate says that I am from Andhra pradesh but my first H1B1 stamping was issued at Mumbai Consulate b'coz I was working in mumbai for 2 years.

Will I be qualified for the Mumbai/Delhi consulate??


If no...how much time at an average will takes place if I want to apply for I-824 and to get interview at Chennai consulate..


Please advice..very impoart for me Please !!

 

[jigesh]

..my first H1B1 stamping was issued at Mumbai Consulate b'coz I was working in mumbai for 2 years..

If Mumbai was your last place of residence in India, they (Mumbai consulate) might accept your EB-2/EB-3 based I-140 for consular interview through ACI-140. Your sponsor/attorney (who filed your I-140) should co-operate..

Read the links in my first reply to understand AC-I140 process and do spare some time to search this forum - you will find a wealth of information.

Good luck.

 

[tagore2004]

my company who is sponsering my greencard will co-operate will be in all ways...But only one thing is my H1B1 stamping was issued at Mumbai will that gives enough eveidence that i can apply for the Mumbai consulate??

 

[jigesh]

But only one thing is my H1B1 stamping was issued at Mumbai will that gives enough eveidence that i can apply for the Mumbai consulate??

I am inclined to believe that they would accept. However, there can not be any absolute guarantees because AC-I140 is extra workload for any consulate and theoretically they reserve right to accept/deny any such request irrespective of your consular jurisdiction. My answer and your wish bear no relevance per se. You may very well ask them:

http://usembassy.state.gov/mumbai/wwwhimmi.html

and specifically, http://usembassy.state.gov/mumbai/wwwhimmi.html#empcases

 

[tagore2004]

jigesh and other gurus !!

I would like to take you very important advice...Please help and I have also talked to Attoney's but got only little help !,
I though I would take from an experience people like you guys for the consular processing...


1) As I have filed my AOS(I-485) and my I-140 is approved then I can file for I-824 and then AC-140 right??, Since I am from AndhraPradesh I may be considered for the Chennai consulate and more over it has only I-824 which may take 3 years to get approved....What would happen If I used my friends address in I-824 and AC-140 in mumbai or delhi and then file these applications will this work???

2) If it works which one is best to give Delhi consulate or Mumbai consulate???

3) If I file I-824/AC-140, Since I am on EAD and it will be abended I have the leave this country and stay in india for 6 months to gett he interview and at the same time I have to sell my house and all my belongings in the USA and I should be prepared to stay in india if i don't get Greencard...

Please advice with your maximum information......

 

[jigesh]

As I have filed my AOS(I-485) and my I-140 is approved then I can file for I-824 and then AC-140 right??,

Yes. I have mentioned it before as well.

What would happen If I used my friends address in I-824 and AC-140 in mumbai or delhi and then file these applications will this work???

I would advise not to complicate the matter. While you may succeed in your purpose, I am not sure about the outcome of your above suggestion. Also, if asked, you should have some sort of proof about your last residence in India - like your educational certificates, job related papers, ration-card copy, etc. To put it rather bluntly, I think it's not like you give address of your friend in any corner of India to shop around for the consular jurisdiction.

2) If it works which one is best to give Delhi consulate or Mumbai consulate???

There is nothing like "best" I guess. The procedures should be identical. Because of your past visa stamp from Mumbai, I would prefer Mumbai.

3) If I file I-824/AC-140, Since I am on EAD and it will be abended I have the leave this country and stay in india for 6 months to gett he interview and at the same time I have to sell my house and all my belongings in the USA and I should be prepared to stay in india if i don't get Greencard...

I don't know why you are eager to leave the US. As I mentioned earlier, you do NOT need to leave the US and stay in India for six months or so. You can continue staying in the US until you receive interview call from India for the consular processing. Filing I-824 won't automatically make your I-485/EAD/AP abandoned. INS normally asks the petitioner of I-824 (if you really want CP or wnat to continue with I-485) before making any final decision. And even if they don't ask, they will take action on I-824 after 10 to 14 months and by that time you should be done with your CP. If you have any problem with your job or if you are unable to produce currently dated original notarized letter of emplyment and last six months pay stubs if asked, CP route is strongly unadviseable.

 

[jigesh]

I have a problem from spouse,When I filed AOS I have added my spouse as dependent and its getting complicated to remove from the pending I-485, Then I thought if i file CP then I would not add any dependent...that's the main problem...

In CP, too you have to specify names of your dependents though they may or may not appear for the interview. Unless there's any serious family problem, it's good to appear for CP interview the whole family.

Also My greencard is filed through company A and currently I am working on EAD for company B. Even if i adopt CP if the interviewer asks me for the paystubs I cannot generate through company A. Bcoz they are from company B, Its very complecated

This shouldn't be a problem as long as company B gives you employment letter and pay stubs. Others may please comment as well because I don't have enough knowledge for labor certification related I-140.

 

[tagore2004]

Jigesh,

1) NO..WAY--.the main reason to go for CP is to avoid dependent....otherwise there is not use....what will happen...how would the consulate know..and is that the requirement to incudle the dependent in the CP processing.....


2)As we talked earlier after filing I-824 then my I-485 case will be abended...so as my EAD/AP then how would i legally live in the USA, When I get the letter from NVC that my I-485 will be abended then if i don't reply for that latter my case will not be sent to US Consulate right?>?

 

[jigesh]

1) NO..WAY--.the main reason to go for CP is to avoid dependent....otherwise there is not use....what will happen...how would the consulate know..and is that the requirement to incudle the dependent in the CP processing.....

There is no such requirement for dependents to migrate/to include in CP process. However, they will ask for your marriage certificate or, I am not sure, but they can also know (theoretically) through any possible access to your I-485.

2)As we talked earlier after filing I-824 then my I-485 case will be abended...so as my EAD/AP then how would i legally live in the USA, When I get the letter from NVC that my I-485 will be abended then if i don't reply for that latter my case will not be sent to US Consulate right?>?

If Chennai happens to be your consular region, then you are right. If Mumbai happens to accept your AC-I140, no need to worry about action on I-824. Since filing I-824 would not automatically invalidate your I-485 with immediate effect, by the time they do so, your CP process via AC-I140 should be over judging from the current time-line. By the way, NVC does not take action on I-824 - INS/BCIS does. Also, you have to decide before filing I-824 where you would like your I-140 be forwarded. If you are hopeful of Mumbai consulate to accept your case, mention Mumbai in I-824.

 

[vm1214]

Hi,
Little confused.

I filed my I-140 with option AOS and I changed my mind and didn't file I-485 and instead I filed I-824 now as I am not eligible for AC-140 do I need to wait till I-824 gets approved ?

My heart beat is raising after reading this thread please suggest.

Thanks

 

[ac140madras]

vm1214,

I filed my I-140 with option AOS and I changed my mind and didn't file I-485 and instead I filed I-824 now as I am not eligible for AC-140 do I need to wait till I-824 gets approved ?
>>According to Indian consulates,they do accept AC-140 for the people,whose AOS(or I-485 have been already filed) is pending and filed for I-824 to change to CP.And just filing I-824 will not cause abandoment of AOS.If you belong to Mumbai/New delhi consular district,then you could try AC-140 with just I-824 filed receipt.But in case you belong to chennai consular district,then you have to keep your finger crossed.Untill recently,they had refused 99% of cases.I suggest you could wait for CoolCap's case outcome and then proceede.In case you belong to NWD/MUM then please try for AC-140,it is worth gambling.

 

[vm1214]

Hi AC,
Thanks for information. I still feel something missing

I haven't filed I-485 even though I mentioned AOS in I-140 and I filed I-824 before the approval of I-140 (My lawyer suggested) so still can I opt for the process you suggested.
As I didn't file I-485 so no question of pending or ???

I belong to Mumbai and Mumbai consulate.

Thanks

 

[ac140madras]

Thats right...Consulate says "AOS should be pending" But in your case you could say your I-140 was filed for 485 and approval for I824 takes longer time.So you do have a valid reason for applying AC-140 and most importantly you belong to liberal consulate (mumbai).

 

[ac140madras]

Thats right...Consulate says "AOS should be pending" But in your case you could say your I-140 was filed for 485 and approval for I824 takes longer time.So you do have a valid reason for applying AC-140 and most importantly you belong to liberal consulate (mumbai).