question on CP at Mumbai Consulate

K

karans123

Registered Users (C)
Hello CP experts,

I am thinking of pursuing CP at the Mumbai consulate. Below is my case.

1. I have a pending AOS application as dependent through my wife's employer. Receipt date is 09/20/2002.

2. I have an approved I-I40 for AOS thru my employer.

3. I am thinking of filing I-824 and AC-140 at the Mumbai consulate via my company. I read that the Mumbai consulate accepts AC 140 based on hardship.

I have some questions based on my case. Please advise.

1. Can I file AC 140 citing hardship even though I am not a primary AOS applicant ? Is there any risk of it not getting approved?

2. At what point will my AOS application get dropped?

3. Both myself and my wife have valid EADs right now. But my wife's H-1 is expired. Will her AOS application be dropped at some point before the consulate interview. I also have avalid H-1 for another 3 years.

4. If all goes well how long will it take to get the GC after filing AC140?

5. Are there any other risks?

Thanks in advance,
shri
 
2. I have an approved I-I40 for AOS thru my employer.
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1. Can I file AC 140 citing hardship even though I am not a primary AOS applicant ? Is there any risk of it not getting approved?
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How can the above two be true at the same time? Anyway, only the attorney or sponsor of the primary applicant can file for the ACI-140. Primary can also file (someone, please correct me, if I am wrong) provided attorney/company is supportive in that they don't object to filing I-824 and that they provide you notarized employment letter later on for interview.

I read that the Mumbai consulate accepts AC 140 based on hardship.
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Yes.

Will her AOS application be dropped at some point before the consulate interview.
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No - or very very unlikely judging from current speed of I-824.

4. If all goes well how long will it take to get the GC after filing AC140?
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Around (or less than) four months.

5. Are there any other risks?
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If you and your dependents maintained legal visa status all the time, if there are no criminal records and if any of the health conditions don't make you/dependents inadmissible, and if you will still have your job at the time of CP interview, then the risks are no more than those in AOS.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
Last edited by a moderator:
karans:

I am thinking of pursuing CP at the Mumbai consulate. Below is my case.

Answer: GREAT!
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1. I have a pending AOS application as dependent through my wife's employer. Receipt date is 09/20/2002.

2. I have an approved I-I40 for AOS thru my employer.

3. I am thinking of filing I-824 and AC-140 at the Mumbai consulate via my company. I read that the Mumbai consulate accepts AC 140 based on hardship.
Answer: SO my understanding is between you and your wife there are 2 green card processes one thru your employer and another thu her employer. IS THIS CORRECT? If this is true be careful so as to avoid confusion for USCIS since there are 2 processes. Your employer can file I-824 for your GC process (including your spouse who is derivative on your process) and you can proceed with AC I-140.
But if there is only 1 process where you are the derivative of your wife's gc process then derivative cannot get gc first / prior to primary thru AC I-140!! So answer first if there are 2 processes.!!

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I have some questions based on my case. Please advise.

1. Can I file AC 140 citing hardship even though I am not a primary AOS applicant ? Is there any risk of it not getting approved?
Answer: DErivative cannot get GC prior to primary so you cannot!

2. At what point will my AOS application get dropped?
Answer: After you send i-824 ...whenerv USCIS touches your i-824 application, uscis will send a lettre confirming the change to cp and only when that letter is signed and returned to uscis at that point AOS is considered terminated.

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3. Both myself and my wife have valid EADs right now. But my wife's H-1 is expired. Will her AOS application be dropped at some point before the consulate interview. I also have avalid H-1 for another 3 years.
Answer: There is a low chance read above answer.

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4. If all goes well how long will it take to get the GC after filing AC140?
Answer: About 4-5 months from the time you file I-824 and then send your AC I-10 packet along with I-824 receipt.

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5. Are there any other risks?
Answer:No risk if all applicants maintained status throughout stay no exceeding 180 days, no criminal record ain any country after the age of 16 and no contagious medical history.
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BUT BEFORE ALL THAT you need to answer how many GC processes are you talking about coz your story is conflicting at points......
 
Hello kd1403 and jigesh,

Thanks for your responses.

Sorry for the confusion. Here are details again about the part that appeared to be conflicting:

1. Thru my wife's company:
a. Have pending 485 for her (as primary) and myself (as secondary). Receipt date 9/20/02.

2. Thru my company:

a. Only have an approved I-140 and stopped the process at that point.

b. Have not started GC process yet through my company. So NO pending 485 through my employer.

c. Now want to start CP via my employer.

d. But did not specify CP option when filing I-140.

f. Am I eligible for the faster route to CP with help of AC 140 + I-824 through my company?

karans123
 
Thanks jigesh,

What will the AC I-140 say? Will it have to cite hardship due to long wait for 485? Is there some template available somewhere for the cover letter which I can forward to my company's immigration lawyers?

karans123
 
Thank you,

One more important question regarding my wife's status. I plan to add her on the CP as well after the AC140 is accepted. She has a valid EAD right now through her company. But her H-1 is expired. Her employer is not going to renew her H1.

So when we go for the interview, will her pending 485/EAD count as valid legal status? Or will they question as to why she is going for CP with a pending 485? Will any of this prevent me from adding her onto my CP application?

Thanks in advance,
karans123
 
So when we go for the interview, will her pending 485/EAD count as valid legal status?
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Yes.

Or will they question as to why she is going for CP with a pending 485? Will any of this prevent me from adding her onto my CP application?
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No.
 
Thanks,

One last question. I am from Maharashtra so I can go for CP in the Mumbai consulate. But my wife is from North India (she does not have any visa issued by the mumbai consulate). Will she still be eligible to go to Mumbai consulate for CP as my spouse ?

karans123
 
I am from Maharashtra so I can go for CP in the Mumbai consulate. But my wife is from North India (she does not have any visa issued by the mumbai consulate). Will she still be eligible to go to Mumbai consulate for CP as my spouse ?
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Dependents go where the primary applicant goes for CP.
 
karans:

I concur with all of jigesh's responses except one thing if your I-140 has been approved for MORE THAN 365 days then USCIS by default IN ABSENCE of selection of 485/ CP in I-140 application, defaults to 485 on the 366/ 367th day.
 
Hello kd1403

I did specify the AOS option on my I-140. But have not filed 485 thru my company yet. I think I am close to completing a year since my I-140 was approved. Is there a potential problem here?

karans
 
karans:

The fact that you mentioned 485 in your I-140 application and that your I-140 is approved and less than 1 year old since approval, you should be able to file for I-824 to change the route to CP via AC I-140 process and you will be eligible for AC I-140 since mumbai consulate is accepting this process.

Read information on AC I-140
http://imminfo.com/Knowledgebase/FAQs/ACI140.html

http://www.immihelp.com/gc/consular/

But definitely consult an attorney since you have two processes going on simultaneously one with AOS and other with CP (which u will be starting now)!
 
Hello kd1403,

Thanks for the info. Does it matter if my I-140 was approved more than a year ago, given that I had specified the 485 option on it? Your last comment seemed to suggest it would.

karans
 
karans:

Normally if CP is specified in I-140 application and no action if taken for 1 year after I-140 approval or if that option is left blank then NORMALLY USCIS is known to have defaulted to 485 for such candidates.

So consult you lawyer to find out exactly what has happened in yoru case.
 
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