CP Help Please

R

RamKGB

Registered Users (C)
I filled I-140/I-485. Recently I got I-140, EAD, AP approval. Now I am planning to go for CP.

Please help me in regards:

Actually, My parmenant place is in Chennai consulate region. But I came from New Delhi as I worked in Delhi and I got first H1B stamping from New Delhi. I never got stamp from Chennai.

a). Can I send my AC-140 to New Delhi consulate?.

My wife is also belongs to Chennai region and She got H4 stamping from Chennai consulate. Then after we got stamping from Department in DC.

b). Does my wife AC-140 goes along with mine or do I have to send her AC-140 to Chennai?

Appreciated your help!!!

thanks
Ram
 
a). Can I send my AC-140 to New Delhi consulate?.

Answer: REfer this link which defines what residence is for purposes of CP:
http://imminfo.com/Knowledgebase/FAM/FAM_HomeConsulate.html

Basically your consulate would be Chennai since that is your last place of residence and assuming that is your residential address in your passport! But definitely read the article from the link provided above! What is the place of residence in your passport? Also remember there are exceptions to defining place of residence which you can discuss with your attorneys!

b). Does my wife AC-140 goes along with mine or do I have to send her AC-140 to Chennai?
Answer: Yes she will follow your process...her name will need to be included in your AC I-140 packet which will bear a seperate ds 230 part i and ii with her personal details! She too will have her interview along with you in Chennai.
 
Hi kd1403,

Thanks for your Quick response!!!

I recently got new passport from CGI,NY with US residence address, but my old passport has chennai region address.

Link gave me lot of informafion and I have few concerns:

1. I got H1B Stamping from New Delhi, So that I would like to choose New Delhi, what would be consiqueses if it doesn't go through?

2. Can my lawyer send AC-140 to Chennai? Because, I read some where on the portal that Chennai is not accepting AC-140? Is n't it? Please correct me.

Give me your best advice to choose consulate.

Thanks for your help!!!
Ram
 
ramkgb:

1. I got H1B Stamping from New Delhi, So that I would like to choose New Delhi, what would be consiqueses if it doesn't go through?

Answer: Consulates is determined by your place of permanent residence in india which appears to be chennai from your previous 2 postings. Your attorney can definitely request NWD as the consulate based on your previous h-1b stamping from NWD but if NWD refuses on the count that your permanent residence is Chennai then in that event you have two options:

A. Withdraw your I-824 application and thus AC I-140 application and continue with your 485 process

OR

B. You can wait for I-824 approval which is taking about 6 months @ NSC/ about 18 months @VSC and then proceed with CP @Chennai.

Obviously best option in your case is for NWD to accept your C I-140 application based on your previous h-1b stamping!
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2. Can my lawyer send AC-140 to Chennai? Because, I read some where on the portal that Chennai is not accepting AC-140? Is n't it? Please correct me.

Answer: Yes your attorney will have to send to chennai. In about 4 weeks your attorney will get a rejection email since chennai is not accepting AC I-140. Based on this email and your previous h-1b stamping @NWD send the same ac i-140 packet to NWD.
You are correct about chennai not accepting AC I-140 process based on i-824 receipt!
 
Hi kd1403,

Thanks for your Quick reply.

Which one you would do:

1. Directly sending to NWD (by taking a chance)

or

2. Sending to Chennai --> getting rejection --> resend to NWD.

I respect and share your knowledge.

Thanks!!!
Ram
 
ramkgb:

Here is what i would do:
1. Consult with your attorney. Explain the fact that chennai is not accepting AC I-140 and you could qualify for NWD due to your previous h-1b stamping. And see what he/ she has to say!

Technically speaking this is what needs to happen:
1. Send to Chennai
2. Get rejection
3. Include that chennai rejection email in the new AC I-140 packet and resend to NWD.

But at the same time if your attorney feel comfortable bypassing chennai and directly applying to NWD then do as he/ she says!
As always attorneys know the best!
 
Hi Kd1403,

Thanks for your Quick reply.

I will explain all the facts to my attorney and would like to send to NWD.

Can you please get me some hits, tricks... to get through.

Thanks!!!
Ram
 
ramkgb:

No hints/ tricks...just follow the regular process.
Check following if you need to do your homework before talking to your attorney:

www.immihelp.com

www.imminfo.com

and look for CP & AC I-140

I am sure everything will go your way...all the best!
 
Hi kd1403,

Thanks for your Quick reply!!!

I mean, is it a good idea to attach request letter from attorney to NWD?

Ram
 
Well that is ones choice! Not sure if including it is a good choice or not! In my opinion it is but do check with your attorneys! I know for a fact a number of folks who were in your shoes did include the rejection email before forwarding the application to bbay/ nwd.
 
Hi Kd1403,

Thanks for your Quick response!!!

Can you please get me sample format of it.

Thanks!
Ram
 
Not sure what format you are talking about! All the information is on the above web sites provided (immihelp/ imminfo). Please research these sites plus the forum and you will find all that you need! If after research you did not get what you need you can post it specific questions here!
 
Hi kd1403,

Thanks for your Quick reply!!!

I will go through the provided information.

Ram.
 
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