sarojaryal
Registered Users (C)
Anybody got approval of I-824 recently? If anybody got that, please submit you reciept and notice date include service center.
I am waiting for eight months.
saroj
I am waiting for eight months.
saroj
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I-824 (Action on Approved petition)
- Thread starter sarojaryal
- Start date
sarojaryal
Registered Users (C)
pttx01
thanks for reply.
My consulate office would be katmandu. I don't know they will accept just receipt letter or they need approval letter. But i am going back home this week. I will try there myself. Let's see, what's going to happen. even though Virmont Service Center is doing nothing no-a-days. Because, their prossessing time is 25th feb. for four months.
I will keep in touch in this forum.
Saroj
thanks for reply.
My consulate office would be katmandu. I don't know they will accept just receipt letter or they need approval letter. But i am going back home this week. I will try there myself. Let's see, what's going to happen. even though Virmont Service Center is doing nothing no-a-days. Because, their prossessing time is 25th feb. for four months.
I will keep in touch in this forum.
Saroj
tooOldtoWait
Registered Users (C)
mine is also from NSC
I filed I-824 for my wife at chennai consulate. Its taking for ever in NSC!
I filed I-824 for my wife at chennai consulate. Its taking for ever in NSC!
GANESH, YOUR I824 GOT APPROVED AT NSC, RIGHT IN 10 MONTHS? SO YOU HAD APPLIED FOR AOS AND THEN APPLIED 824. CAN YOU SHARE HOW LONG WAS IT AFTER YOU HAD FILED 485, DID YOU FILE FOR 824? WHY DIDN'T USE JUST RECIEPT OF 824 TO GO FOR CP? ALSO, FROM THE TIME OF APPROVAL OF 824 TO THE INTERVIEW DATE FOR CP, WHAT IS THE EXPECTED TIME?
ALSO DO YOU HAVE INFO ON WHETHER YOU CAN GO TO BOMBAY IF YOUR LAST H1B IS APPROVED AT MADRAS; MY JURIDICTION COMES UNDER MADRAS CONSULATE BUT I HAVE MY FIRST H1B APPROVAL FROM BOMBAY.
HOW LONG DID IT TAKE FOR YOU TO GET THE RECIEPT OF 824 FILING? ALSO WHAT WAS YOU REASON TO FILE FOR 824?
THANKS
ALSO DO YOU HAVE INFO ON WHETHER YOU CAN GO TO BOMBAY IF YOUR LAST H1B IS APPROVED AT MADRAS; MY JURIDICTION COMES UNDER MADRAS CONSULATE BUT I HAVE MY FIRST H1B APPROVAL FROM BOMBAY.
HOW LONG DID IT TAKE FOR YOU TO GET THE RECIEPT OF 824 FILING? ALSO WHAT WAS YOU REASON TO FILE FOR 824?
THANKS
Last edited by a moderator:
All about my I-824!!
dev28,
Here is my gc story.
==> Applied for GC 27th March 2001.
==> Got Labor done in 23rd August 2001.
==> Applied for I-140 (with AOS as the default option) on 24th August.
==> I-140 got approved on September 17th 2001.
==> Didn't act on I-140 untill January 23rd 2002.
==> Decided to take up CP.
==> Applied for I-824 on January 23rd 2002.
==> Got I-824 reciept on 28th January 2002.
==> Wrote a mail asking Chennai Consulate whether they would take up my case with the recipt of I-824. They came back and said that if I have had a pending AOS and demonstrate that the pending AOS is hindering my opportunites, they said on a case-by-case basis they would accept AC-I140 with I-824 reciept. My lawyer suggest to wait for approval of I-824.
==> Got my I-824 approved on October 31st 2002.
==> NVC received the papers on Nov 4th 2002. Case yet to be created.
Now to answer few of your questions: (Usual disclaimers apply)
All the answer specifically pertains to NSC and Chennai Consulate until otherwise mentioned.
Q: "YOUR I824 GOT APPROVED AT NSC, RIGHT IN 10 MONTHS? "
A: Yes. In about 9 months and 8 days.
Q: "SO YOU HAD APPLIED FOR AOS AND THEN APPLIED 824?"
A: Partial Yes and a partial No. Yes -- as I had applied I140 with AOS in mind. NO -- I didn't file I485 once my I140 was approved.
Q: "WHY DIDN'T USE JUST RECIEPT OF 824 TO GO FOR CP? "
A: Wrote a mail asking Chennai Consulate whether they would take up my case with the recipt of I-824. They came back and said that if I have had a pending AOS and demonstrate that the pending AOS is hindering my opportunites, they said on a case-by-case basis they would accept AC-I140 with I-824 reciept. My lawyer suggest to wait for approval of I-824.
Q: "ALSO, FROM THE TIME OF APPROVAL OF 824 TO THE INTERVIEW DATE FOR CP, WHAT IS THE EXPECTED TIME?"
A: From what I had checked with www.cptracker.com, my guess is that it takes about 4-5 months from the date of I-824 approval to the day of the interview (the actual date on which the interview happens). The break down approximately is something like the following.
INS to NVC ==> 3 - 5 days.
NVC creates a case ==> 1 week - 3 weeks after the above
NVC sends Packet 3 ==> 4 - 8 weeks after the above
Packet 3 from STL to NVC ==> 3 - 4 weeks after the day the STL receives packet 3
NVC review of Packet 3 ==> 3 - 4 weeks after the above
Packet 3 reaching US Consulate in India ==> 1 - 2 weeks after the above.
Q: "ALSO DO YOU HAVE INFO ON WHETHER YOU CAN GO TO BOMBAY IF YOUR LAST H1B IS APPROVED AT MADRAS? "
A: I am not sure on that. But looks like NVC decides the zone in according to what your lawyer mentions. Check with a lawyer. My take on that was NVC decides which zone you belong to based on which place the passport was issued from. (For H1-B, the lawyer mentions the nearest consulate from the place you live. So you could get away with it by getting the H1-B stamped from a consulate other than the consulate from your 'home' area)
Q: "ALSO WHAT WAS YOU REASON TO FILE FOR 824?"
A: When I was about to apply for my final stage at NSC I had these two options
i) AOS with a waiting period of over 14 months.
ii) CP with I824 waiting period of 45 days.
So I decided to do I824. Also, since I'm single, CP was flexible to me as I could wait until till the last moment of my interview to find a life partner and get married. (You could get your packet 3 for your wife if you could get married before you reach US with successful interview as IMMIGRANT and she could join you in about 3 months from then as IMMIGRANT)
Hope that helps.
Cheers,
Ganesh.
dev28,
Here is my gc story.
==> Applied for GC 27th March 2001.
==> Got Labor done in 23rd August 2001.
==> Applied for I-140 (with AOS as the default option) on 24th August.
==> I-140 got approved on September 17th 2001.
==> Didn't act on I-140 untill January 23rd 2002.
==> Decided to take up CP.
==> Applied for I-824 on January 23rd 2002.
==> Got I-824 reciept on 28th January 2002.
==> Wrote a mail asking Chennai Consulate whether they would take up my case with the recipt of I-824. They came back and said that if I have had a pending AOS and demonstrate that the pending AOS is hindering my opportunites, they said on a case-by-case basis they would accept AC-I140 with I-824 reciept. My lawyer suggest to wait for approval of I-824.
==> Got my I-824 approved on October 31st 2002.
==> NVC received the papers on Nov 4th 2002. Case yet to be created.
Now to answer few of your questions: (Usual disclaimers apply)
All the answer specifically pertains to NSC and Chennai Consulate until otherwise mentioned.
Q: "YOUR I824 GOT APPROVED AT NSC, RIGHT IN 10 MONTHS? "
A: Yes. In about 9 months and 8 days.
Q: "SO YOU HAD APPLIED FOR AOS AND THEN APPLIED 824?"
A: Partial Yes and a partial No. Yes -- as I had applied I140 with AOS in mind. NO -- I didn't file I485 once my I140 was approved.
Q: "WHY DIDN'T USE JUST RECIEPT OF 824 TO GO FOR CP? "
A: Wrote a mail asking Chennai Consulate whether they would take up my case with the recipt of I-824. They came back and said that if I have had a pending AOS and demonstrate that the pending AOS is hindering my opportunites, they said on a case-by-case basis they would accept AC-I140 with I-824 reciept. My lawyer suggest to wait for approval of I-824.
Q: "ALSO, FROM THE TIME OF APPROVAL OF 824 TO THE INTERVIEW DATE FOR CP, WHAT IS THE EXPECTED TIME?"
A: From what I had checked with www.cptracker.com, my guess is that it takes about 4-5 months from the date of I-824 approval to the day of the interview (the actual date on which the interview happens). The break down approximately is something like the following.
INS to NVC ==> 3 - 5 days.
NVC creates a case ==> 1 week - 3 weeks after the above
NVC sends Packet 3 ==> 4 - 8 weeks after the above
Packet 3 from STL to NVC ==> 3 - 4 weeks after the day the STL receives packet 3
NVC review of Packet 3 ==> 3 - 4 weeks after the above
Packet 3 reaching US Consulate in India ==> 1 - 2 weeks after the above.
Q: "ALSO DO YOU HAVE INFO ON WHETHER YOU CAN GO TO BOMBAY IF YOUR LAST H1B IS APPROVED AT MADRAS? "
A: I am not sure on that. But looks like NVC decides the zone in according to what your lawyer mentions. Check with a lawyer. My take on that was NVC decides which zone you belong to based on which place the passport was issued from. (For H1-B, the lawyer mentions the nearest consulate from the place you live. So you could get away with it by getting the H1-B stamped from a consulate other than the consulate from your 'home' area)
Q: "ALSO WHAT WAS YOU REASON TO FILE FOR 824?"
A: When I was about to apply for my final stage at NSC I had these two options
i) AOS with a waiting period of over 14 months.
ii) CP with I824 waiting period of 45 days.
So I decided to do I824. Also, since I'm single, CP was flexible to me as I could wait until till the last moment of my interview to find a life partner and get married. (You could get your packet 3 for your wife if you could get married before you reach US with successful interview as IMMIGRANT and she could join you in about 3 months from then as IMMIGRANT)
Hope that helps.
Cheers,
Ganesh.
Dear Ganesh,
Thank you for your fantastically presented reply!
Have couple of follow up questions:
1. When the attorney told you to wait for approved 824 to go for CP, you would have still given some thoughts re: CP with AC140 Vs CP with approved 824? If you did and chose the latter, could you please share those thoughts with me? What is the advantage of waiting for 824 for approval than going for AC140 with its reciept, in other words?
2.Initially although you thought the AOS would take 14 months Vs CP with approved 824 45 days, retropectively, the latter' estimated time inthe current scenario is 10 months for approval of 824 and 4-5 months for CP with approved 824, which comes to about 14-15months. Am I right? The reason I am asking this is my 485 is pending since 2 months now and I am wondering if I go for AC140 keeping in mind that 485 would take 14-15 months from my RD of 485, I might save significant time?
3.How do you prove that pending AOS will cause loss of opportunities-do you have to have an offer which is significantly better?
4.What happens if AC140 is :
A) not accepted at the consulate
B) accepted but then denied ( I have 1.5 yrs on my H1 left)
If you wish to contact me at dev28@yahoo.com, I would really appreciate.
Thank you for your fantastically presented reply!
Have couple of follow up questions:
1. When the attorney told you to wait for approved 824 to go for CP, you would have still given some thoughts re: CP with AC140 Vs CP with approved 824? If you did and chose the latter, could you please share those thoughts with me? What is the advantage of waiting for 824 for approval than going for AC140 with its reciept, in other words?
2.Initially although you thought the AOS would take 14 months Vs CP with approved 824 45 days, retropectively, the latter' estimated time inthe current scenario is 10 months for approval of 824 and 4-5 months for CP with approved 824, which comes to about 14-15months. Am I right? The reason I am asking this is my 485 is pending since 2 months now and I am wondering if I go for AC140 keeping in mind that 485 would take 14-15 months from my RD of 485, I might save significant time?
3.How do you prove that pending AOS will cause loss of opportunities-do you have to have an offer which is significantly better?
4.What happens if AC140 is :
A) not accepted at the consulate
B) accepted but then denied ( I have 1.5 yrs on my H1 left)
If you wish to contact me at dev28@yahoo.com, I would really appreciate.
Last edited by a moderator:
I-824 Issues
Dear Dev28,
I'll send you an email at your yahoo-id. Anyway I'm going to answer your questions in this fourm too because it would be helpful for others. (As usual the disclaimers apply)
Q:"When the attorney told you to wait for approved 824 to go for CP, you would have still given some thoughts re: CP with AC-I140 Vs CP with approved 824? If you did and chose the latter, could you please share those thoughts with me? What is the advantage of waiting for 824 for approval than going for AC-I140 with its reciept, in other words?"
A: Mostly attorneys would like to play it safe. I know at least my lawyer is. When my lawyer said that Chennai doesn't accept AC-I140 (but mumbai accepts I-140), it was partially true. Visit ImmiHelp website . I researched some more and it looks like chennai accepts AC-I140 on a different case. Visit the Following FAQ Section scroll down and click on their question "How do I request consular processing of a pending employment-based case?"
Q: "Initially although you thought the AOS would take 14 months Vs CP with approved 824 45 days, retropectively, the latter' estimated time inthe current scenario is 10 months for approval of 824 and 4-5 months for CP with approved 824, which comes to about 14-15months. Am I right? The reason I am asking this is my 485 is pending since 2 months now and I am wondering if I go for AC140 keeping in mind that 485 would take 14-15 months from my RD of 485, I might save significant time?"
A: Yeah it is true, that it takes pretty much the same time for NSC. While I-824 approval is quicker in TSC and was also quicker in VSC, it is somewhat slower in CSC. When I applied my I-824 NSC was the quickest. But for some reason the dates didn't move after a while (From the day I applied till couple of weeks back the date was stagnant at 12/17/2001. In between in August time frame it moved back by 2 years just for few weeks which my laywer mentioned that it usual during that time as INS recompute their time and as always makes some mistake or other and hence the small window of scary I-824 approval dates)
Q: "How do you prove that pending AOS will cause loss of opportunities-do you have to have an offer which is significantly better?"
A: There is no clear cut instruction on this topic. As far as my knowledge goes, send in a crisp letter (my experience shows that US Consulate, Chennai skims through lengthy letter and hence the whole message of what we want doesn't get through) to Chennai Consualte explanining why you would like to apply for AC-I140 and ask your lawyer to send in the certified copies of all the documents mentioned in the FAQ section of Chennai website. (refer previous question for the link). I'm again not sure on your second part. A better offer doesn't essentially mean loss of opportunity. Usually the highlight of hard-ship like inablity to take up promotions by taking other positions in your current company which require Green Card.
Q:"What happens if AC140 is :
i) not accepted at the consulate
ii) accepted but then denied ( I have 1.5 yrs on my H1 left)?"
A: For case i) the consulate just mails you back that they are unable to take up the case and would take it up once NVC sends the papers across. For case ii) I didn't get what you meant by "accepted but then denied". If Chennai accpets AC-140 they would send you packet 4 and the interview dates. If they don't accepts it's the same as case i).
Additionally, in your case, since I-140 is already approved, H1-B time is not a constraint as you could always apply for the 7th year extension.
The major pros & Cons for I-485 and I-824 is summarised below.
I-824.............................<==>......................I-485
===========================================
Marriage could be.........<==>...Need to get married preferably
done anytime before................before you file I-485
u immigrate into US
i.e. even after the
interview
Expensive, especially...<==>..For people having family especially
if you have family....................having kids
Every day from the.......<==>..I'm not sure, but think the days for
day you immigrate...................the citizenship start only after your
counts for citizenship..............get your final approval (I guess the
................................................the plastic card)
Hope this helps.
Cheers,
Ganesh.
Dear Dev28,
I'll send you an email at your yahoo-id. Anyway I'm going to answer your questions in this fourm too because it would be helpful for others. (As usual the disclaimers apply)
Q:"When the attorney told you to wait for approved 824 to go for CP, you would have still given some thoughts re: CP with AC-I140 Vs CP with approved 824? If you did and chose the latter, could you please share those thoughts with me? What is the advantage of waiting for 824 for approval than going for AC-I140 with its reciept, in other words?"
A: Mostly attorneys would like to play it safe. I know at least my lawyer is. When my lawyer said that Chennai doesn't accept AC-I140 (but mumbai accepts I-140), it was partially true. Visit ImmiHelp website . I researched some more and it looks like chennai accepts AC-I140 on a different case. Visit the Following FAQ Section scroll down and click on their question "How do I request consular processing of a pending employment-based case?"
Q: "Initially although you thought the AOS would take 14 months Vs CP with approved 824 45 days, retropectively, the latter' estimated time inthe current scenario is 10 months for approval of 824 and 4-5 months for CP with approved 824, which comes to about 14-15months. Am I right? The reason I am asking this is my 485 is pending since 2 months now and I am wondering if I go for AC140 keeping in mind that 485 would take 14-15 months from my RD of 485, I might save significant time?"
A: Yeah it is true, that it takes pretty much the same time for NSC. While I-824 approval is quicker in TSC and was also quicker in VSC, it is somewhat slower in CSC. When I applied my I-824 NSC was the quickest. But for some reason the dates didn't move after a while (From the day I applied till couple of weeks back the date was stagnant at 12/17/2001. In between in August time frame it moved back by 2 years just for few weeks which my laywer mentioned that it usual during that time as INS recompute their time and as always makes some mistake or other and hence the small window of scary I-824 approval dates)
Q: "How do you prove that pending AOS will cause loss of opportunities-do you have to have an offer which is significantly better?"
A: There is no clear cut instruction on this topic. As far as my knowledge goes, send in a crisp letter (my experience shows that US Consulate, Chennai skims through lengthy letter and hence the whole message of what we want doesn't get through) to Chennai Consualte explanining why you would like to apply for AC-I140 and ask your lawyer to send in the certified copies of all the documents mentioned in the FAQ section of Chennai website. (refer previous question for the link). I'm again not sure on your second part. A better offer doesn't essentially mean loss of opportunity. Usually the highlight of hard-ship like inablity to take up promotions by taking other positions in your current company which require Green Card.
Q:"What happens if AC140 is :
i) not accepted at the consulate
ii) accepted but then denied ( I have 1.5 yrs on my H1 left)?"
A: For case i) the consulate just mails you back that they are unable to take up the case and would take it up once NVC sends the papers across. For case ii) I didn't get what you meant by "accepted but then denied". If Chennai accpets AC-140 they would send you packet 4 and the interview dates. If they don't accepts it's the same as case i).
Additionally, in your case, since I-140 is already approved, H1-B time is not a constraint as you could always apply for the 7th year extension.
The major pros & Cons for I-485 and I-824 is summarised below.
I-824.............................<==>......................I-485
===========================================
Marriage could be.........<==>...Need to get married preferably
done anytime before................before you file I-485
u immigrate into US
i.e. even after the
interview
Expensive, especially...<==>..For people having family especially
if you have family....................having kids
Every day from the.......<==>..I'm not sure, but think the days for
day you immigrate...................the citizenship start only after your
counts for citizenship..............get your final approval (I guess the
................................................the plastic card)
Hope this helps.
Cheers,
Ganesh.
Last edited by a moderator:
dear ganesh, by saying case accepted but then rejected after interview i meant that the the consulate may accept the case based on initial review and then after the interview if they reject or deny the case, then what happens? would they tell you to wait till your 824 is approved and then go to the chosen consulate with additional evidence (depending reason for denial) or you have a choice to come back and apply for aos again?
thanks for your replies, you are simply neat!
dev
thanks for your replies, you are simply neat!
dev
Last edited by a moderator:
I-824 and AOS
dear dev28,
If consulate accepts your case based on AC-I140, it doesn't really matter whether I-824 comes through or not. Niether The reasons being simple:
"I-824 is just a mere application to transfer approved I-140 papers to NVC so that NVC could send it over to concerned consulate."
Since the lawyer receives a notice of approved I-140, Consulates are expected to believe the attorny's and issue you immigration status.
To let you out a well kept secert, actually, consulates are *NOT* really empowered to reject your petition. All they could do is request you for any additional/missing documents. The only reason why an immigration officer at the consulate could reject your immigration petition is if he suspects you to have commited felony or terrorism or something grave like that!!
Hope that helps.
Cheers,
Ganesh.
=============================================
Usual disclaimers apply. This is just a statement and not a legal advice.
============================================
dear dev28,
If consulate accepts your case based on AC-I140, it doesn't really matter whether I-824 comes through or not. Niether The reasons being simple:
"I-824 is just a mere application to transfer approved I-140 papers to NVC so that NVC could send it over to concerned consulate."
Since the lawyer receives a notice of approved I-140, Consulates are expected to believe the attorny's and issue you immigration status.
To let you out a well kept secert, actually, consulates are *NOT* really empowered to reject your petition. All they could do is request you for any additional/missing documents. The only reason why an immigration officer at the consulate could reject your immigration petition is if he suspects you to have commited felony or terrorism or something grave like that!!
Hope that helps.
Cheers,
Ganesh.
=============================================
Usual disclaimers apply. This is just a statement and not a legal advice.
============================================