Can I file I-824 to do AC140, over approved CP I-140 case?

J

justpy

Registered Users (C)
My original I-140 was filed with selection of AOS, but was recently approved for CP. What a big mistake INS made!!!!!! INS did not indicate which consulate I should go for the CP. Approval notice just says that NVC will decide where I will go.

Can I file I-824 for a consulate processing in my home country?

Justpy
 
Read this...

Usually, I-824 is filed to change from AOS to CP. But this form, I think, can be used for a few other things as well. and one of them is consulate selection. so even if your I-140 was approved for CP, you can file I-824 to select consulate, get I-824 receipt notice and go for AC140. check with an expert or an attorney. but you might be presented with an excellent opportunity and so don\'t waste it without trying it.

if you are from one of those consulate areas which accept AC140, you can get the process over quickly. Since your I-140 was already approved with CP, you don\'t have the case of changing over from AOS, but you might be able to use the I-824 form for consulate selection. all you need is I-824 receipt notice. CAUTION: since your I-140 approval notice will say CP, think how the consulate will treat the case while reviewing your AC140 application - they are used to seeing AOS on I-140 approval for AC140 cases.

BUT you might be able file I-824 legally to select the consulate. This might work if you want to go for AC140.

Obviously, INS didn\'t have the info to assign a consulate since you selected AOS option and must not have given any home country info. They did blunder but it might prove to your advantage.

I guess for Mumbai and New Delhi (or those consulates which accept AC140), I-824 filing and AC140 is a quicker process than the regular CP. and one must try to find out how I-824 could be used.
 
No Title

Hi Ron,

I\'ve filed my 140 @ VSC with the CP (Mumbai) option. Howver, given the current P3-> St Loius -> NVC -> COnsulate route and delays (NVC takes 6-8 weeks AFTER they receive the p3 back from St Loius to forward, and you interview would be another 2 months out = 6 months from 140 AD) I would really like go AC-140

Can I file a 824 at VSC with some misc option on it and then the receipt for AC-140 at Mumbai ? Would you recommend this ?

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Topic: Convert from CP to AC-140 (2 of 2), Read 70 times
Conf: Consular Immigrant Visa Issues
From: Ron Gotcher
Date: Friday, March 08, 2002 05:29 PM

First, we are not seeing that kind of delay, so I doubt that you would experience anything of the kind. Second, no post will process you on the basis of a copy if your file has already been sent to the NVC.

Ron Gotcher
The Gotcher Law Group, PC
Attorneys at Law
15300 Ventura Boulevard., Suite 507
Sherman Oaks, CA 91403
 
Moulin Rouge - Please clarify.

"Second, no post will process you on the basis of a copy if your file has already been sent to the NVC. "
Does that mean the INS is going to request the file back from NVC (if it was sent) to process 824 OR it will do nothing because file was not there and forget about the 824 for the time being.

Could you plese clarify?

Thanks.
 
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