Hi CP Gurus

[krishwork]

Hi Guys
I am a silent reader and trying to understand the detailed process of CP.
I had applied for CP while applying for my I140. My I140 was approved on November 2003.
Now my company says that INS had made a mistake instead of processing it on the CP Track , they are doing it in the normal 485 track.
my lawyers have talked to the INS. the information my company gives is as follows we have contacted the INS and we have no idea when they will get back to us and how they will get back to us.
I had a lot of planning based on this and now things are turning south.
has anyone faced with a situation like this.
and what would you advice me on this?

Wishing to hear from you guys ASAP

Thanks

 

[kd1403]

krishwork:

You can file I-824, do AC I-140 and call mistake by BCIS as a hardship, get your CP approval, get your physical GC and then if you want fly like a superman!

 

[krishwork]

THanks for your instant reply.
but I am planning to do my processing in chennai which doesn't support ACS
so what should I do ?

 

[krishwork]

THanks for your instant reply.
but I am planning to do my processing in chennai which doesn't support ACS
so what should I do ?

 

[thanickel]

Chennai does accept ACS on a limited basis for E1&E2 and very limited basis for E3, as KD1403 suggested you have a valid case for hardship as INS made the mistake.



--- FROM CHENNAI CONSULATE WEB SITE ---------

On a case-by-case basis, the U.S. Consulate General in Chennai is accepting employment-based immigrant visa cases for processing when all the following conditions are met:

>INS has already approved an E1 or E2 category immigrant visa petition and the applicant has an original I-797 form

>the applicant is a resident of the Chennai consular district

>the priority date of the case is current or could reasonably be expected to be current within 60 days (we will not warehouse non-current cases)

>waiting for the INS to process the change-of-status application would cause the applicant hardship

>the applicant has attorney-certified copies of all pages that made up the original immigrant visa petition

>there does not appear to be any indication that the case is fraudulent

>and our workload permits us to take the case
If you believe that your case meets these conditions, have your attorney send certified copies of your I-140 paperwork to the Immigrant Visa Unit, U.S.
Consulate General, 220 Anna Salai, Chennai 600 006 India with

>the original I-797 Notice of Approval Form

>complete forms OF-169 and OF-230, part 1

>an e-mail address where we can contact the attorney with confirmation that we have accepted the case
DO NOT send any submissions to any officer or employee by name. Doing so mixes business with personal mail and results in lost paperwork when officers transfer.
We are accepting E3 cases that meet the above conditions on a more limited basis, where it is clear that the applicant is highly skilled. We would accord precedence to applicants who have already received H1-B visas in the same profession or for the same employer.

NOTE: This procedure only applies in change-of-status cases. If INS has approved an employment-based petition and you had asked from the beginning to apply for the visa in Chennai, then we must wait for the case to arrive from the National Visa Center.

--------------------------------

 

[krishwork]

suggested you have a valid case for hardship --
what exactly does this mean in layman's terms?

 

[kd1403]

krishwork:

To get interview via AC I-140 route one needs to include a letter for hardship which in your case your attorney should state that INS made the mistake of changing your CP process to AOS and after constant effort has refused to change to CP and hence the AC I-140 route. Searhc AC I-140 threads for detailed info.