please help with advice on AC 140 and lawyer.

R

reshmaya

Registered Users (C)
please help with advice on Mumbai AC 140 and US lawyer that can advise.

Hi friends,

I have looked in this forum for some of my questions and am a little confused.Could you please help me

- I have an approved i-140(Filed Jul 2002, Approved May 2004) ,an EAD, Advanced Parole, of 485 that was filed in Dec 2003.I had chosen Adjustment of Status.
- However, bcos I had asked for a possibility of Consular processing last year, the paralegal went ahead with submitting the I-824 to change to consular processing in Dec 2003.
- I am now changing job within the same company and moving from CA to NY,All along my Visa Center has been VSC though.

My company lawyers state that they want to go with the normal process of 824 approval and then switch to Consular if i agree then.
I hear that even after I-824 is filed, unless a letter comes from USCIS asking for signature to confirm the change, my 485 is still valid.
Please confirm this.

The questions I have -
1. For the confirmation I have asked above.
2. The lawyer is prepared to provide me with the Attorney Certied I-140 .
Howver she will not assist in preparing the package as no one has ever taken this route in my company.Will there be a problem if I prepare tha package and sent to Mumbai Consulate.My parent state is Orissa and it is under the jurisdiction of Mumbai.
3. What should I do for "hardship" reason?Is it a verbal thing or do I have to get a letter/official memo from company?
4. If I hire a lawyer on my own and he persues this matter, my company lawyer will provide all information that is required.Will this complicate matters?
5. Does anyone know of a lawyer in the Bay Area, CA region who has worked on successful AC 140 cases.I see so many lawyers who say that they do AC 140 but I am anxious to know about one who has handled a case of a successful completed one.
6. If I send the paperwork to Mumbai consulate, how should I post it?Is there a format/postal preference for sending the documents?
7. Assuming they look at the packet and agree , then what happens?How does NVC come into the picture?How do I keep track of when i could be expected to go to India?
I am aware of the NVC website but the query is what is the connection between the Mumbai consulate accepting my case and then the NVC system?
8. My husband and I both reside in Bay Area, CA, so would it be Ok to go get a PCC from the San Francisco Indian Consulate?
9. How much time does it require for doing /getting the Doctors paperwork done in Mumbai Hospitals?I ask this because I want to make sure if we get the report the same day or does it take a week for tests and then report?

I just realised that there are so many questions.I am very grateful to all the help I get in this forum.

regards,
R.
 
Last edited by a moderator:
reshmaya said:
Hi friends,

My company lawyers state that they want to go with the normal process of 824 approval and then switch to Consular if i agree then.
I hear that even after I-824 is filed, unless a letter comes from USCIS asking for signature to confirm the change, my 485 is still valid.
Please confirm this.

{ Yes, it is valid but how does that matter's }

The questions I have -
1. For the confirmation I have asked above.
2. The lawyer is prepared to provide me with the Attorney Certied I-140 .
Howver she will not assist in preparing the package as no one has ever taken this route in my company.Will there be a problem if I prepare tha package and sent to Mumbai Consulate.My parent state is Orissa and it is under the jurisdiction of Mumbai.

{Get confirmed what your lawyer is giving you in AC-140, rest you can do}

3. What should I do for "hardship" reason?Is it a verbal thing or do I have to get a letter/official memo from company?

{It needs to be a letter on the letter head from your attorney }

4. If I hire a lawyer on my own and he persues this matter, my company lawyer will provide all information that is required.Will this complicate matters?

{ Once the AC-140 package is ready after that lawyer has no role in the rest of the process so do not hurry to make decisions}

5. Does anyone know of a lawyer in the Bay Area, CA region who has worked on successful AC 140 cases.I see so many lawyers who say that they do AC 140 but I am anxious to know about one who has handled a case of a successful completed one.
6. If I send the paperwork to Mumbai consulate, how should I post it?Is there a format/postal preference for sending the documents?

{Fedex is the best option }

7. Assuming they look at the packet and agree , then what happens?How does NVC come into the picture?How do I keep track of when i could be expected to go to India?

{For AC-140 case NVC will not come into the picture. Once your case is created you or your lawyer will get an email confirmation of your case number, you can be proactive to get it also by calling them, rest just follow up or look at their website }

I am aware of the NVC website but the query is what is the connection between the Mumbai consulate accepting my case and then the NVC system?

{Nothing for AC-140 case }

8. My husband and I both reside in Bay Area, CA, so would it be Ok to go get a PCC from the San Francisco Indian Consulate?

{ If you are staying for more than 6 months, yes you can get PCC you can even go in person or mail them}

9. How much time does it require for doing /getting the Doctors paperwork done in Mumbai Hospitals?I ask this because I want to make sure if we get the report the same day or does it take a week for tests and then report?

{You are too far to think about it, but still you can get the report on the same day if no complications found in you and your spouse }

I just realised that there are so many questions.I am very grateful to all the help I get in this forum.

regards,
R.
Click to expand...


Thanks
 
Re

Thanks vm.If you/anyone could take the time to answer my comments below (in bold)

3. What should I do for "hardship" reason?Is it a verbal thing or do I have to get a letter/official memo from company?

{It needs to be a letter on the letter head from your attorney }

Does this letter need to be by my company lawyer or the new lawyer that I hire?If the company lawyer needs to provide this to my new lawyer, then what should I do if my company lawyer refuses to provide such a letter?
Also Is there a format or letter that you could share?

4. If I hire a lawyer on my own and he persues this matter, my company lawyer will provide all information that is required.Will this complicate matters?

{ Once the AC-140 package is ready after that lawyer has no role in the rest of the process so do not hurry to make decisions}
I dont understand what you have meant bu hurry.Do you mean, I should make sure that the AC-140 is accurately containing all the documents it needs..I am not so confidant and therefore am thinking about hiring this new lawyer as the company lawyer refuses to go with this process.
Do you know of any lawyers name in the bayarea CA region or even upstate NY region?

7. Assuming they look at the packet and agree , then what happens?How does NVC come into the picture?How do I keep track of when i could be expected to go to India?

{For AC-140 case NVC will not come into the picture. Once your case is created you or your lawyer will get an email confirmation of your case number, you can be proactive to get it also by calling them, rest just follow up or look at their website }

Do we follow up case number in some particular website of theirs or is it better to call.If call, then is the frequency good in getting through to them?

Once again , thank you very much.
Regards,
R.
 
reshmaya said:
Thanks vm.If you/anyone could take the time to answer my comments below (in bold)

3. What should I do for "hardship" reason?Is it a verbal thing or do I have to get a letter/official memo from company?

{It needs to be a letter on the letter head from your attorney }

Does this letter need to be by my company lawyer or the new lawyer that I hire?If the company lawyer needs to provide this to my new lawyer, then what should I do if my company lawyer refuses to provide such a letter?
Also Is there a format or letter that you could share?

{ I believe your company lawyer is not doing anything for free, so don't hurry to hire a new lawyer, wait till you get the AC-140 packet from your lawyer or you can insist her to give a letter stating that you have been in this green card process since july 2002 and the process of AOS is .....(I am not sure about the whole format but doing research in this forum you may get a hit) just to get a hardship letter you don't need to hire a new lawyer }

4. If I hire a lawyer on my own and he persues this matter, my company lawyer will provide all information that is required.Will this complicate matters?

{ Once the AC-140 package is ready after that lawyer has no role in the rest of the process so do not hurry to make decisions}

I dont understand what you have meant bu hurry.Do you mean, I should make sure that the AC-140 is accurately containing all the documents it needs..I am not so confidant and therefore am thinking about hiring this new lawyer as the company lawyer refuses to go with this process.

{You can do it, its not a big deal, wait till you get AC-140 packet from your lawyer }

Do you know of any lawyers name in the bayarea CA region or even upstate NY region?

{ No}

7. Assuming they look at the packet and agree , then what happens?How does NVC come into the picture?How do I keep track of when i could be expected to go to India?

{For AC-140 case NVC will not come into the picture. Once your case is created you or your lawyer will get an email confirmation of your case number, you can be proactive to get it also by calling them, rest just follow up or look at their website }

Do we follow up case number in some particular website of theirs or is it better to call.If call, then is the frequency good in getting through to them?

{Once your paper reaches the consulate after two weeks you can call them and find your case number if it is created and they can tell the probable month for your interview and then you can call them again between 5 to 15th of the previous month of the interview to know the exact date for interview. Look at the thread "useful stuff while waiting for interview" it can guide you to the website.
Frequency of getting through them --- just dial till you get}


Once again , thank you very much.
Regards,
R.
Click to expand...
 
Thank You vm.

I will wait for the AC 140 paperwork and see what the paperwork contains.

The lawyer has said that if she serviced me separately, then that would be a conflict of interest with my parent company as she is the company lawyer and my company wants to go the traditional route of Consular processing or Adjustment of Status.

Thank you very much for your help.I greatly appreciate it.

Regards much,
R.
 
Reshmaya,

We just did our AC140 processing from Mumbai. Even our lawyer didn't know anything. We just relied on him to write the covering letter and sign all documents to make it attorney certified. I collected all documents, filled all forms(DS230 part 1 and DS2001) and sent eveything to the lawyer. You can even get a sample letter at immihelp.
You can get all information here -
http://www.immihelp.com/gc/consular/ac140.html

Goodluck
Ash
 
You must log in or register to reply here.
Top