Consular Processing (New Delhi)

mssj:

So would it be better to get an EAD & AP done while going in for the Ac140 interview or a proper vaild H1 is fine ?

Answer: Since you have valid H-1B approval document there is no need to get EAD/ AP as you have a valid status from your H-1B approval paper. There is no need to get the h-1b stamp unless you plan to do international travel prior to your cp interview. If you have other international travel plans other than travelling for your cp interview then you would have to get he h-1b stamp / revalidation done so that you can re-enter usa. The only thing is that if you are travelling to your home country on h-1b approval paper (not visa stamp) then you may need to check with your country of transit regarding transit visa requierments.

==============================================
If I do opt to file EAD & AP what happens to the H1 does it get cancelled. In that event what happens to the status of my H4 dependants?

Answer: Do not apply for EAD/ AP while processing AC I-14 especially since you have a valid h-1b approval document.

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The Police Certificate that is required to be obtained from the Local Passport Office I think has a vaildity of six months, is that correct? The period for which the Police certificate is required for my wife includes the time when we both were not married.
So would I need two PCC for her, one before marriage and one after marriage. Since the last name change after marriage please clarify whether the PCC should be in her maiden name or in the present last name?

Answer: All indian PCC's issued whether by indian consulate in usa or Local Police & RPO in india are valid for 180 days from date of issuance. PCC covers the individual criminal activities (if any) until the date of issuance of the PCC. So only 1 pcc is required from Indian consulate or 1 from local police and 1 from RPO PER PERSON irrespective of multiple city stays in india or prior or post marriage. Remember pcc is issued for a person.
 
Guys:

As my days are coming near for AC-140 ..I'm getting scared more and more with some doubts ..

Does decision of consular have any impact due to the size of the company ?

In other words, if company is really small , I mean my company has only 6 employees .. Does it make any difference as to they may get into more details during the interview and may doubt the appropriateness of my case ?

I have everything proper and in order and I know leagally it has nothing to do with the size of the company , however, have you guys seen in past that someone has been denied the IV due to this fact ?

Appreciate your thoughts, as always ..
 
victor:

It is normal to get a little scared few days prior to your AC I-140 interview. But from my experience i can say if you have all relevant documents then there is no need to worry.

In you case since you company is small, definitely carry the following:
1. Company financials (audited preferred) to prove that your company is financially capable to support your salary and maintain your position as per the LC application
2. Pay stubs to prove to that you are being paid as per LC salary
3. Notarized employment letter as prescribed.
4. any other company documents financial and otherwise

Generally cp interview denials are extremely rare. And if any it is for reasons as mentioned on mumbai web site:
http://mumbai.usconsulate.gov/wwwhimmi.html#refused
 
Thanks Kd

As you mentioned in your answer to show the pay stub to prove that I'm getting paid what has mentioned in LC .

How much variation in current salary and the one that is mentioned in Labor Certification is okay ?

I mean my current salary is about 20% less than what was mentioned in Labor Cert. However, I'm expecting a raise and should touch close to what they have mentioned in LC. However, salary raise may not take place before next 6 months, and I might have my interview before that.
 
victor:

Normally 20% lesser salary in economy would have been a red flag but in this soft economy USCIS/ consulate is making exceptions. We have had a number of folks who have had salary's about 15-25% below LC mentioned salary and have had no need to explain at the cp interview and have had successful interviews as recent as last 6-12 months.

With Salary lower than LC salary and company size being small (6), I STRONGLY urge you to carry as many documents as you can to prove your company's ability to pay you the salary what you get today even though it is below LC salary.

I personally do not see this being an issue. But again this is my personal opinion.

I am sure folks who have had this experience (whom I would not name) would come forward and share their experience aroud low salary and successful CP interview!
 
DS 3032

KD1403,

Thanks for your reply.

However, I would be grateful if you could clear some more cobwebs.

1. While filing I-140 I did fill out a G-28. Inside the box "In ref: Immigration Petition for Alien worker" was filled out. Will this G-28 serve the purpose of Consular Processing as well or will I have to fill out a new G-28 specifically for the CP process? I plan on keeping the same attorney.

2. In light of the above will I be sent a DS-3032? If yes, will the DS-3032 be sent to me or to the attorney?

3. If an applicant (or attorney) is sent a DS-3032, does the NVC wait to receive back the DS-3032 before sending the fees receipt?

4. Does being sent a DS-3032 lengthen the time for CP, because of 3 above?

PL
 
Last edited by a moderator:
pitambar:

1. While filing I-140 I did fill out a G-28. Inside the box "In ref: Immigration Petition for Alien worker" was filled out. Will this G-28 serve the purpose of Consular Processing as well or will I have to fill out a new G-28 specifically for the CP process? I plan on keeping the same attorney.

Answer: You dont need it nor will you get it if you plan to keep the same attorney!

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2. In light of the above will I be sent a DS-3032? If yes, will the
DS-3032 be sent to me or to the attorney?

Answer: Ignore the DS 3032 since you plan to keep the same attorney. I never received it in my case and i kept my attorneys!

==============================================

3. If an applicant (or attorney) is sent a DS-3032, does the NVC wait to receive back the DS-3032 before sending the fees receipt?

Answer: Not really! Expect fee bill in about 2-3 weeks from the date of creation of your case @ NVC.

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4. Does being sent a DS-3032 lengthen the time for CP, because of 3 above?

Answer: If you decide to change attorneys or drop your attorney and continue CP by yourself then you can expect (not always) 2-3 week delay. But not otherwise!
 
Kd

Thanks for your reply.

But ya I would appreciate if the guys, who already been through this situation, would share their opinion.

Thanks
 
ac140

Hi,

Thanks a lot Kd1403 for the information provided re: AC140.
I would appreciate if somebody could share his experiences
with us regarding Ac140 interview at New Delhi recently.
I know that immi.help website has a list of documents to be submitted at the time of interview for Ac140. What are the kind
of questions asked etc. ?

thanks
:) :)
 
mssj:

AC I-140 interview is no different from CP interview. The questions asked at most are: where do you work, what does your company do, what do you do, do you plan to go back and join the same company and your wife will be asked when did you get married. Employment based cp interviews are very basic less than 5 minutes whereas family based are th ones that are about 15-20 minutes long where the consular officer wants to know the janam kundali (life history).
 
Originally posted by Victor3536
Kg, Raju

Do you know how long it should take to get I-824 receipt ? May be 10-15 days ?

Thanks
Click to expand...

2 to 4 weeks per some posts in the forum. No personal experience with this.

Raju
 
AC140

Thanks Kd1403 once again for your prompt response.
I have heard that we have to submit a Demand draft for
$ 335 per person while going for interview for Ac140 at US
Embassy. Please confirm. Can we take a cashiers checks
from here itself or the Embassy accepts Demand Drafts only.

There is still some confusion in my mind regarding PCC.
Please clarify as to wether we need only one PCC from
the country of birth from the Local Passport Office or
two i.e. one from country of birth and the other from
Indian Consulate here in the US.

As always your reply will be appreciated.

thanks
 
mssj:

I have heard that we have to submit a Demand draft for
$ 335 per person while going for interview for Ac140 at US
Embassy. Please confirm. Can we take a cashiers checks
from here itself or the Embassy accepts Demand Drafts only.

Answer: Yes to demand drafts and preferrably issued in india although there have been excpetions but purely exceptions. Yu can get DD/ Cashier cheks from SBI or any indian banks within 5-10 minutes.
http://usembassy.state.gov/mumbai/wwwhfees.html

==============================================

There is still some confusion in my mind regarding PCC.
Please clarify as to wether we need only one PCC from
the country of birth from the Local Passport Office or
two i.e. one from country of birth and the other from
Indian Consulate here in the US.

Answer: If you & any other dependents ARE IN USA then each of you will need 1 PCC from Indian consulate in usa only. Also PCC's from any other country if you and your dependents have stayed for 1+ year after the age of 16.
 
AC140-Successful CP Interview at Delhi

Guys,
Thanks everyone on this forum for exchanging the valuable information & making the complete process so normal & smooth.

THANKS GOD!

I can share my experience of CP interview at Delhi.
We entered US consulate Delhi at 9.00 am with all documents including interview letter & medical reports, submitted the documents 10 minutes after we entered:
- Original passports
- DS 230 I & II (signed there)
- Valid Visa
- Employment letter
- PCC from Indian Consulate USA
- Original Birth Certificates
- Two photographs

The lady asked us to pay fee of $335.00 per applicant at cashier window & bring back receipt to her. We paid in cash US dollars & gave receipt back to her & she asked us to wait.

We were called back at 2.00 pm & within 5 minutes we were done with oath & few questions & asked us to collect passports in evening... got everything at 6.00 pm...
And thats it.

Let me know any questions...

Good luck!
 
Confusion over PCC

The PCC is valid for six months from the date of issue.

Does the Indian consulate issuing the PCC mark it valid for 6 months from the date of issue

OR

does the US Embassy in ND accept PCC's that are dated within 6 months?

(or maybe both)

PL
 
Fees

How much is the fees at the consular if you plan to use AC140. I ask that because if I have already paid $305 for the the I-485 per person, is there no credit for that? Can somebody please respond with the new updated fees schedule?
 
Re: Confusion over PCC

Originally posted by Pitambar_Lal
The PCC is valid for six months from the date of issue.

Does the Indian consulate issuing the PCC mark it valid for 6 months from the date of issue

OR

does the US Embassy in ND accept PCC's that are dated within 6 months?

(or maybe both)

PL
Click to expand...

The PCC itself does not contain any marking about validity.
I believe the consulates are looking at the date of issue to
determine it's validity.

Raju
 
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