Consular Processing (New Delhi)

My attorney is getting the papers together for applying Ac 140 at new delhi. She needs some ideas for the letter of hardship. I am in the sixth year of H1b. it expires in eight months time. Would that be a good one. Anyone.. any ideas?
Answer: Reason for hardship could be AOS is taking a long time more than 2 years and is likely to grow. You can complement that reason with 2 H-1B expiring in next 8 months (this reason in isolation will not be good enough coz you can get 1 years extensions beyond 6 years).

If I have two options of filing for Ac 140 one at chennai and the other New delhi. Which one would be faster to get an interview? My lawyer had sent an email to both the consulates asking whether they would accept my case. They both have agreed. I was wondering whether chennai consulate woulde faster or New delhi?
Answer: Chennai does not accept AC I-140 cases. So I guess New Delhi is your best & the only option! I am sure if all papers are intact and as expected then ND will accept your case. If for some reason ND does not accept then your lawyer can definitely try Mumbai which surely will accept. Bbay is known to accept cases from ND and Chennai and even in some cases from outside the country!
 
AC-140 channel

Originally posted by damsel'ndistres
My attorney is getting the papers together for applying Ac 140 at new delhi. She needs some ideas for the letter of hardship. I am in the sixth year of H1b. it expires in eight months time. Would that be a good one. Anyone.. any ideas?
I think you have a genuine/classic case for hardship.

If I have two options of filing for Ac 140 one at chennai and the other New delhi.[b/]
Chennai needs I-824 approval letter for filing AC-140. New Delhi only needs I-824 filing receipt. Hence New Delhi would be faster.

Which one would be faster to get an interview?
US Embassy, New Delhi.

My lawyer had sent an email to both the consulates asking whether they would accept my case. They both have agreed. I was wondering whether chennai consulate woulde faster or New delhi? Please respond.

Explained above.

Thank you in advance.
 
Cpdelhi & Kdivekar

Thank you and gob bless you!!

I have another question for you. I have my I 824 receipt and my consulate is New Delhi. I have a NIW I 140 approved. When I requsted my lawyer to go through ACI 140 at New DElhi Consulate. This is what her reply was.

"Based on information that New Delhi posted in the Visa Guide, the post will process IV cases upon receipt of cabled approval from BCIS AND an attorney certified copy of the petition and supporting docs. In other words, you have to have the cable from BCIS, but you don't have to wait for NVC to send the petition to the post and Packet 3 to the person; the post will generate its own Packet 3 upon receipt of BCIS cable"

What does this mean? She was asking me whether I still want to try? Can't I apply with just the receipt of I 824? I hope even if my lawyer say that i need my i824 approval I think there is no harm in trying. Any one with experience of AC I140 at new delhi consulate please help.
 
BCIS procedures

Originally posted by damsel'ndistres
Thank you and gob bless you!!

I have another question for you. I have my I 824 receipt and my consulate is New Delhi. I have a NIW I 140 approved. When I requsted my lawyer to go through ACI 140 at New DElhi Consulate. This is what her reply was.

"Based on information that New Delhi posted in the Visa Guide, the post will process IV cases upon receipt of cabled approval from BCIS

This process is something new. Atleast I am not aware of it. You may want to post this question on http://immigration-information.com/forumdisplay.php?s=&forumid=13 (Ron Gotcher's website) and also find out from other attorneys, if this is the new way of doing AC-140.

Till today, I have had not heard BCIS sending any type of cable to the US Embassies/consulates for processing AC-140 cases.

If there are any other individual going through the AC-140 process, please jump in and share your experiences.

AND an attorney certified copy of the petition and supporting docs.

As far my knowledge (I am not an attorney or a paralegal) goes, the required docs for AC-140 (NWD) are:
1. Packet 3 with attorneys certification
2. I-824 approval notice
3. other supporting docs (if any)

In other words, you have to have the cable from BCIS, but you don't have to wait for NVC to send the petition to the post and Packet 3 to the person; the post will generate its own Packet 3 upon receipt of BCIS cable"
In AC-140 process, the attorney has to send DS-230 part 1 completely filled and signed by applicant to the US Embassy. Upon receipt of the attorney certified packet 3, US Embassy generates the case number for the applicant.

What does this mean?

I am not sure if your attorney is trying to discourage you from doing AC-140 because I have seen some attorneys discouraging the applicant due to thier inexperience in doing CP/AC-140 cases.

She was asking me whether I still want to try?

Do some more research to find out
1. Is cable from BCIS a new process for doing AC-140?
2. Is the cable from BCIS is a necessity?

Can't I apply with just the receipt of I 824?

You will need your attorney buy-in to do AC-140.

I hope even if my lawyer say that i need my i824 approval I think there is no harm in trying.
Only an attorney can do AC-140. So make him/her buy-in your theory.

Any one with experience of AC I140 at new delhi consulate please help.

Hey AC-140 Guys/Gals, step up and share your experience or atleast answer if BCIS needs to send a cable to US EMbassy for AC-140 processing.
 
Last edited by a moderator:
attorney changed

Hi,

I have applied my case through AC140. My company has changed the attorney since when my case was applied. Now does it matter to the consulate if some of the papers now received are from a different attorney?

Thanks
Rajnish
 
AC-140 channel

I have no personal experince with AC-140 cases. But what I think is once the AC-140 case is accepted by the consulate then change of attorney shouldn't matter.

After all both the attorneys are exercising the same power/authority to validate the truthfullness of the documents.

Thanks.
 
The only thing that needs to be done is file the change of attorney form to effect that you now have a new attorney. But normally this is taken care off between the outgoing and the incoming attorney.

You may still want to send an email to the new attorney to find out if you / someone needs to fill out a change of attorney form!
 
Case sent to Delhi

My case has been sent to Delhi Embassy by NVC Oct 1. I am expecting a december interview.
However, my wife is taking some courses at the university and her final exams will be in early december. Is there any way I can request Delhi embassy to schedule my interview in late december. If so, how and when?
Also, any others that are in the same time frame for interview at Delhi, please respond.

Thanks
Parag
 
Parag:

There are two things you may want to do:
* Around 20th October (after November interview list is out) send an email to delhi consulate requesting a specific week of DEcember...provide a valid reason to do so. Not necessary they will give you that specific week. But there is no harm trying. Followu up with a phone call to delhi consulate around 27th october.

* It may be easier to pre-pone your wife's exams. I know this bcoz i have done this while i pursued my master's here in ohio where i got exams pre poned to the week before thanksgiving and worked well for me. Obviously the other option is to post pone the exams but i woudl suggest not to do this since your wife may not be mentally prepared for an exam after a good india trip.
 
Thanks a lot, kd1403.

I will send them an e-mail around oct 20th and follow up with the phone call. Hopefully they'll be able to accomodate my request. Also, my wife has some flexibility in terms of exam dates so we'll figure someting out.

By the way, do you know if the interview dates are assigned based on IV type (family or employment) or are all types processed throughout the month?

Parag
 
By the way, do you know if the interview dates are assigned based on IV type (family or employment) or are all types processed throughout the month?
Answer: Number of IV interviews per month depends on how many cases are requested by the consulate from NVC. Indian consulates are known to do process 35-45 case numbers per month for Employment category!
 
ac140

First of all my sincere thanks to all of you who are contributing to this forum.

I am going for the AC140 interview in this month. Just wanted to clarify the following from you:

* Do we require to have attorney certified copies of I-140 and I-824 for the interview
* What originals we need to give in consulate
* Can we get copies notarized in India also
* whether Employment letter must be addressed to the embassy
* In medical do they go for TB test by injecting vaccine & X-ray

I will appreciate your response a lot.

Thanks
 
Received Packet 3 again with Case Number

Hi All,

We sent packet3 to New Delhi as a AC140 case and we got back packet3 again from newDelhi along with the assigned case no.
NWDxxxxxxxxxx.
we are wondering if we have to send back pkt 3 or it's just they sent the regular pkt.

Any speculations on when can we expect the interview if our case was entered in middle sept.


Rgds
 
Re: ac140

Originally posted by gbittu
First of all my sincere thanks to all of you who are contributing to this forum.

I am going for the AC140 interview in this month.

Congratulation.

Just wanted to clarify the following from you:

* Do we require to have attorney certified copies of I-140 and I-824 for the interview

I don't know, if carrying certified copies of I-140 and I-824 is a requirement, but I would have carried it with me to be on safe side.

* What originals we need to give in consulate

Surf the thread for a complete set of information.

* Can we get copies notarized in India also

No. All documents should be notarized by an official in US or by the consulate officer in India. No other form(Indian govt, court, official, etc) of notarization is acceptable.

* whether Employment letter must be addressed to the embassy

Yes. It's better to have the employment letter addressed to consukate officer of the embassy.

* In medical do they go for TB test by injecting vaccine & X-ray

The usual process is by X-Ray.

I will appreciate your response a lot.

Thanks
 
My attorney sent my packet 3 for AC I140 consular processing at New Delhi consulate. They received the packet on September 29th. When I enquired at the consulate by phone to get the case number, they said they do not have our name in their computer.
Can anyone tell me that how long will they take to enter our information in their system.
 
damsel:

when you say delhi consulate has received it i think you mean the courier has dropped it off at the consulate. normally consulate takes about 2-3 weeks to enter such a case in their system. After this in another 2 weeks, you/ your attorney will get an email from the consulate which will contain either:
1. NWD case number which is a confirmation that the consulate has accepted the case

OR

2. Reason for declining to process case thru delhi consulate.

all the best!
 
Delhi CP confusion.

Hi,
I have posted same question in new thread too but this new delhi CP thread, i am posting here too.

I got my I-140 approved last yr and for CP, I applied I-824 too. Though I-824 is taking too much time, I am thinking of applying AC-140 at delhi consulate.

My attorney just told me at delhi , they hav stopped AC-140. Is it true? has some law changed in last one yr?

Thanks
Ashish Jain
 
Re: Delhi CP confusion.

Originally posted by Ashish Jain
Hi,
I have posted same question in new thread too but this new delhi CP thread, i am posting here too.

I got my I-140 approved last yr and for CP, I applied I-824 too. Though I-824 is taking too much time, I am thinking of applying AC-140 at delhi consulate.

My attorney just told me at delhi , they hav stopped AC-140. Is it true? has some law changed in last one yr?

Thanks
Ashish Jain

I don't think that's true. To confirm, why don't you call and e-mail the US COnsulate, New Delhi for a specific answer. I know there are couple of other members who are processing through AC-140 right now.

damsel'ndistres, is one of them. I think your attoreny is just taking you for a ride. You should have applied AC-140 as soon as you filed I-824 and not wait for the I-824 approval.

Good Luck.
 
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