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

JoeF - Clarification on I-824 and EAD

JoeF,
You say that via AC I-140 "FILING" of the I-824 automatically assumes that ones 4-85 is abandoned and thus invalidates the EAD? This seems to be a grey area as I was under the impression that once you file the I-824 one gets a receipt #, and then maybe in (9-12 months for VSC) they send us a letter specfically asking if we wish to abandon AOS and ONLY AT THAT time is the EAD/AOS considered void/abandoned. Do you have any site/info/personal where you got your information on the abandoned EAD from so we can check it out? I plan to file I-824 and am workin on EAD as my H1 has expired and this would affect me.
Do explain please.
Thanks!!
 
H1B renewal and ACI-140

I really appreciate all the useful information provided by gurus(kd1403, Raju595) in this forum website!

I recently got my I140 approved under the NIW category (non-concurrent) from TSC (last week). I had opted for the AOS option initially but yet to apply for 485, EAD, AP. Just last week, I came to know of an option of switching from AOS to either CP or ACI-140 (Chennai consulate).

I have been a silent reader of this forum and have to greatly appreciate all the useful information which even my lawyer is not aware of! It is very clear to me from all the posts that ACI-140 is much faster than both AOS and CP.

What I want to know is the following:

1. My H1B visa is expiring this july, I am currently working in a University and am in the process of applying for my renewal. Do I have to wait till I get my H1B renewed before I can go for the interview in Chennai? How long does H1B renewal take these days?

2. I am a research scientist and my lawyer is wary that if I go to chennai, I might get stuck for 4-6 weeks for backgroud checking and hence might get delayed for 2 months in Chennai itself. Hence he is alittle reluctant to follow up the ACI-140 route! From What I read in this forum, it seems like they do random checks on Indians unlike for chinese, is this true?

3. What are the risks assoicated with ACI-140 in my case?

Your valuable input is greatly appreciated!
 
niw_houston:

1. Do I have to wait till I get my H1B renewed before I can go for the interview in Chennai?
Answer: No. H-1B extension receipt is good enough as long as you have applied for such extension prior to its expiration.
=============================================
How long does H1B renewal take these days?
Answer: About 6-7 months!
==============================================

2. From What I read in this forum, it seems like they do random checks on Indians unlike for chinese, is this true?
Answer: This statement is probably true in a specific context (although I know I made this statement in reference to dvdhe case)! There have been a few cases with respect to consulates in india where name checks have happened on days of the interview and cause a delay of 4-6 weeks but thats all!
==============================================

3. What are the risks assoicated with ACI-140 in my case?
Answer: Normally no risks if you have been in status throughout, no criminal record, no contagious medical history and have your current job until the cp interview date!
==============================================

NOTE: Chennai as of today does not accept AC I-140 cases as it requires I-824 approval.
 
ACI-140 acceptance in Chennai

kd1403

Thanks for your input!


Here is what I found out about Chennai consulate:

"Attorney certified I-140 is accepted on a case by case decided by the Consular Officer. Some cases are not accepted by him.
I-824 receipt can be attached along with the packet. Again, there is no promise that the case will be accepted for processing."


I also found the similar information in Ron Gotcher's website: http://www.immigration-information.com/showthread.php?t=4581

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

It looks promising!
 
Raju 595/ kd , i can add another point of view to raju's earlier info on AOS,CP and AC 140...nto sure if this is agreeable by the rest of your or not..its like this:
assuming someone wants to do CP... but there is a delay in I-140 for people with CP option..especially for EB2..so he/she decides that it will be better to do AOS instead cuz the 140 is getting approved faster..and then the person switches to AC 140 cuz that saves time too..so the total result is that a person is back with the CP option he really wanted but just processed faster as compared to if he had gone the CP the regular way..

am i right?
 
puhrince:

Not sure what you are trying to get at with quizzing questions! There is no difference in processing times for I-140 with CP option VS. I-140 with 485 concurrent.

AC I-140 is for 485 filers who now want to change to Consular Process. And to add to that point, as compared to regular CP you save only about 2 months doing AC I-140 assuming you are evaluating time from the time of I-824 application. But then what about the time spent in filing 485? If you add that time to an AC I-140 process, then sure enough regular CP is faster.
 
kd..you are right, the time spent in applying for 485 was something i didn't think about : ) but on the other front regarding I-140 processing times, well actually i was referring to the NSC tracker, where I have seen or deduced (!) that cases filed as EB2/RIR/CP seem to take the longest as compared to people filing as EB2/RIR/Concurrent or Nonconcurrent.. so i wondered?
 
i agree with you Joe..the tracker is confusing to me cuz contrary to the processing times on there, i have seen my friends and colleagues getting their I-140 approvals much faster..it could be case by case anyways or how the lawyer has prepared the case..but anyways, also contrary to what you were mentioning, the processing times released by the USCIS is way off right now - maybe it was much more current during your year
 
puhrince:

Based on the latest NSC I-140 processing updates from last week, if your I-140 is filed @ NSC under EB2 you can expect to get I-140 approval in about 11 months from your date of I-140 application.

Also there is news / rumors that since H-1B cap has been reached the USCIS folks may use this time to focus on I-140 and 485 backlogs!
 
kd i agree with you but those updates don't match or are not current ..my colleague just got his approval today.. EB2, non concurrent, PD of a date in Oct 03..another colleague who got his approval last year - EB2, non concurrent, PD may 13,03 recd his approval in early Sep...how do we explain that? it throws off any tracker or uscis updates
 
and i forgot to add... thats the reason i wondered whether bcos they (my colleagues) didn't choose CP as an option before the non concurrent filing, that their I-140 approvals came thro faster as compared to dbsraju or anyone else waiting for their approvals
 
puhrince:

How do you explain the situation where someone who applied for I-140 1 day before me got his I-140 approval almost 100 days before me and someone who applied 21 days prior to my I-140 application received his I-140 approval almost 6 months after my I-140 approval? No one has such answers! But this is true and it has happened! I would advice you to leave it as is....what is controllable is what one should worry about and what is uncontrollable why worry about it?
 
GC_YEAHRIGHT!:

I have got both your 2 pm's but am unable to reply since my pm is messed up. Please post your question again in this forum! I have requested immigrationportal.com admin to take a look at my pm box!
 
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