Consular Processing (New Delhi)

Re: Re: Interview date and can spouse join for interview

Thanks a lot for your prompt responses.

Yes, I am 100% sure that my husband did not sign DS230 Part I, however my lawyer told me that it was notified to BCIS that my husband would join me on my permanent resident application. (I understood that would allow him as 'follow-to-join').
Now, the reply from NWD consulate that interview is scheduled for both. I have asked my lawyer to clarify and I will send another email to consulate.... yes, you are right, I don't want surprises on interview date.

My spouse is Indian and he is residing in a SE Asian country and he is getting PCC from the country he is residing now and from Indian consulate there. I don’t think he needs PCC from India as I received email reply from NWD consulate that I don’t need PCC from India if I have been residing outside India for many years.

I remember you posted the complete list of docs to take and steps to do on reaching Delhi (doc appt, doc contact, photo etc). Would you have a link to that page.


Thanks
 
Re: Re: Re: Interview date and can spouse join for interview

Originally posted by reve
Thanks a lot for your prompt responses.

Yes, I am 100% sure that my husband did not sign DS230 Part I, however my lawyer told me that it was notified to BCIS that my husband would join me on my permanent resident application. (I understood that would allow him as 'follow-to-join').

An interview is still needed for all follow-to-join cases and all required docs/forms are also needed to be presented as stated by BCIS/US Embassy.

Now, the reply from NWD consulate that interview is scheduled for both.

Sometimes the answers from the US Embassy are general in nature. Hence please be specific and make your point in your e-mail (at the same time be concise also).

I have asked my lawyer to clarify and I will send another email to consulate.... yes, you are right, I don't want surprises on interview date.

Your lawyer should help your solve the mystery but its all your responsibility to get answers to all your doubts/questions. Your lawyer will not be very helpful when you are stuck in US Embassy< New Delhi as the Consular officer's decision is final.

My spouse is Indian and he is residing in a SE Asian country and he is getting PCC from the country he is residing now and from Indian consulate there.

That's right.

I don’t think he needs PCC from India as I received email reply from NWD consulate that I don’t need PCC from India if I have been residing outside India for many years.

That's correct too.

I remember you posted the complete list of docs to take and steps to do on reaching Delhi (doc appt, doc contact, photo etc). Would you have a link to that page.

Most of the info is in this thread. Please find time to go through it. If you want any specific answer. please post it on this thread and I will try to answer in the best of my knowledge and experience.


Thanks
 
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Starting my I140

Hi all

Great to be here and hoping to get guidance from gurus..

I am about to start my 140 application, and debating between cp and aos....

some say this and some say that, but what color do I choose???

I feel strongly about CP, but the fear of rejection ......

Like someone mentioned there has not been many sharing from the delhi center about the cp process there, like other centers.

And thanks to Rajiv for maintaining this site, great work!

Looking for some advice please

Shambho
 
shambho:

To start, the reasons for CP rejection are the same reasons for AOS rejection. SO there is no significant difference!

Needless to say research more but at a high level DO CP if:
1. Youve (and other applicants) been been in status throughout your stay in usa. And there is no criminal/ illegal/ unlawful / fraudulent past.
2. There is no contagious medical condition (like hiv/ syphilis/ std...).
3. Your job is 100% secured for the time of I-140 and until CP interview atleast.
 
Urgent, Interview Postponement

Me and my husband are scheduled for CP interview on Sep/15.

Initially there was some confusion that my husband is not scheduled for interview on the same date and his birth certificate has not been obtained, yet .
We also have an urgent work in India on Sept 30 but can't get longer vacation from employer to stay in India till that time. For Sep/15 interview, we would have to travel ~Sep 7, returning back on ~Sep 20.

Is it possible to request for postponing interview date now for both of us and request for a specific week ? Or is it possible to postpone interview date only for my husband ? If we can get our interview date postponed around Sept/24 that would make things better for us.

Thanks
 
reve:

Normally once the interview date is fixed, it is relatively difficult to change although it has happened in the past with a number of folks and with a valid reason. It is difficult to get a reply via email and even difficult to get thru consulate phones in the time frame we are looking at. Since your interview is in about 2 weeks, the best and fastest option would be for you to request someone (friend/ family) to go in person to the consulate and see if they can do this (reschedule at a later time or postpone interview by a week/ two) and what it would take. If consulate agrees to reschedule make sure they provide your folks with a reschedule appointment printout which is a confirmation that your interviews have been rescheduled to a specific date in sept/ a future date as the case may be.

Again remember US consulates are closed on Monday due to Labor day. So the earliest you will come to know if 2nd/3rd Sept and that will be too close a call.

It may be easier to explain to the employer the situation you are in and that you need to extend your vacation by 2 weeks. Explain that rescheduling interview due to time constraint may not be possible. I feel comfortable saying that if one explains the situation, every manager will understand.

Is it possible to request for postponing interview date now for both of us and request for a specific week ? Or is it possible to postpone interview date only for my husband ?
AnsweR: Remember the dependant applicant cannot get the cp interview before the primary applicant. So if you husband is the primary applicant and he plans to postpone then you cannot proceed with the interview. But yes, if you are the primary app then you can go ahead with the interview and try to reschedule for your husband.

Again a word of advice time is too little plus there is a long weekend (about 6-7 working days before you have to leave). If the manager is one who has not undergone GC process (which is very likely) then explain the CP process, explain it (also say there is very little control on the part of the cp candidate) and most of the times, this helps!
 
startup company: problems?

Thanks Kdivekar for the response, that clears my confusion, and I have another question,

when I came to US on my H1B, I registered a company and opened a bank account. did a few transactions, and this has been lying dormant with no activity. I did not do any business here in this company. Am not sure if it is legal to do so...

Will this affect my GC process?

thanks again
Shambho
 
shambho:

As long as you set up the business legally and the few transactions (assuming business transactions and not personal, and taxes were paid on them as a business) that you did were legal and you can prove it if need be then you should be fine! Also i am assuming you did not file you h-1 thru this business!

Also consult an attorney to double check my opinions!
 
re: Urgent, Interview Postponement

kdivekar :

Appreciate your response.

As you wrote it will be very hard to know for sure whether the date can be postponed within same month and I have to pay for my tickets soon. My lawyer also told me that if I try to postpone interview date then I may not get another date until Nov or Dec. But this does not fit with the need of being in India on Sept 30

I am the primary applicant and have decided to go ahead with Sept 15 date. In case, my husband can not obtain all his docs by that time, then we will try to reschedule his interview date. I still don't have to sort out a way to be in India until Sep end and I have already taken few weeks vacation this year, so it's hard even to go for 2 weeks. Hopefully will work out something.

thanks & regards.
 
I wish i could do something to help you other than writing a few lines. I agree with your attorney that normally if one requests a cp interview reschedule the consulate is known to reschedule after 75 days but before 365 days from the original date of cp interview.

I think you have made the right decision by going ahead with the cp interview on 9/15. I think your husband should setup a meeting with his manager one on one and explain the gc process thru cp and legal hassles (have him use words like INS/ BCIS and immigration, law) and I am sure his boss will make an exception and allow an extended paid/ unpaid vacation.

As far as birth certificates, if they are not available then get a "non-availability certificate" and have your husband get 2 affidavits of birth from his parents/ elder siblings/ relatives/ friends. Getting NAC and affidavits is a matter of spending 1 day outside a court / birth certificate issuing office in your home country.
 
reve if you wish click on profile link next to my id and send me a private chat if you want to explore options!

Dont worry everything will fall in place!
 
New List of Docs/Hospital as of Sep4th, 2003

1. (New) Indraprastha Apollo Hospitals
Sarita Vihar, Delhi Mathura Road, New Delhi- 110 044
Telephone: 26825573, Fax: 26825605
Contact: International Office, Monday to Saturday - 9 a.m. to 5.30 p.m.
Check-up timing: Monday to Saturday - 2 p.m. to 5 p.m.

2. Dr. N.P.S. Chawla & Dr. D.K. Chawla
37 Prithvi Raj Road, New Delhi
Telepone: 24611727, 24698554,24621684
Timing: Monday to Friday
- 9 a.m. to 1 p.m. & 4 p.m. to 6 p.m.
Saturday - 9 a.m. to 1 p.m.

3. Dr. Bhushan K. Dawesar & Dr. Shakuntala Dawesar
G-27. UGF, Ansal Chambers 1,
3, Bhikaiji Cama Place, New Delhi 110066
Telephone: 26104129, 26195327, 26107191
Timing: Monday to Friday - 9 a.m. to 1 p.m.
Monday to Saturday - 4 p.m. to 8 p.m.

4. Dr. Harish Khosla & Dr. Rajiv Khosla
166 Jor bagh, New Delhi
Telephone: 24692544, 24611708
Timing: Monday to Saturday - 9 a.m. to 1 p.m. & 4 p.m. to 6 p.m.
 
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Does any one know about how long will it take to get a case number after we file I 824?

My lawyer thinks that we have to get our file transferred from the service center to NVC (I presume this is when i 824 gets approved) for us process our case thru AC 140.
I was reading in this forum that we can apply for AC 140 with receipt number of i824, that is before 824 gets approved.

Any one please help.
Thankx
 
AC-140 channel

Originally posted by damsel'ndistres
Does any one know about how long will it take to get a case number after we file I 824?

My lawyer thinks that we have to get our file transferred from the service center to NVC (I presume this is when i 824 gets approved) for us process our case thru AC 140.
I was reading in this forum that we can apply for AC 140 with receipt number of i824, that is before 824 gets approved.

Any one please help.
Thankx

When an individual/attorney chooses to do AC-140 then the CP (Consular Processing) is not through the classic channel of the case going through the NVC.

Classic CP route: An individual chooses CP when filing I-140.

AC-140 route: An individual chooses AOS when filing I-140 then changes mind to go for CP. An attorney files I-824 to change to CP route. Attorney then files packet 3 directlty to the US Embassy with the I-824 receipt (if the US Embassy/Consualte accepts AC-140 with I-824 receipt and not I-824 approval). US Embassy in the individual home country gives a CP case number and not NVC.

Thanks.

Note: US Consulate Chennai need I-824 approval for AC-140 but US Consualte, Mumbai needs only I-824 receipt. I am not vey sure about the US EMbassy, New Delhi but have a feeling that they accept I-824 receipt. Please confrim by calling them or sending an e-mail.
 
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Just want to confirm that New Delhi like Mumbai accepts AC I-140 with 824 receipt. New Delhi does not require 824 approval.
 
Thank you CPdelhi and Kdivekar.

Just want to make sure What i believe is right. Please clarify if I am wrong.
WE apply for i 824 at your service center (mine is Texas). The purpose of filing i 824 is asking the service center to forward my file to NVC. Is it right?

My lawyer filed I 824 on August 26th. Presuming that I will be getting the receipt number of i824 from Texas service center, Is it this receipt number that I will be attaching to package 3 when i go through AC 140 at new delhi. How long will it take for me to get the receipt number.


Thank you.
 
File packet3 with New Delhi as soon as you have I-824 receipt

Originally posted by damsel'ndistres
Thank you CPdelhi and Kdivekar.

Just want to make sure What i believe is right. Please clarify if I am wrong.
WE apply for i 824 at your service center (mine is Texas). The purpose of filing i 824 is asking the service center to forward my file to NVC. Is it right?

No. I-824(Application for Action on an Approved Application or Petition ) is filed to change the GC route from AOS to CP or vice versa. In your case its from AOS to CP. The service center will takes its own sweet time after the approval of I-824 to do any further action on your case. But in the mean time your attorney can send the completed packet 3 to US Consualte, New Delhi as soon as you have the I-824 filing receipt from Texas Service Center. On the receipt of all the docs and forms, the US Embassy, New Delhi will create a CP case number for you starting with NWD2003XXXXXX. If your case reaches in year 2004, the case number might be NWD2004XXXXXX. The 6Xs will be unique to your case.

My lawyer filed I 824 on August 26th. Presuming that I will be getting the receipt number of i824 from Texas service center, Is it this receipt number that I will be attaching to package 3 when i go through AC 140 at new delhi.

Very True.

How long will it take for me to get the receipt number.
TSC should send you the receipt in 3 to 4 weeks time frame. If it takes longer than that please call TSC to find the status of your I-824 application.


Thank you.
 
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Attached is the form I-824 which explains the reasons why one should file it:
http://www.immigration.gov/graphics/formsfee/forms/files/I-824.pdf

In short, the reason you have filed this is becoz you wanted to change the process from AOS to CP and hence inform a consulate (guessing New Delhi in your case) that your I-140 is approved and now you are ready for CP. With AC I-140 process which you are following NVC does not come in the picture.

Once you receive I-824 receipt which takes about 3-4 weeks after filing papers, your attorneys need to download packet 3 forms from the web include in that packet a cover letter, I-140, letter of hardship, pcc, birth and marriage certificate, affidavits of birth if necessary and other papers that your attorneys should be aware off. Once this packet is ready he needs to mail it to N.Delhi and then generally N.DElhi will respond in about 3-4 weeks with a case number and you should expect to get an interview in about 3.5-4 months from then assuming the case is accepted and everything goes smooth!
 
Re:New List of Docs/Hospital as of Sep4th, 2003

On Packet4 I received from NWD, Apollo hospital is on the list.
I am planning to do my medical there. Has anyone done medical at Apollo ? Pls share experiences.

I have my interview on Sept 15th and leaving this weekend for it. Anyone else having interview around this date at NWD consulate, pls write. I have not seen anyone for Sept NWD interview on this board.

regards,
 
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?

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? Please respond.

Thank you in advance.
 
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