Consular Processing (New Delhi)

rjain:

Great job sharing information. Seems to me that you are all set for your upcoming interview!!!
 
NO DS2001 IN PACKET III

There was no DS2001 in the packet III sent to me by NVC.
I have found out that this form is no longer sent.

PL
 
PCC FROM INDIAN CONSULATE

In reply to the hope expressed by rjain, i have found that the San Francisco consulate is not as efficient as the Embassy about issuing PCC's.

Even though my passport was issued in Houston it still is going to take them 30-35 days to issue the PCC. I have tried to contact SFO by email and have also left many voice messages, unfortunately no reply. [This is not the first time they have done this. When my son was born in the US, in a fit of "Desh Prem" I had wanted him to be an Indian citizen. Not knowing how to go about it I had tried to contact SFO consulate by email and also left many messages. But no reply. So after some time, as our India trip was approaching, I was left with no alternative but to get him a US passport. I guess everything happens for the best]

No, there is nothing in my history that would warrant a more than usual search. Never been arrested or ever had any 'contact' with the authorities either in India or anywhere else in the world.

PL
 
Consular Processing Fees

The US Embassy, New Delhi website shows the immigrant visa fees as $335/65.
Does anyone know what this 65 is about?
Thank you in advance.

PL
 
What if Delhi Consulate refuses AC-140 ?

Hi kd1403, cpDelhi & others, I had a quick question:

My AOS processing is currently going on, and I am working
on an AP/EAD. After reading this thread in detail, I understand
that I am eligible to apply for AC-140, adter I obtain an
I-824 receipt.

But what if my AC-140 application is rejected by NWD
consulate? In that case, my concern is, what happens to
my AOS process? Is it adversely effected in anyway?

Thanks.
 
Re: What if Delhi Consulate refuses AC-140 ?

Originally posted by avgm4757
Hi kd1403, cpDelhi & others, I had a quick question:

My AOS processing is currently going on, and I am working
on an AP/EAD. After reading this thread in detail, I understand
that I am eligible to apply for AC-140, adter I obtain an
I-824 receipt.

But what if my AC-140 application is rejected by NWD
consulate? In that case, my concern is, what happens to
my AOS process? Is it adversely effected in anyway?

{It would continue in its process with out any adverse
impact}

Thanks.

{my responses}

Raju
 
AC-140 application reject scenario & hardship letters

Raju, Thanks for the response.

So, when my AOS case will picked up for adjudication, the fact
that I have applied for an I-824 does not have any bearing
on my case ?

I have one more issue:
As I understand, we need to submit a hardship letter
along with the AC-140 packet. My AOS was applied in
Oct 2002. Considering that, what may constitute hardship ?

Could someone suggest some solid points which constitute
as hardship ?

Are there any sample hardship letters that I can look at ?

Thanks.
 
avgm:

So, when my AOS case will picked up for adjudication, the fact
that I have applied for an I-824 does not have any bearing
on my case ?

Answer: If you file I-824 and pursue AC I-140 you should get an interview in about 5 months even before your AOs case is picked up for processing. If for some reason there is a delay in your AC I-140 case which is relatively rare and if you I-824 is picked up for processing then you will have to inform USCIS that you wish to pursue CP instead of AOS and at that point your 485 and EAD/ AP will get nullified. But more than likely you will already have your GC via AC I-140 (no exagerration) before your 485 file is touched.

==============================================
I have one more issue:
As I understand, we need to submit a hardship letter
along with the AC-140 packet. My AOS was applied in
Oct 2002. Considering that, what may constitute hardship ?

Answer: Applied for 485 and its been pending for 2 years is good enough reason for hardship. And frankly speaking i personally do not know how much weightage the hardship letters has since we have seen folks who have filed AC I-140 without hardship letters and had a successful interview. But i still recommend including your hardship letter.

==============================================
Could someone suggest some solid points which constitute
as hardship ? Are there any sample hardship letters that I can look at ?

Answer: No samples available. May be when you create one for yourself you could share with us. But basically get your attorney to frame a letter preferrably on the law firm letterhead detailing your case with immigration reference numbers and include a reason for hardship.
==============================================

As noted by raju if your AC I-140 application is rejected by NWD then you can fall back on your 485 process BUT if your cp interview is unsuccessful unless for lacvk of documentation reasons then both your cp as well as 485 process is terminated and your existing h-1b visa is cancelled.
 
Could someone please give the telephone number for obtaining tax transcripts from the IRS. I have seen the number in this forum before but cannot find it now. Thank You.

PL
 
pitambar:

800-829-1040 and select whatever option to talk to an IRS rep coz there is no option for IRS transcript to the best of my knowledge.
 
Originally posted by Pitambar_Lal
Could someone please give the telephone number for obtaining tax transcripts from the IRS. I have seen the number in this forum before but cannot find it now. Thank You.

PL

(800) 829-1040

Raju
 
reasons for cp rejection

hello...read with interest kd1043 response..and am wondering what could be the reasons for rejection of CP process if documents are in order and there is no history of any overstay etc..please elaborate as I am pursuing CP while my aos is in line.....
2)...have been asked to frame some Hardship resons to justify cp processing..will welcome any suggestions however outlandish!!!

3)....does anyone know about the validity of the PCC issued by the embassy here..how long is it valid for.....
 
Elector,

Are you saying that your AC-140 CP application was rejected
by Delhi Consulate ?

Did you include a hardship letter along with the application
which got rejected ?

I dont have any answers for you, but I am surely interested
in what others have to say about your case.

Thanks.
 
elector:

what could be the reasons for rejection of CP process if documents are in order and there is no history of any overstay etc..please elaborate as I am pursuing CP while my aos is in line.....

Answer: There are 2 things:
* CP APPLICATTION could be rejected since the primary and/ or the derivative person does not fall under that consulate or due to incomplete documentation or does not satisfy some condition.
* CP interview could be unsuccessful for one of the following reason: immigration violation (such as overstay exceeding 180 days), criminal violation in any country after the age of 16, medical history involving comunicable disease or absence of notarize compay letter since sponsoring company not willing to hire the candidate.
==============================================

2)...have been asked to frame some Hardship resons to justify cp processing..will welcome any suggestions however outlandish!!!

Answer: Hardship letter is a requirement as a part of the AC I-140 packet which is mailed by the attorney to the consualte.

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

3)....does anyone know about the validity of the PCC issued by the embassy here..how long is it valid for.....

Answer: Indian PCc should not be more than 180 days old as on the date of the cp interview.
 
-------------------------
Old post text :
-------------------------
avgm4757>> So, when my AOS case will picked up for adjudication, the fact
that I have applied for an I-824 does not have any bearing
on my case ?

kd1403>> Answer: If you file I-824 and pursue AC I-140 you should get an interview in about 5 months even before your AOs case is picked up for processing. If for some reason there is a delay in your AC I-140 case which is relatively rare and if you I-824 is picked up for processing then you will have to inform USCIS that you wish to pursue CP instead of AOS and at that point your 485 and EAD/ AP will get nullified. But more than likely you will already have your GC via AC I-140 (no exagerration) before your 485 file is touched.
-------------------------
New post text :
-------------------------

Hi kd1403 & others,

Based on your reply above, and based on the link below, it seems
that AOS (and hence AP/EAD) can get nullified if I-824 is picked
up for processing before CP interview (and I select CP over AOS).

But if this happens, then I would no longer be able to work as
my EAD will be nullified, because I have no H1. This would make
me out of status, and would eventually nullify my CP as well.

Is there any work around for this worst case scenario ?

Do you know of this ever happening with anyone ?

Thanks,
avgm


http://www.nafsa.org/content/Profes...ces/ImmigrationAdvisingResources/2000D013.htm
 
avgm:

I don't think in any posting i mentioned that 485 cannot get terminated before your CP interview. My posting basically stated that one files I-824 then INS picks up the I-824 for adjudication and sends a letter to confirm that the candidate wants to pursue CP and terminate 485. Once this letter is signed and returned to INS, at that point, 485 and EAD gets terminated AND if you do not have H-1B then you are hosed if have not attended your CP interview before then.

The best way out of this issue is maintain/ renew H-1B , file I-824, file AC i-140, if you get the INS letter then confirm that you have opted for CP, thus terminating your 485 and EAD and then maintain status on H-1B until you get your cp interview via AC I-140 process.
 
Hi kd1403, I understand this now. I had earlier missed this
important point.

For me, maintaining an H1 is not an option as of now, as
it has expired, and I am working on EAD/AP. So, when I-824
is picked up for processing by USCIS, at that time, it is possible
that they without asking me, directly cancel my AOS ?

If I can be sure that they will give me an option, then I can
select AOS (out of AOS & CP) and get out of the mess.
(although I understand that in all probability, my CP interview
will get scheduled much before my I-824 is picked up for
processing).

Thanks,
avgm
 
avgm:

Yes even after filing i-824 USCIS sends a letter asking for a confirmation that the candidates wants to proceed with CP (indirectly terminating the existing 485 process). This is the normal process but....

There are number of possibilities - some possible, some harsh:

* This rule of sending letter for confirmation can change

* I am not sure but from what i understand there is a 30 day waiting period after this letter is mailed to expect a response. I am not sure how USCIS treats a situation where the candidate does not respond. What happens if that mail is lost in transit or in the mail at yoru attorneys/ company office?

* There could be an error on the part of USCIS where they proceed with cancellation of 485 and you are still awaiting the cp interview.

DUE TO YOUR SITUATION: Since your h-1b has expired and you are contemplating AC I-140, I strongly urge you to consult an attorney such as Rajiv Khanna to get an expert opinion as opposed to opinion of someone like myself who have gathered knowledge through surfing immigration sites.
 
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