I-824 concerns/questions

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RamKGB

Registered Users (C)
Few questions/concerns regarding I-824: (Sorry If I repeat the same)

1). Which option should we choose for part 2 ("Application type") in form I-824 to switch from AOS to CP?

2). Any idea how long it will take for get the I-824 receipt from NSC?

3). Does I-824 requires any additional documentation? I think, it’s just a form, is n’t it?

4). Please answer me what are all precautions I need to take care? Because, I have seen few posting where people are/were more worrying about this I-824 form (1 page). I don’t see any difficulty in this (may be I am totally wrong).

/ * I-824 was approved just the other day (TCS- Applied May 17th 2002!!). What's involved from here on.
Is there anything I can do to expediate the process with NVC. My Lawyer made few key mistakes that tremendously delayed my I- 824. I do not trust her anymore and worried may repeat similar errors.
Also my PCC was issued May 2002. Any issues with its validity since its been >1yr.

Appreciate any help.
Ajnahitokal */

Thanks for help!!!
Ram
 
1). Which option should we choose for part 2 ("Application type") in form I-824 to switch from AOS to CP?
Answer: YEs checkbox 2.b.

2). Any idea how long it will take for get the I-824 receipt from NSC?
Answer: About 2-4 weeks.

3). Does I-824 requires any additional documentation? I think, it’s just a form, is n’t it?
Answer: I-140 copy is recommended to be included though not required. Including a copy of I-140 can speed the process.

4). Please answer me what are all precautions I need to take care?
Answer: Like you said it is a simple form to fill. After completing, include copy of your I-140 and mail to the service center which processed your I-140 application. Once you receive i824 receipt, include that in your AC I-140 packet and mail that packet to your consulate.
 
Hi kd1403,

Thanks for your Quick reply!!!

I am holding just 1st approved AP, EAD and will expire on 29th July(do not have 7th year h1-B ext and H1-B expired), now I am planning to go for AC I-140 and trying to get CP interview some where in May.

Few concerns to go for I-824 & AC I-140 ( I am sorry if I am asking at the wrong place):

1) Till what time I can safely use my AP and EAD to enter into states(in case if my CP interview doesn't go through)?
2) How much time before I need to apply for AP and EAD renewal? and do I need to be here at the time of renewal process?
3) How long it will take to get renewed?

Thanks for your help!!!
Ram
 
Ramkgb:

If GC is not approved at the time of cp interview because of INCOMPLETE documentation then only one can return to usa to collect the required documents. But if it is unsuccessful for any other reasons then H-1B visa including the entire GC gets cancelled and one cannot return to usa.

Also technically one cannot have both 485 and CP going parallel at the same time unless the two processes are on two seperate case numbers.
 
RamKGB:

Here are the answers to your question from the private message.....

1. If I choose CP, what will happen to my AOS?
Answer: After you file i-824, at some point when your i-824 is touched by uscis, they will send your attorneys a letter to confirm the change from aos to cp. Once this letter is signed and returned to uscis, your aos will be considered terminated. Normally when one proceeds with ac i-140, one gets cp interview and gc from cp and after that one receives the letter from uscis just because of the backlog for i-824 approvals.

2. Shell I start AC-140?
Answer: That is not for me to answer!!! Sorry!

3. How much chances are they to get immigrant Visa at NWD consulate?
Answer: Since you are originally from chennai but have received non-immigrant visa (h-1b) from new delhi...I am not sure how the consulate would treat this. Hence my recommendations you have seen in the past..which are approach chennai, after receiving rejection then approach new delhi based on previously issued non-immigrant visa. This is a matter of convincing nwd consulate that they should do your cp interview and not chennai! Not an easy task frankly speaking but worth trying.

4. What will happen to me, If CP doesn't go thru?
Answer: If cp interview is unsuccessful (which is extremely rare)
one cannot come back to usa. At the same time if you are talking about neither accepting your AC I-140 case you can revert back to aos by sending another letter to uscis for cancelling your i-824.

4a.Is there any chance to continue my AOS after question 4. ?
Answer: REfer above!!

5. Is it Good to stay with AOS?
Answer: This is not for me to answer since it is an open ended question!

6. If I start file I-824 in 1or2 days, and if I put my efforts and dedicate to work on the rest of the process to get ready to send out required documentation when the time comes for AC I-140, Packet 3 …if I do make sure happen everything in that way then when can I expect NWD interview?
Answer: I-824 is a company document which has to be signed by your employer and attorney (if assisting in filing i-824.) You cannot file i-824. ASsuming I-824 is filed by your company by 1/15/04. Your attorneys will get the i-824 receipt around / before 2/15/04. Assuming they mail ac i-140 packet to chennai on 3/1/04 they will receive the rejection in about 4 weeks. And then if they mail same ac i-140 packet with/ without chennai rejection letter, then you should receive nwd acceptance / rejection in another 3-4 weeks. If accepted by nwd around 5/1/04, then you can expect
to receive cp interview at nwd in about 2.5-3 months from then.
If you plan to skip chennai and directly pursue nwd then you will get the same interview 2.5-3 months from 4/1/04 assuming it is accpted at nwd.

7. Is there any way I can get interview ASAP?
AnsweR: Frankly speaking no. If there was a way i would do that...In a way it is possible but you can request only once the case is accepted @ the consulate ...
 
kd1403,

I am in the same situation as RamKGB.

My 6th Year H1B expires on 7th March 2004. I have recievd EAD and AP last week. I-140 Approved last month.

Plan A)
If I file 824 and AC-140 then can I travel for CP interview(let same In May 2004) based on EAD and AP (as my H1B will expire in March 2004) ??

Pkan B)
Or should I file 7th Year H1B extention and then send pasaport for re-validation and and then do the 824 and AC-140 ????

If my GC is rejected at the time of interview then which situation A Or B will help me to come back.

I have seen in this forum people saying that H1B also get cancled if GC is rejected. Will Plan A help, as I would atleast have AP and EAD to re-enter US.

What would you chose Plan A OR B OR stay in US and Wait for 485 to get approved. ???
:D
 
gc121802:

Your case is similar to ramkgb but yet not the SAME since his h-1b is expiring in july 04 which means he has enough time even to get his cp interview via ac i-140 (if all goes smooth) but in your case you have under 2 months for h-1b to expire.

Hence i recommend what you call as plan B. Needless to say since you are in a time crunch, you will be better off consulting an attorney who will give you good advice.

BTW if GC is rejected after CP interview then no way can one come back since GC and H-1B's are cancelled. The only reason one can come back to usa is if cp remains INCOMPLETE due to INCOMPLETE documentation.
 
Thanks for the reply.

How about Plan A.
As the letter to confirm "if I want to switch to CP from AOS" takes somewhere around 1 year on filing I-824, so I can come back based on EAD/AP in May-June if my CP is rejected. right ???
 
gc121802:

CP once rejected, all usa visas are cancelled which means your pending 485/EAD/ AP or any other usa immigration process is revoked. In that event one just cannot return to usa unless if he/ she decides to apply for a non-immigrant visa which more than likely will get rejected.
 
So in either case Plan A or B, if CP is rejected then nothing will help, H1B / EAD/AP.
Then how is Plan B (getting 7th year H1B) helpfull then Plan A. ??

Just curious to know. Thanks for your time
 
gc122802:

All that i am trying to say is that plan B is better than plan A but there may be better options to explore. Hence I ended that posting stating consult a good immigration attorney.

You are in a unique situation where h-1b is expiring in under 2 months. I am guessing you were planning to use EAD after H-1B expiration and simultaneously file for AC I-140....what I am not sure is how this would impact (+vely/ -vely) your case. Hence the attorneys help is recommended to dig into details!

Note for all: Use this forum as a way to understand the immigration process and not as a way to replace immigration attorneys to save some money! Money spent on good attorneys will reap much better benefits than putting the same money in stock market these days. Think of it as a long term investment.
 
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