successful CP MUMBAI AC140
- Thread starter prasadk
- Start date
AGW,KYCP,
Thanks for the reply. I can go to mumbai consulate as my visa was stamped at mumbai us consulate. Also want to check with you guys or anybody what are the things required for ac140 to be submitted to the us embassay thru the lawyer. Any suggestions welcome. Also do I need to pay all the fees at the same time or at mumbai.
spb999
Thanks for the reply. I can go to mumbai consulate as my visa was stamped at mumbai us consulate. Also want to check with you guys or anybody what are the things required for ac140 to be submitted to the us embassay thru the lawyer. Any suggestions welcome. Also do I need to pay all the fees at the same time or at mumbai.
spb999
List for AC-140
Following should suffice:
__Attorney-Certified I-140 and any addendums (complete copy of I140 application)
__Cover letter and attorney email address
__Birth Certificate (and certified translation)
__Passport (ALL PAGES, all Passports including old passports)
__Original I-797 Approval Notice(s)
__DS2001 (with appropriate boxes checked and documents enclosed)
__DS-230 part 1
__Proof of residency or eligibility for consulate
__Evidence of appropriate family relationship. Note: a complete set of the appropriate family evidence must be included with the application of each family member:
.______marriage certificates,
.______divorce decrees and death certificates, if applicable
.______birth certificates
__Two (now 3) identical photographs with light background
__Receipt for filing Form I-824
__Police certificates (local consulate &/or from each locality of the country of origin or current residence where applicant has resided for at least six months since age of 16; from all other countries where applicant has resided for at least one year; from all places where applicant has been arrested for any reason whatsoever)
.______Prison records (if applicable)
.______Military records (if applicable)
Following should suffice:
__Attorney-Certified I-140 and any addendums (complete copy of I140 application)
__Cover letter and attorney email address
__Birth Certificate (and certified translation)
__Passport (ALL PAGES, all Passports including old passports)
__Original I-797 Approval Notice(s)
__DS2001 (with appropriate boxes checked and documents enclosed)
__DS-230 part 1
__Proof of residency or eligibility for consulate
__Evidence of appropriate family relationship. Note: a complete set of the appropriate family evidence must be included with the application of each family member:
.______marriage certificates,
.______divorce decrees and death certificates, if applicable
.______birth certificates
__Two (now 3) identical photographs with light background
__Receipt for filing Form I-824
__Police certificates (local consulate &/or from each locality of the country of origin or current residence where applicant has resided for at least six months since age of 16; from all other countries where applicant has resided for at least one year; from all places where applicant has been arrested for any reason whatsoever)
.______Prison records (if applicable)
.______Military records (if applicable)
Last edited by a moderator:
KYCP,
Thanks for your very prompt reply. I have some doubt I need to clarify from you or anybody. when you say complete copy of I140 does that mean approved or the one which we are sending for 1st time to us consulate thru the lawyer for ac140. I didn't have approved I 140 with my current employer, but I had one from the previous employer which is of no use, so I want to do ac140 because of less time left on my h1 & also no pay raise or promotion since couple of years. what is the chances that my case will get approved/accepted by mumbai consulate?
the cover letter you are saying is it from the employer or lawyer to support the case. Do you have any idea what the content need to be in the cover letter.
What is this form I864 for? Please descibe briefly.
Did you got your's also ac140 accepted?
Also do I need to send the fees at the same time?
Any suggestions welcome. Thanks kycp for your help. I f you have any email please provide me so that if I have any doubt I can email you.
spb999
Thanks for your very prompt reply. I have some doubt I need to clarify from you or anybody. when you say complete copy of I140 does that mean approved or the one which we are sending for 1st time to us consulate thru the lawyer for ac140. I didn't have approved I 140 with my current employer, but I had one from the previous employer which is of no use, so I want to do ac140 because of less time left on my h1 & also no pay raise or promotion since couple of years. what is the chances that my case will get approved/accepted by mumbai consulate?
the cover letter you are saying is it from the employer or lawyer to support the case. Do you have any idea what the content need to be in the cover letter.
What is this form I864 for? Please descibe briefly.
Did you got your's also ac140 accepted?
Also do I need to send the fees at the same time?
Any suggestions welcome. Thanks kycp for your help. I f you have any email please provide me so that if I have any doubt I can email you.
spb999
spb999,
sorry, that was a typo,
it is not I-864, it is I-824 for changing the process from I-485 to CP. Mumbai consutale requires I-824 receipt notice for AC-140 cases. If you had indicated CP in your I-140 petition, I do not know if you can do AC-140 (experienced CPers/AC-140ers may be able to help),
According to Mumbai Consulate website:
they require only the approval notice (I-797) for I-140 Petition (so you do not need to send the entire I-140 package)
Here is what mumbai consulate says:
http://usembassy.state.gov/posts/in3/wwwhimmi.html#empcases
1. the original I-797 Notice of Approval Form
2. complete forms OF-169 and OF-230, part 1
3. an e-mail address where we can contact the attorney with confirmation that we have accepted the case
the previous list is what I had sent (thru my attorney) (it is the pk3 for me),
No, you do not send the fees with the AC-140 pkg, the fees are to be paid at the time of interview (US$335 eqvi. in Indian Rs.)
hope this helps,
KYCP
sorry, that was a typo,
it is not I-864, it is I-824 for changing the process from I-485 to CP. Mumbai consutale requires I-824 receipt notice for AC-140 cases. If you had indicated CP in your I-140 petition, I do not know if you can do AC-140 (experienced CPers/AC-140ers may be able to help),
According to Mumbai Consulate website:
they require only the approval notice (I-797) for I-140 Petition (so you do not need to send the entire I-140 package)
Here is what mumbai consulate says:
http://usembassy.state.gov/posts/in3/wwwhimmi.html#empcases
1. the original I-797 Notice of Approval Form
2. complete forms OF-169 and OF-230, part 1
3. an e-mail address where we can contact the attorney with confirmation that we have accepted the case
the previous list is what I had sent (thru my attorney) (it is the pk3 for me),
No, you do not send the fees with the AC-140 pkg, the fees are to be paid at the time of interview (US$335 eqvi. in Indian Rs.)
hope this helps,
KYCP
Thanks KYCP and agw. My lawyer has agreed to file AC140. Keeping fingers crossed now.
Applied for PCC from Indian consulate in NY - anyone any idea on how long it takes to get PCC?
Also, was does attorney certified really mean? Does the attorney need to "notarize" each and every document?
Thanks!
Applied for PCC from Indian consulate in NY - anyone any idea on how long it takes to get PCC?
Also, was does attorney certified really mean? Does the attorney need to "notarize" each and every document?
Thanks!
Goodluck
i140limbo,
Congrats, you have passed the first hurdle, convincing the lawyer!
There are quite a few postings about PCC from NY Embassy in this forum. It looks like some have sent their passport copy initially to start the PCC process and subsequently sending the original to obtain PCC. It takes about 40 - 45 days it looks like. It costs $20. Be sure to check validity of the passport (if needed apply for new passport at this time as well).
The "attorney certified" referes to a letter from the attorney certifying the copy of the I-140 package as the true copy of what was sent to the INS for approval. Usually INS sends two copies of the approval notice, one to the petitioner and another to the attorney (courtesy copy) both can be used as the original I-797 approval notice (for I-140). One of these copies is to be included in the packet to be sent to the consulate.
My packet was sent as pk3 (list can be obtained from immihelp.com), I-824 receipt notice along with attorney certified I-140 package, original I-797 approval notice for I-140 and a letter describing hardship (both I-485 as well as conventional CP, waiting for I-824-NVC-Consulate...). No fee is to be included wih this package. To be on the saferside you could include a local address in india where this package can be returned to, in case consulate does not accept the case (very likely they will accept the case)
goodluck
KYCP
i140limbo,
Congrats, you have passed the first hurdle, convincing the lawyer!
There are quite a few postings about PCC from NY Embassy in this forum. It looks like some have sent their passport copy initially to start the PCC process and subsequently sending the original to obtain PCC. It takes about 40 - 45 days it looks like. It costs $20. Be sure to check validity of the passport (if needed apply for new passport at this time as well).
The "attorney certified" referes to a letter from the attorney certifying the copy of the I-140 package as the true copy of what was sent to the INS for approval. Usually INS sends two copies of the approval notice, one to the petitioner and another to the attorney (courtesy copy) both can be used as the original I-797 approval notice (for I-140). One of these copies is to be included in the packet to be sent to the consulate.
My packet was sent as pk3 (list can be obtained from immihelp.com), I-824 receipt notice along with attorney certified I-140 package, original I-797 approval notice for I-140 and a letter describing hardship (both I-485 as well as conventional CP, waiting for I-824-NVC-Consulate...). No fee is to be included wih this package. To be on the saferside you could include a local address in india where this package can be returned to, in case consulate does not accept the case (very likely they will accept the case)
goodluck
KYCP
Is it when your 824 gets approved that you to make that decision or is it when your 485 comes to adjudication? What if your 485 comes to adjudication before 824, for instance you are applying 824 after pending 485 for clsoe 7-8 months? I am assuming they are not in the same sections in the BCIS? May be by then both the applications are in the same file, I do not know. If someone has knowldge please clarify.
Here is what Mumbai website says:
"How do I request consular processing of a pending employment-based case?
On a case-by-case basis, the U.S. Consulate General in Mumbai is accepting employment-based immigrant visa cases for processing when all the following conditions are met:
INS has already approved an E1 or E2 category immigrant visa petition and the applicant has an original I-797 form,
the applicant is a resident of the Mumbai or Calcutta consular districts,
the priority date of the case is current or could reasonably be expected to be current within 60 days (we will not warehouse non-current cases),
waiting for the INS to process the change-of-status application would cause the applicant hardship,
the applicant has copies of all pages that made up the original immigrant visa petition,
there does not appear to be any indication that the case is fraudulent,
I-824 Fee Receipt required.
If you believe that your case meets these conditions, forward copies of your I-140 paperwork to the Immigrant Visa Unit, U.S. Consulate General, 78 Bhulabhai Desai Rd., Mumbai 400026 India with:
the original I-797 Notice of Approval Form
complete forms OF-169 and OF-230, part 1
an e-mail address where we can contact the attorney with confirmation that we have accepted the case"
Also here are my two other questions:
1. On the recent most publication at Mumbai website, they no longer say that one is eligible to apply for Immigrant Visa under AC140 if you have had prior visa stamps from the consulate. Instead, they say that one has to be a resident from the eligible consular districts for that consulate. I am not sure if this is a change in the policy or if this is what they have been saying from the beginning although they accept applications based on just prior stamping.
2. Is it possible to send in all the required documents except 824 receipt and get a prilimnary determination whether or not they accept the case?
Here is what Mumbai website says:
"How do I request consular processing of a pending employment-based case?
On a case-by-case basis, the U.S. Consulate General in Mumbai is accepting employment-based immigrant visa cases for processing when all the following conditions are met:
INS has already approved an E1 or E2 category immigrant visa petition and the applicant has an original I-797 form,
the applicant is a resident of the Mumbai or Calcutta consular districts,
the priority date of the case is current or could reasonably be expected to be current within 60 days (we will not warehouse non-current cases),
waiting for the INS to process the change-of-status application would cause the applicant hardship,
the applicant has copies of all pages that made up the original immigrant visa petition,
there does not appear to be any indication that the case is fraudulent,
I-824 Fee Receipt required.
If you believe that your case meets these conditions, forward copies of your I-140 paperwork to the Immigrant Visa Unit, U.S. Consulate General, 78 Bhulabhai Desai Rd., Mumbai 400026 India with:
the original I-797 Notice of Approval Form
complete forms OF-169 and OF-230, part 1
an e-mail address where we can contact the attorney with confirmation that we have accepted the case"
Also here are my two other questions:
1. On the recent most publication at Mumbai website, they no longer say that one is eligible to apply for Immigrant Visa under AC140 if you have had prior visa stamps from the consulate. Instead, they say that one has to be a resident from the eligible consular districts for that consulate. I am not sure if this is a change in the policy or if this is what they have been saying from the beginning although they accept applications based on just prior stamping.
2. Is it possible to send in all the required documents except 824 receipt and get a prilimnary determination whether or not they accept the case?
Last edited by a moderator:
KYCP, AGW,
guys would you mind contacting me at DEV28@YAHOO.COM
What documents are you guys taking?
?
guys would you mind contacting me at DEV28@YAHOO.COM
What documents are you guys taking?
?
Last edited by a moderator:
i-824 - how to file?
hello,
i have a pending 485, and i just received the approval for my 140. both are in CSC.
i would like to file for an AC-140 procedure at Mumbai instead, and i understand that the first step is to file an I-824 in CSC.
since the 140 was an application filed by my company, do they need to file the 824, with me listed as the beneficiary? the form's instructions are very confusing. or can i simply file the form myself, without my company's involvement?
part 1 states "information about the person that filed the original application or petition". that clearly is my company. but then they would need to file and sign this form, not me.
in part 3, they ask for "if the petition was filed for another person, give the following information about them", and it asks for name/dob/A#. it looks like my company would fill in my information here since i am the beneficiary of their 140 petition.
however, everyone seems to keep saying "file your 824". that confuses me, because the 824 is being filed to change something about a petition filed by my company (the 140 for which i was the beneficiary, but NOT the applicant), so intuitively, it seems to me that my company should be filing the 824.
could 2-3 people who have successfully filed the 824 and have successfully completed their AC-140 please clarify this matter once and for all for the benefit of the whole forum.
thanks!
hello,
i have a pending 485, and i just received the approval for my 140. both are in CSC.
i would like to file for an AC-140 procedure at Mumbai instead, and i understand that the first step is to file an I-824 in CSC.
since the 140 was an application filed by my company, do they need to file the 824, with me listed as the beneficiary? the form's instructions are very confusing. or can i simply file the form myself, without my company's involvement?
part 1 states "information about the person that filed the original application or petition". that clearly is my company. but then they would need to file and sign this form, not me.
in part 3, they ask for "if the petition was filed for another person, give the following information about them", and it asks for name/dob/A#. it looks like my company would fill in my information here since i am the beneficiary of their 140 petition.
however, everyone seems to keep saying "file your 824". that confuses me, because the 824 is being filed to change something about a petition filed by my company (the 140 for which i was the beneficiary, but NOT the applicant), so intuitively, it seems to me that my company should be filing the 824.
could 2-3 people who have successfully filed the 824 and have successfully completed their AC-140 please clarify this matter once and for all for the benefit of the whole forum.
thanks!
My I-140 is approved as on 4/1/03. While filing I-140, I had intimated that I was interested in doing consular processing from Mumbai.
From now on how do I find out when I should expect PAcket3, when NVC will receive it, when NVC will forward to Mumbai consulate, when Mumbai consulate will forward Packet 4 and schedule a consular interview???? At what point do I get some kind of a reference/ case number for the interview coz I understand that the I-140 case number is no longer used for reference purposes?
Is there a web site where i can find these dates and next steps after I-140 approval?
Any information is well appreciated.
Thanks,
Krish
From now on how do I find out when I should expect PAcket3, when NVC will receive it, when NVC will forward to Mumbai consulate, when Mumbai consulate will forward Packet 4 and schedule a consular interview???? At what point do I get some kind of a reference/ case number for the interview coz I understand that the I-140 case number is no longer used for reference purposes?
Is there a web site where i can find these dates and next steps after I-140 approval?
Any information is well appreciated.
Thanks,
Krish
kdivekar/AC-140 gurus
hi,
my 140 got approved recently. i'm curious if you found an answer to the previous question of yours. i'm in the same boat (opted CP at time of 140 filing), and am very keen to go for the AC-140 now if i can.
i'd really appreciate if you can help by sharing any info on the AC-140 process.
(1) what are the detailed steps
(2) what can i do proactively to save time
(3) can i start processing (thru my lawyer) as soon as receive 140-approval notice from INS. Or do we need to wait for something else (any NVC connection)?
(4) is i-824 necessary if opted for CP at time of 140 application
(5) if i can start processing as soon as getting 140-approval notice from INS, can i just print off the DS-230 etc. forms of the internet and send to the bombay consulate?
as you can see, i'm pretty much clueless!
thanks a lot for your help with this.
hi,
my 140 got approved recently. i'm curious if you found an answer to the previous question of yours. i'm in the same boat (opted CP at time of 140 filing), and am very keen to go for the AC-140 now if i can.
i'd really appreciate if you can help by sharing any info on the AC-140 process.
(1) what are the detailed steps
(2) what can i do proactively to save time
(3) can i start processing (thru my lawyer) as soon as receive 140-approval notice from INS. Or do we need to wait for something else (any NVC connection)?
(4) is i-824 necessary if opted for CP at time of 140 application
(5) if i can start processing as soon as getting 140-approval notice from INS, can i just print off the DS-230 etc. forms of the internet and send to the bombay consulate?
as you can see, i'm pretty much clueless!
thanks a lot for your help with this.zzzz_1976:
Reply below
No I did not get any reply to AC I-140 question. Also I did not try since i realized if I used Ac I-140, I would get interview in July and it would be difficult for me to leave work.
(1) what are the detailed steps
Answer: Not sure but details are at this link: http://imminfo.com/Knowledgebase/FAQs/ACI140.html
(2) what can i do proactively to save time
Answer: Apply for PCC since it takes about 50 days (45 days process plus 1 week of in-transit / mail time). Find out PCC validity based on your nationality and consulate you plan to go to. In some instances it is valid for 6 months and in other cases for 12 months.
(3) can i start processing (thru my lawyer) as soon as receive 140-approval notice from INS. Or do we need to wait for something else (any NVC connection)?
Answer: At most you can get PAcket 3 papers filled up but you cannot send to NVC until they have received payment of $335 per person on your gc paperwork.
(4) is i-824 necessary if opted for CP at time of 140 application
Answer: My impression is yes but do some more research on this.
(5) if i can start processing as soon as getting 140-approval notice from INS, can i just print off the DS-230 etc. forms of the internet and send to the bombay consulate?
Answer: I think yes coz this is what my lawyer has done. I have filled papers related to packet 3 even though nvc has not sent me packet 3. so answer is yes. But dont send to bbay consulate. Do not try to bypass nvc. refer attached document that i have maintained which will help yo understand sub steps after I-140 approval and until cp interview....obviously this is what i created based on information from various parts of the forum.
Last but not the least, update your status on cptracker.com as this will help you better understand what next!
thanks,
krish
Reply below
No I did not get any reply to AC I-140 question. Also I did not try since i realized if I used Ac I-140, I would get interview in July and it would be difficult for me to leave work.
(1) what are the detailed steps
Answer: Not sure but details are at this link: http://imminfo.com/Knowledgebase/FAQs/ACI140.html
(2) what can i do proactively to save time
Answer: Apply for PCC since it takes about 50 days (45 days process plus 1 week of in-transit / mail time). Find out PCC validity based on your nationality and consulate you plan to go to. In some instances it is valid for 6 months and in other cases for 12 months.
(3) can i start processing (thru my lawyer) as soon as receive 140-approval notice from INS. Or do we need to wait for something else (any NVC connection)?
Answer: At most you can get PAcket 3 papers filled up but you cannot send to NVC until they have received payment of $335 per person on your gc paperwork.
(4) is i-824 necessary if opted for CP at time of 140 application
Answer: My impression is yes but do some more research on this.
(5) if i can start processing as soon as getting 140-approval notice from INS, can i just print off the DS-230 etc. forms of the internet and send to the bombay consulate?
Answer: I think yes coz this is what my lawyer has done. I have filled papers related to packet 3 even though nvc has not sent me packet 3. so answer is yes. But dont send to bbay consulate. Do not try to bypass nvc. refer attached document that i have maintained which will help yo understand sub steps after I-140 approval and until cp interview....obviously this is what i created based on information from various parts of the forum.
Last but not the least, update your status on cptracker.com as this will help you better understand what next!
thanks,
krish
What_shud_i_do
Registered Users (C)
Questions to all who have gone through this stage:
1. If one is not a concurrent filer, and has not given the CP option, does the case default to AOS/I-485 AFTER the approval of I-140?
2. If one DOES opt for CP before I-140 approval, is it still possible that VSC commits a mistake and 'defaults' the case to AOS
3. In such a case, is it possible to switch over to CP after getting EAD?
Thanks,
W_S_I_D
1. If one is not a concurrent filer, and has not given the CP option, does the case default to AOS/I-485 AFTER the approval of I-140?
2. If one DOES opt for CP before I-140 approval, is it still possible that VSC commits a mistake and 'defaults' the case to AOS
3. In such a case, is it possible to switch over to CP after getting EAD?
Thanks,
W_S_I_D
1. If one is not a concurrent filer, and has not given the CP option, does the case default to AOS/I-485 AFTER the approval of I-140?
<B>Answer:</B> Yes, to the best of my knowledge default is 485/ AOS.
2. If one DOES opt for CP before I-140 approval, is it still possible that VSC commits a mistake and 'defaults' the case to AOS
<B>Answer:</B> Yes, having been using this forum I have seen a number of cases where one opted for CP and INS defaulted to 485. In another case, my ex-roomie requested 485 and his I-140 was approved for CP.
3. In such a case, is it possible to switch over to CP after getting EAD?
<B>Answer:</B> Yes, by filing I-824 which is a form for changing status from AOS to CP or the other way around. The downside is that approval of this form takes around 3-9 months. But there are certain consulates which accept I-824 receipt while filing AC I-140....you will get these details by searching for "AC I-140" process. Or if you want email me via private message and I can explain if you do not have time to research.
<B>Answer:</B> Yes, to the best of my knowledge default is 485/ AOS.
2. If one DOES opt for CP before I-140 approval, is it still possible that VSC commits a mistake and 'defaults' the case to AOS
<B>Answer:</B> Yes, having been using this forum I have seen a number of cases where one opted for CP and INS defaulted to 485. In another case, my ex-roomie requested 485 and his I-140 was approved for CP.
3. In such a case, is it possible to switch over to CP after getting EAD?
<B>Answer:</B> Yes, by filing I-824 which is a form for changing status from AOS to CP or the other way around. The downside is that approval of this form takes around 3-9 months. But there are certain consulates which accept I-824 receipt while filing AC I-140....you will get these details by searching for "AC I-140" process. Or if you want email me via private message and I can explain if you do not have time to research.
Last edited by a moderator: