consular processing can be quick alternative to I-485 waiting

Are You saying ...

that if some one is from Mumbai (or Delhi or Calcutta for that matter) and is waiting for his/her I-485 to be approved , he/she can initiate an AC-140 Consular Process with the US Consulate in Mumbai without filing for the I-824.

I checked the website of the US Consulate in Mumbai , in the FAQs it is clearly mentioned that they need an I-824 receipt.

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

Sanskrityanan , do you any such CP case that was approved without filing the I-824 ?

This is where things are very gray and most lawyers who are afraid stick thier neck out , follow the cookie cutter approach and dissuade their clients from trying new things. My lawyer (or rather company lawyer) is one of them. :mad:

any feedback / suggestions / thoughts on this one guys ??
 
Re: Are You saying ...

my lawyer says that it will be difficult to prove hardship as the hardship of waiting time is faced by evryone. he is going to gimme more details abt this. i will keep u guys posted.



Originally posted by maverick1976
that if some one is from Mumbai (or Delhi or Calcutta for that matter) and is waiting for his/her I-485 to be approved , he/she can initiate an AC-140 Consular Process with the US Consulate in Mumbai without filing for the I-824.

I checked the website of the US Consulate in Mumbai , in the FAQs it is clearly mentioned that they need an I-824 receipt.

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

Sanskrityanan , do you any such CP case that was approved without filing the I-824 ?

This is where things are very gray and most lawyers who are afraid stick thier neck out , follow the cookie cutter approach and dissuade their clients from trying new things. My lawyer (or rather company lawyer) is one of them. :mad:

any feedback / suggestions / thoughts on this one guys ??
Click to expand...
 
Ironically proving hardship should be the easy part

If this is a viable route , as in if I can send my papers to the U.S. Consulate , then it's worth exploring.

Proving hardship is basically a essay about why waiting for the I-485 is a hardship specific to one's case and that shouldn't be too hard to prove. ;)

What needs to be verified is that the US consulate in India will even consider your pending adjustment of status case even if you do not file the I-824.

If thats true , then its surely worth a shot and we have got nothing to lose !!
 
Re: Are You saying ...

Originally posted by maverick1976
that if some one is from Mumbai (or Delhi or Calcutta for that matter) and is waiting for his/her I-485 to be approved , he/she can initiate an AC-140 Consular Process with the US Consulate in Mumbai without filing for the I-824.
Click to expand...

Yes.

Originally posted by maverick1976
Sanskrityanan , do you any such CP case that was approved without filing the I-824 ?
Click to expand...

No, but that is an interesting way to spell my pseudonym!

Originally posted by maverick1976
This is where things are very gray and most lawyers who are afraid stick thier neck out , follow the cookie cutter approach and dissuade their clients from trying new things. My lawyer (or rather company lawyer) is one of them. :mad:

any feedback / suggestions / thoughts on this one guys ??
Click to expand...

Your lawyer does not stick his/her neck out at all; you do. As a matter of fact in AC-140 cases, nobody is sticking their neck out as in the rare event that the interview results in a denial, you can still enter the US on an AP and continue with the I-485 that is already pending. It is a natural human tendency to try to make a living off a system, if possible, without actually adding any value. It is called 'rent seeking'. I would do the same if I can get away with it. In AC-140, there is nothing to be done by the lawyer other than certify a copy of the I-485 application package that is already filed. This is just a way of authenticating the documents, somewhat similar to notarizing. The difference is that the consulate wants such authentication to be done by a legal professional that is knowledgeable (or supposed to be, at least) about the requirements of employment-based immigration.

When the consulate says it requires an I-824 receipt, they are talking of consular processing cases. No attorney certification is required if an I-824 is filed. The papers just go through INS/NVC to the designated consular post, at which point in time the applicant will get an interview.

Some foregoing posts (apparently reproduced from the consulates' websites) in this thread clearly refer to cases where change of status applications are pending. Establishing hardship is an additional requirement here, which in my opinion, is an easy hurdle to cross.
 
What's the downside ?

i'd like to believe you , but since we are dealing with the GC process here ,I have to put my cynic/paranoid hat on.

This seems like a relatively low risk process. Since most of the folks here are Indian , why are they still waiting on the I-485 AOS process. Why aren't most of the people in this forum taking this route? unless this is fairly recent and relatively un-common knowledge.

Sankrityayan , sorry for the typo. I think this confirms the fact that i am dyslexic :(

what does "Sankrityayan" mean anyway ?
 
Re: What's the downside ?

Originally posted by maverick1976
i'd like to believe you , but since we are dealing with the GC process here ,I have to put my cynic/paranoid hat on.

This seems like a relatively low risk process. Since most of the folks here are Indian , why are they still waiting on the I-485 AOS process. Why aren't most of the people in this forum taking this route? unless this is fairly recent and relatively un-common knowledge.
Click to expand...

Because, everybody has her/his cynic/paranoid hat on. Because everybody is petrified of the prospect of being separated from the goose that lays golden eggs. Because for some of us, approval has been perennially too close to seriously contemplate AC-140. Because our lawyers advice us against trying anything other than the 'rent-maximizing' I-485 route.

Originally posted by maverick1976
Sankrityayan , sorry for the typo. I think this confirms the fact that i am dyslexic :(

what does "Sankrityayan" mean anyway ?
Click to expand...

It does not mean anything.... just the name of someone that I was reading at the time I enlisted in these forums. If you want to know more, do a web search and you will have all the information you will ever want. (just make sure you do not search with yahoo; they provide all kinds of sponsored cr*p these days instead of the most relevant results).
 
I-824 needed or not???

Guys,

I would appreciate, If anyone could provide some more information/evidence wether New Delhi needs I-824 Fee Receipt or not. This looks like a foggy area to me. On one hand I would like to beleive Sankrityan, but at the same time the official website of Mumbai Consulate clearly states that they need it(http://usembassy.state.gov/mumbai/wwwhimmi.html#empcases Bullet # 7 I-824 Fee Receipt required). I couldn't find any similiar information about New Delhi consulate, so I don't know what to beleive.

Please help me here. If CP without filing I-824 is possible, then I guess it is a real alternative without risking AOS.

Thanks...
 
I plan to contact the consulate in Mumbai ..

I plan to send an email to the consulate in Mumbai sometime later today explaining my case details. Will post a message to this thread as soon as I hear from them.

Not sure if they would answer to my satisfaction though. In the meanwhile we can contact our lawyers and inquire how much they know about this option.

I spoke to my lawyer a few months back and he claimed that in his "expert" opinion if I applied for CP the BCIS would cancel my pending I-485 appln. I don't trust him , not sure if he saying so because he represents my company or because he genuinely doesn't know anything about this. :confused:
 
I-824

Guys,

Call or email your respective consulates and ask them if they require I-824 filing or not. This is the best way to find out.

If I remember correctly Mumbai requires it per the posting on the web site. Also there is a Dept of State memo to the consulates, which can be found on the net, that they should require I-824 filing, but obviously not all consulates follow it.

Even, if filing I-824 is required its not a big deal in most cases. You either get back with a immigrant visa in 99.9% of the cases or on advance parole.
The consular interview is easy. Just do your homework and get all required documents. Missing documents is the most common reason for unsuccessful interview.

As I commented above it doesn't make sense that I-824 filing means automatic withdrawal of I-824. The only one claiming that is the "note from Rajiv" but I think he is either wrong or its out of context. Perhaps somebody can get a consultation with Rajiv to clarify the source of his note.

The major risk is that the I-824 will be approved before the interview happens. Then you are stuck with CP for good.
 
atsokbg,

I am from Mumbai(INDIA) Consular District. I will email them and ask more details.

Actually I am more concern about financial stuff. Other things are OK.

Are they checking all W2 (say last 3-4 W2)?
Are they matching those with salary mentioned in H1B?

Any input?
 
I think W2's will seldom match the one in LC. Since you can spend pretax dollars for 401(k), Health plans, etc. The money you put in to these things won't show up in your W2.

Somebody correct me if I'm wrong.
 
atsokbg

When you filed form I-824, did INS automatically cancel your I485 and send notification to Bulgarian consulate or did they mail you a letter wanting you to confirm the transfer from AOS to AC-140?

Thanks
 
I-824; taxes

Achal and WaitingQ,

As for taxes we had brought tax forms for the last five years but they never asked for them. They didn't even look at what my salaries were either. But then, my case was a national interest waiver with no labor certification, its possible that if a labor were involved they would look at these things.
I don't know about Mumbai, but in my experience the consulate in Bulgaria answered email pretty promptly, so probably they can clarify if they need W2's etc. Its true that the W2 amount don't match the actual salary, but in addition to tax forms you should have a notarized letter from your employer stating that you have been employed and will be employed with them, and also stating the salary which should match the one on the LC. Remember you could have had a lower salary than the stated in the LC as long at the time of the interview and at future times your employer will pay you what was stated on the LC. All the LC/I-140/I-485 process is for the future job that you will hold at the time of I-485/CP adjudication/interview.

As of the I-824 in my previous posts I already said that filing I-824 was not required in Bulgaria, so I was spared some of the uncertainty that you guys that have to do it in India are having.
But I am glad that you posted the link to Ron Gotcher's FAQ on AC-140, it makes more sense to me than Rajiv's note.

Good luck!
 
atsokbg,

First let me thank you for your inputs..

I was refering to the salary mentioned in H1B (not LC for Grren Card). Most of the consultants have less W2 than salary mentioned in H1B case (reason.. leaves, no project etc.).

I asked this question because the lady over their tried to track down your status for last 12 years in your case. It makes me worried. What type of questions did she ask? Can give some of them. Thanks in Advance.

Secondly you are National interest waiver so in that case also she might have treated you differently. Not Sure.
 
I just now spoke to my attorney.
She said Chennai is overloaded with cases, and one of her case was sent back. She also said that Hard ship means that you should have some sort of medical condition and hardship is hard to justify. If you say something in not those lines, then they are sending back the case.
Looks like there is no light at the end of the tunnel.
 
thanks for the info on the hardship piece , but what about the I-824 form ..

did your lawyer's client have to file the I-824 to switch from I-485 to AC-CP ?
 
1. Yesterday I also heard the same thing. Lot of people jumped for that. Some of my friend's friends were able to clear who filed before Feb'02. Other are still waiting. I am not sure whether they were Consular Processing cases OR AC140 cases. will try to get more details.

2. Does Chennai accept AC140 cases? I was under impression that only Mumbai & Calcutta accept those cases.
 
maverick1976 answer to your question is yes

achal answer to your question....Chennai does accept AC140 cases, couple of weeks back, my friend and his wife got their passports stamped from Chennai
 
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