Do I need to file I-824 or AC-140?

B

bgrover

Registered Users (C)
The immigration law firm for my company filed for my I-140 in September 2003. At that time since my salary was lower than the one quoted on my Labor application, the firm did not give me an option to file for I-140 and I-485 concurrently. They also did not give me the option to choose between counselor processing and adjustment of status. My I-140 was filed with the option of AOS.

My I-140 is not yet approved, however, my HR has given a green signal for processing my I-485 based on anticipated salary increase in July, 2004. I would like to go for CP in the Delhi, India Consulate. However, wanted to get some clarifications:


1) Do I have to to file for I-824 and/or AC-140 in order to go for CP even through my I-140 has not been approved yet? If not, what would be the process for changing my option from AOS to CP?

2) At what stage in the process does the salary have to be higher than the one stated in LC or the current prevailing salary?

3) Where can I get the detailed information for the situations under which an I-824 or AC-140 needs to be filed?

I would greatly appreciate it if somebody could shed some light on this extremely convoluted process.

Thanks
 
1) Do I have to to file for I-824 and/or AC-140 in order to go for CP even through my I-140 has not been approved yet?
Click to expand...

No.

If not, what would be the process for changing my option from AOS to CP?
Click to expand...

File I-824 after I-140 is approved if it was approved for AOS (sometimes they approve for CP even if you ask for AOS - like it happened in my case).

2) At what stage in the process does the salary have to be higher than the one stated in LC or the current prevailing salary?
Click to expand...

Don't know for sure but my guess would be "at all time since person is doing job as described in the LC." Minor differences in figures haven't mattered in past.


3) Where can I get the detailed information for the situations under which an I-824 or AC-140 needs to be filed?
Click to expand...

Here.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
Hi,

2) At what stage in the process does the salary have to be higher than the one stated in LC or the current prevailing salary?
--------------------------------------------------------------------------------



Don't know for sure but my guess would be "at all time since person is doing job as described in the LC." Minor differences in figures haven't mattered in past.

****************the above from previous post*************

I just need to comment on this point.

The candidate is expected to receive the salary stated in LC after he becomes a permanent resident. It does not matter if the current salary is lower than the LC salary.

This would natually give raise to the following questions.

a) What is an acceptable difference?

b) If you are doing the same job why do you expect your employer to raise the salary immediately on getting the Green card?

The answer to the first question is, the difference should be marginal say 10 to 20 % . It would be difficult to explain a
difference of 50%. I speak from experience that a difference of
15% did not matter.

The second one is a question a consular officer can ask of you.
You need to be prepared with a reasonably good answer like, your better marketability as a PR , federal projects and so on.

Raju
 
ac140

I want to go in for the AC140 at New-Delhi Embassy.
Can anybody share his experiences with me. What kind of questions are asked at the U.S. Embassy in New Delhi and what kind of paper work is required in such filings.
What is the success rate in such cases? What if the AC 140 is not approved - does the AOS application continue as is or is also rejected.
thanks
 
mssj:

A lot of the questions you have , have been answered in some of these threads. Research and you will find most of them in details. I will try to be brief and answer you questions.

Can anybody share his experiences with me.
Answer: Search for the words: "new delhi I-140 attorney certified experience" and you will fnd a lot. Also check www.cptracker.com with a listing of folks doing cp from new delhi and send them an email if you'd like!
==============================================
What kind of questions are asked at the U.S. Embassy in New Delhi and what kind of paper work is required in such filings.
Answer: Questions generally range from where do you work, what do you do, what does your company do, do you plan to go back and join the same company and so on. You will find a listing again if you search this site.
==============================================
What is the success rate in such cases?
Answer: I am sure there have been a couple of refusals but i have not heard of them or seen on this site. I would like to say success rate is 99.99% . CP can get rejected for reasons for fraud, out-of-status stay exceeding 180 days or contagious disease. CP interview gets reschedule (not rejected) if there are missing document that would otherwise be required for the interview.

==============================================
What if the AC 140 is not approved - does the AOS application continue as is or is also rejected.
Answer: If AC I-140 application is rejected, then AOS continues provided your attorneys inform USCIS that you would like to continue with AOS.
 
ac140

Kd1403 : I thank you very much for your reply. Is the processing system the same for AC140 and CP. My questions were regarding AC140 can you please be more elaborative on this - Thanks
 
mssj:

AC I-140 applicaiton involves 2 parts:
GEtting I-824 receipt : 1 month.
GEtting interview based on AC I-140 application: 4 months
So total of 5 months or even 4 months!

REGular CP averages 6-7 months tog et the interview after I-140 approval.

SO yes AC I-140 is faster than regular CP but just by a month or two.

More details around AC I-140 process are here:

http://www.immihelp.com/gc/consular/ac140.html
 
ac140

kd1403: Can you please tell me what kind of paper work and questions are asked on the AC140 interview.Why is that people do not opt to for going into the regular CP or AC140 instead of going through the Longer route of AOS i.e 485 filings. Thanks for all the information you have been providing me.
 
mssj:

Can you please tell me what kind of paper work
Answer:
Mandatory paperwork:
http://www.immihelp.com/forms/ds2001fill.pdf

Addiitonal listing of documents recommended:
http://boards.immigration.com/showthread.php?s=&threadid=94430
==============================================

and questions are asked on the AC140 interview.
Answer: REsearch the forum. But basically questiosn such as : where do you work, what do you do, how long have you been working, what does your company do, and so on...pretty basic questions. Your spouse can expect questions around marriage date and so on.

=============================================
Why is that people do not opt to for going into the regular CP or AC140 instead of going through the Longer route of AOS i.e 485 filings.
Answer: You answered your own question. CP/ AC I-140 preferable since AOS taking way too long and CP not as risky as it may sound!
 
Thanks for all the information. I have some follow-up comments and clarifications.

According to the information in the following forum, CIS usually sends the approved I-140 to the National Visa Center, which then sends a letter to the lawyer to ask which route to go. If CP is chosen, NVC handles it and eventually send the file to the consulate. If AOS is chosen, NVC sends the paperwork back to CIS.

http://boards.immigrationportal.com/showthread.php?threadid=113688&highlight=JoeF

Based on that information, it would appear I will not need to file I-824 or AC-140 since my lawyer will have the option to choose CP at the time of I-140 approval. I would like to get additional feedback on this process from the knowledge base on this website.

Additionally, is there a way to track the I-140 specifically for your case if you do not have the I-140 reciept number?


Thanks
 
bgrover:

There is no way to track I-140 without having your case reference number.

And a small edit to your statement above:

1. IF AOS is chosen then after I-140 approal the I-140 approval does not go to NVC, it remains with USCIS for AOS processing.

2. IF CP is chosen while filing I-140 then after I-140 approval the file is sent to NVC for further processing.
 
AC140

Kd1403 : I had filed my I-140 and 485 concurrently in Oct-2002 at Texas. Since there is a huge backlog there , would you give me your opinions as far as going in for Ac140 and the kind of risks involved. Lately I have been hearing that Texas has started adjudicating cases quickly. Considering the cost factors etc. involved would you recommend going for the AC140 or to stay in the AOS que and wait.

bgrover : your opinion/advice to the above would also be appreciated.

thanks
 
So do I need to file for I-824 / AC-140?

Thanks for the prompt response Kd!

Does your response imply that I do not need to file for I-824 or AC-140 for my case?

I would appreciate your explicit input to the question. Thanks.
 
Re: So do I need to file for I-824 / AC-140?

Originally posted by bgrover
Thanks for the prompt response Kd!

Does your response imply that I do not need to file for I-824 or AC-140 for my case?

I would appreciate your explicit input to the question. Thanks.
Click to expand...

bgrover,

In your first post you had said the following two points:

a) Since your salary was not at par with the salary mentioned
in LC, your company did not file the I-140 and 485 concurrently.

b) For the same reason they were not keen on having you take
the CP route and hence the I-140 was filed with the AOS
option.

If the above is true, then your options are clear.

The service center is going to hang on to your file even after the
I-140 approval and put it in the AOS line as kd has rightly indicated.

Now, if you decide to swith the route to CP (luckily your consulate
'New Delhi' accepts AC-140 cases), then the following is what
you need to do.

a) File a form I-824 indicating your change of heart about the process and wish to go for the CP.

b) Collect the I-824 filing receipt (you need not wait for the actual
approval).

c) Get together with your Attorney and seek their help in filing
the AC-140 paperwork.

Once New Delhil receives your papers they would fix an interview
date for you.

Now to address your other concerns:

i) It is necessary for the sponsor to give a letter stating that they
would pay you the designated salary as mentioned in the LC
when you get your PR status.

ii) It does not matter if your current salary is lower that the LC
salary (within a reasonable variation, say upto 20%).

iii) You need your Company's and Attorney's support, given the
fact that the whole process may be completed much more
quicker that the AOS and the Company is legally obligated to
pay the LC salary upon you getting the Immigrant Visa.

Research the forum for informaton about specific steps about
filing of Form I-824 and AC-140 etc.

While all this is going on your AOS is going to proceed as normal.

Hope this helps.

Raju
 
Additional Clarification

Thanks Raju! It is heartening to know that I can file for AC-140 in the Delhi consulate (if I have to) as that will shorten the process.

However , I am still confused regarding the need to file for AC-140. I would like to provide some additional input as well as get some additional clarification.

Additional Info:
The salary differential is about 10% . In July 2004, I am scheduled to get a raise that will more than cover the differential and I can easily get a letter from my HR stating that. My I-140 was filed in Sep, 2003 and has NOT been approved yet, but I have been given the permission to move forward with filing of I-485 based on the fact that the salary differential will be covered very soon.

So that salary differential should be a non-issue.

Additional Clarification:

Having said that, based on the forum I mentioned in my previous post, it appears that I should not have to file I-824 or AC-140 even after the approval of my I-140. When my I-140 gets approved, NVS will send a letter to my lawyer asking them which route to go. At that time, the lawyer can indicate that we would like to route I-485 through CP WITHOUT having to file for I-824 or AC-140.

Is this accurate? If it is, I should not have to file for I-824 or AC-140 at any stage, correct?
 
bgrover:

From the 4th line of your 1st posting above, it appears that you have filed I-140 with AOS option. If this is true and if you want to change your route to AC I-140, then you will have to file I-824 and then AC I-140 packet with NWD which appears to be your consulate!
 
Re: Additional Clarification

Originally posted by bgrover
Thanks Raju! It is heartening to know that I can file for AC-140 in the Delhi consulate (if I have to) as that will shorten the process.


Additional Clarification:

Having said that, based on the forum I mentioned in my previous post, it appears that I should not have to file I-824 or AC-140 even after the approval of my I-140. When my I-140 gets approved, NVS will send a letter to my lawyer asking them which route to go. At that time, the lawyer can indicate that we would like to route I-485 through CP WITHOUT having to file for I-824 or AC-140.

Is this accurate? If it is, I should not have to file for I-824 or AC-140 at any stage, correct?
Click to expand...

bgrover,

From the above it looks like you have some confusion about the
terms. Let me try to clarify once again.

There are 2 different routes to getting your Green Card from the
I-140 stage.

1. Check the box for 'CP Option' in the I-140 petition, to indicate
that you wish to appear at a consulate abroad for your
Immigrant Visa interview.

2. Check the box for AOS (which is also called the 485 process)
to indicate that you wish have your case adjudicated while
you are here.

For those candidates who indicate 'cp option' upfront there is
no issue. The service center will upon approving the I-140
send it to the NVC for the rest of the process.

On the other hand, for those candidates who have opted for
the AOS (485) in the I-140 petition the case stays in the
Service Center in line for the adjudication (issue of green card).

By your admission, you belong to the second category.

The form I-824 is a form prescribed for those candidates who
have ORIGINALLY OPTED FOR 'AOS' and who wish to CHANGE
TO CP PROCESS. when the department receives this form they
know that the candidate wishes to change the process.

AC 140 is Attorney Certified 140 process where in the candidate
can directly approach the respective consulate and seek an
interview date. This way you are short circuting the process time
at NVC.

Only some consulates accept the AC 140- cases and New Delhi
is one of them.

I am repeating myself here. In your case you need to wait till
you get your I-140 approval. Then file Form I-824. With the
filing receipt take the help of your attorney to prepare the
documentation for AC 140 and send to the consulate.

Coming back to your question, I do not know if the service
centers send this kind of letters for all of the AOS cases. If that
is the case why would we see so many filings of I-824??

This may be a letter they send at the time of making a decision on
the I-824. I do not know!

Raju
 
Thanks guys

Raju, thanks for clearing the terminology and providing the additonal information. Mine was indeed mixed up !

Joe, thanks for the message on this thread. It gives me the background information I need. I guess I have to convince my firm and their law firm now. Fun stuff!!
 
The above is a classic example why the members should take the
information with a pinch of salt.

Thanks to JOEF for clarifying the issue.

The rules, regulations, norms associated with the VISA process
are so dynamic, it is difficult for anyone to keep track of them unless they are professionals like Immigration Attorneys, or people with very deep interest in them.

While the advise in almost all the cases is given in good faith, it
is always good and safe to approach a qualified professional in these matters.

Raju
 
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