Likely CP Candidates for October 2003 @Mumbai Consulate - To Do List

For KD

Congrats!

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Although it takes some time to get SSN card...i was recommended that if I carry photocopies of our passport along with 551 stamp then we could get the new SSN card within 2-3 weeks else it takes about 2 months. Also i was told that GC plastic card takes upto 6 months but is averaging 4-6 weeks currently.


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Wanted to clarify, what you wrote. Can you please elaborate on the SSN statement you made? I am not sure if I understood you correctly. Carry photo copies of passport where?

Also, do you know if we can have the SSN mailed to a different address, just like we can have the actual card?

Thanks and regards.
O
 
Congratulation kd
After getting about 3 Welcome letter you should recieve your plastic card in about 2 weeks. The SSN will also be mailed to you. I got mine the same week i arrived in the US. The welcome letter has an SRC number which you can use to check the status of your plastic card.
thanks
 
ora:

What i meant was that the immig officer at the airport said that i should carry photocopies of passport along with the page which has 551 stamp valid for 1 year to the local SSN office to get the new SSN card without work restriction.
 
Originally posted by kd1403
ora:

What i meant was that the immig officer at the airport said that i should carry photocopies of passport along with the page which has 551 stamp valid for 1 year to the local SSN office to get the new SSN card without work restriction.
Click to expand...

Got it Thanks!!!
 
Hi Kdivekar,
Nice to hear from you. You are making me jealous by mentioning Kaju-katli, namkeen etc. We did not bring anything, as all of us have been on a strict diet for ages now!!!!
As I have mentioned we received around 18 welcome letters combined for self, wife and daughter. The plastic cards took 3 weeks, so hopefully you should be getting them soon. Still waiting for the SS cards, I will wait for a couple of weeks, otherwise go to the local SS office, as you suggested.
Thanks for all your help.
 
kd1403 / raju595 or anyone....question about 8th year H1 extension

I have a question about 8th year H1 extension.

Based on pending LC, I got 7th year H1-B extenstion. Now,I have an approved LC and just applied 140. Planning to go for consular processing.
If my 140 doesn't get approved, can I apply for 8th year H1-B extension?

I appreciate your respose,
Thanks,
Desi145
 
desi145:

Yes as long as you have a pending I-140 you should be safe for 8th year extension.

Refer this site for details: http://www.murthy.com/UDbrin7y.html

Also what category do you fall under (eb1/ 2/ 3) and what consulate? This will ultimately determine approx when your I-140 should get approved and after that approx when you can expect a CP interview at your consulate.

If you fall under EB2 then I-140 is avergaing 6 months for approval and with EB3 it is averaging 9 months. Plus add another 6-9 months to get your Cp interview from date of approval of I-140.
 
KD1403

Hi Divekar,
I was also under the same impression.
I am EB2 category CSC center and my case falls into mumbai consulate.
My 7th year expires in 4 months, and attorney just told me yesterday that I have to file 485 right now, as I can't get 8th yr extension. The attorney says labor has to be pending to request extension.
I don't want to do 485..but looks like I have no choice.
Do you know anyone who did 8th yr extension?
What happens If I get 140 approved before 7th year finishes?
140 has to be pending for 8th year extension application?

Thanks,
 
desi145:

There are two options:
* Consult a good attorney such as rajiv khanna to identify the next best steps.

OR

* Do as your attorney says...file 485 and h-1b extension....and then once your 1-140 gets approved file i-824 to change from 485 to CP and once you get i-824 receipt since you are from bbay consulate you have the privilege of following the AC I-140 process (lay man's terms - faster CP process).

Details of AC I-140 process are as under:
http://imminfo.com/Knowledgebase/FAQs/ACI140.html
 
Thanks KD1403.
My attorney is also suggesting the same thing. but this is kind of expensive way of getting things done. also have to do medical twice, if decide to goto BBay
 
desi145:

Well this will not be very expensive...
1. If you wish you can withhold your 485 medicals...thus save on 1 medicals!
2. Your expenses will be your travel to your home country plus CP process expense if your employer is not paying.

At high level...look at this expense as as investment ... benefits of which not only you but your family will reap life long!
 
Hi KD1403,
I didn't know that I can withold the medicals for 485. If so, that would at least save something . But do you think BCIS would feel cheated, If immediately after getting EAD and 140 approval, I file for 824 and go through CP route?

Thanks,
 
desi145:

Well everything that is being recommended is legal and as per usa immigration law. There is nothing to be cheated about...it is as simple as saying ...you wanted to do 485 then you changed your mind and decided to do CP.
 
Thanks for all your help Divekar,

Also I sent separate emails to some attorneys last night and I am getting different answers on getting 8th year H1 extension based on 140 pending or 140 approved. overall, the conclusion is 8th year extension is risky business!

So, to be safe, I will be filing 485 for sure. an I will see how the situation is after getting 140 approval.
 
desi145:

All the best ... do keep us posted on the development on your front! Reading your attorney's plans i feel comfortable saying that you are on the right track!
 
kd1403

Hi KD1403,
Here is the latest reply from my attorney on transfering to CP after 140 is approved.

----
Once the I-140 is approved we can try consular processing. I cannot
assure you that it will happen because once the INS sends your
I-485 file to india, your work permit will be invalidated.
----

Is this true?

Thanks,
desi145
 
desi145:

What will happen in your case is that you will file 485 now, then once your I-140 is approved you can file I-824 to change the process to CP (AC I-140). After you have filed I-824 ... you will receive a letter from INS asking if you surely want to change the process to CP. Only when you respond to that letter and when INS receives it will your EAD get invalidated (mind you not your H-1B...work permit in the posting if it refers to H-1B then is incorrect). What gets invalidated is EAD and not H-1B.

Remember you cannot have CP and AOS going parallel at the same time.
 
Actually I am applying for 485 just because I can't get 8th year H1 extension. So, as soon as I receive EAD, I will be using it. so filing 824 may be risky, as I lose the EAD. But I have another question.
I824 approval takes a long time, so do BCIS ask about surely want to change to CP immediately after you file, or after few months?
If they ask after few months, then I am okay, as I file AC140 based CP and get the interview withing that time-frame.
 
lawyer is wrong in my analysis

your 485 AP EAD do NOT get automatically cancelled on 824 filing. everything stays valid unless you withdraw it yourself, and receive an official notice from BCIS.

even if the consulate refuses to process your ac140, you can always just cancel your 824 request when the BCIS contacts.

the 824 is filed by the employer, but affects your 485 file. so the BCIS doesn't automatically cancel it. they're supposed to send you a letter asking if you want to proceed with 485-CP change or if you want to maintain 485 and ignore the company's 824 application. only once you validate the company's instructions in 824 does the BCIS process the 485 cancellation and change to CP.

this does not happen until the 824 is ready to be processed (ie well after when the consulate will likely tell you YES or NO for ac140).

my 485, EAD and AP are still shown as active by BCIS, because they haven't yet acted on our withdrawal request after we became PRs in Nov!!!
 
Thanks rohufish,
Just to make myself understand this clear,

I can use EAD at this point until I get 140 approved, then I can file for 824 and immediately try for AC140. Is this correct?

I looked at 824 timing and they are working on Oct'2002 case, so I should be able to finish whole CP process before they even touch my 824.
 
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