Thanks for the reply again. I have completed all the paperwork for 485 and just waiting for the lawyer to send the signed forms to INS. The question I have is, can I apply for AC140 immediately after getting the receipt for I824 or do I have to wait for I824 to be processed? And, can I file for I824 immediately after filling for 485 or do I have to wait a certain period? Also as I asked in the previous post, do they automatically switch you to CP when I824 is processed or do I have a choice to decide at that time? Thanks a lot for all these answers.
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successful CP MUMBAI AC140
- Thread starter prasadk
- Start date
No problem...
I'd suggest apply for 485 as planned...hopefully ASAP as every day counts. Wait for 6+ months to avail of the AC21 law or I-140 approval whichever comes SOONER. I think I-140 approval will come sooner for you.
1) Then at that point if you think your job is SECURED for 6-9 months from the time of I-140 approval then only at that point apply for I-824 change from 485 to CP. and based on I-824 receipt, request your attorneys to file AC I-140...very important: you need attorneys ...AC I_140 cannot be done by self. In India, Bbay and Delhi are the only consulates accepting AC I-140. Make sure your CP is done at either of the two . Chennai does not accept AC I-140.
OR
2) Then at that point if you think your job is NOT SECURED for 6-9 months from the time of I-140 approval then change jobs based on AC21 and then with new company file I-824 and follow AC I-140 route.
I'd suggest apply for 485 as planned...hopefully ASAP as every day counts. Wait for 6+ months to avail of the AC21 law or I-140 approval whichever comes SOONER. I think I-140 approval will come sooner for you.
1) Then at that point if you think your job is SECURED for 6-9 months from the time of I-140 approval then only at that point apply for I-824 change from 485 to CP. and based on I-824 receipt, request your attorneys to file AC I-140...very important: you need attorneys ...AC I_140 cannot be done by self. In India, Bbay and Delhi are the only consulates accepting AC I-140. Make sure your CP is done at either of the two . Chennai does not accept AC I-140.
OR
2) Then at that point if you think your job is NOT SECURED for 6-9 months from the time of I-140 approval then change jobs based on AC21 and then with new company file I-824 and follow AC I-140 route.
Thank you so mcuch!! I pretty much got all the answers I wanted except 2 more! So here they go....do they automatically switch you to CP when I824 comes up for processing or do I have a say in what I want to do (CP or AOS) at that time? Also do we know how long it takes for I824 to be processed? Thanks for being patient with me.!
Technically your AOS will get terminated & change to CP on approval of I-824. Currently CSC is processing I-824 as of 4/8/2002. So it will take about 14-15 months to get I-824 approval.
But you dont have to wait for 824 aproval, since Mumbai is accepting I-824 receipt plus AC I-140 route.
I-824 receipt takes about 1 month from the time the form is mailed.
But you dont have to wait for 824 aproval, since Mumbai is accepting I-824 receipt plus AC I-140 route.
I-824 receipt takes about 1 month from the time the form is mailed.
faster route
file your 485 today (day 1)
assuming your 140 approval comes in 40 days...
41st day, file a 824
55th day or so, you get your 824 receipt
56th day send ac140 request to consulate
60 days later you should have interview
total elapsed time 4 months to green card if you're lucky
even if things are delayed, your 485 stays valid until at least 40 days + 824 processing time (about a year), so you can use portability in worst case
file your 485 today (day 1)
assuming your 140 approval comes in 40 days...
41st day, file a 824
55th day or so, you get your 824 receipt
56th day send ac140 request to consulate
60 days later you should have interview
total elapsed time 4 months to green card if you're lucky
even if things are delayed, your 485 stays valid until at least 40 days + 824 processing time (about a year), so you can use portability in worst case
more...
per my understanding...
you need your current employer to file the 824 since they are the petitioner for the 140. the new company you switch to will not be able to file the 824 for you, although they can give you an employment letter for the final approval.
file your 485, and after 140 approval, your 824 right away without waiting, or you might get screwed.
mumbai and delhi take 824 receipts alone for processing AC140. chennai requires 824 approval and NVC route.
your 485 will not be automatically cancelled. you will get a letter just like an RFE, prior to 824 approval, asking if you want to follow CP or 485. at that point you can always cancel the 824 and keep your 485. i suspect that this step is to ensure that your company (which filed the 824) does not override your personal preferences for the final stage (CP or 485) which is YOUR petition, while the labor 140 and 824 were the COMPANY's petitions.
per my understanding...
you need your current employer to file the 824 since they are the petitioner for the 140. the new company you switch to will not be able to file the 824 for you, although they can give you an employment letter for the final approval.
file your 485, and after 140 approval, your 824 right away without waiting, or you might get screwed.
mumbai and delhi take 824 receipts alone for processing AC140. chennai requires 824 approval and NVC route.
your 485 will not be automatically cancelled. you will get a letter just like an RFE, prior to 824 approval, asking if you want to follow CP or 485. at that point you can always cancel the 824 and keep your 485. i suspect that this step is to ensure that your company (which filed the 824) does not override your personal preferences for the final stage (CP or 485) which is YOUR petition, while the labor 140 and 824 were the COMPANY's petitions.
question -- CP or 485?
Hi gurus,
I have one question...as I need to decide to go CP or I485?
Which one do you suggest...I have to goto mumbai for CP. Also I am already on 7th year extension.
How long does it take in case of CP and I485 right now. I will file either one ASAP, as just got CA DOL approval after 2 years of looong wait.
Also I have I-140 approval from previous employer..can that be helpful in any way?
Thanks,
Desi145
Hi gurus,
I have one question...as I need to decide to go CP or I485?
Which one do you suggest...I have to goto mumbai for CP. Also I am already on 7th year extension.
How long does it take in case of CP and I485 right now. I will file either one ASAP, as just got CA DOL approval after 2 years of looong wait.
Also I have I-140 approval from previous employer..can that be helpful in any way?
Thanks,
Desi145
i am guessing you are from california service center. Time for you to get green card will be time for I-140 (1 month) + CP process time (6-8 months) after I-140 approval + time for you to fill I-140 app + mailing time back and forth (1 month) = roughly about 10 months from I-140 approval.
485 is taking about 2 years.
Do CP if:
* Job secured for next 12 months at least
* If you do not meet any of these criterias (read the article): http://www.immihelp.com/gc/consular/refusal.html
485 is taking about 2 years.
Do CP if:
* Job secured for next 12 months at least
* If you do not meet any of these criterias (read the article): http://www.immihelp.com/gc/consular/refusal.html
CP impact if H1 and H4 stamp from different consulates
My I-140 was approved last week. My H1 stamp is from Mumbai consulate since I am a resident of Mumbai. My wife was a resident of Chennai before marriage so her H4 was stamped in Chennai.
Will this cause any issues for me and & my wife if I go for CP at Mumbai consulate?
My I-140 was approved last week. My H1 stamp is from Mumbai consulate since I am a resident of Mumbai. My wife was a resident of Chennai before marriage so her H4 was stamped in Chennai.
Will this cause any issues for me and & my wife if I go for CP at Mumbai consulate?
My lawyer recommends going for AOS… I have posted this question on this forum before and based on responses I have decided to go for CP ( My case is already with NVC).
Recently my lawyer mentioned the following with risks associated with CP.........
“Secondly, the security checks and name checks are done once you have left the US and gone to your interview. There have been times when these checks do not come back for extended periods of time. If this should happen you could get stuck outside of the US waiting for the results, with no ability to speed the process up. It could be more than 6 months in some cases. If you have an H the consulate may take it away from you pending the interview and you would have no way to get back.”
Have you heard about this before? OR do you know anyone who has recently appeared for interview and had to wait for extended period of time before s/he could come back to US?
Any inputs appreciated...
Recently my lawyer mentioned the following with risks associated with CP.........
“Secondly, the security checks and name checks are done once you have left the US and gone to your interview. There have been times when these checks do not come back for extended periods of time. If this should happen you could get stuck outside of the US waiting for the results, with no ability to speed the process up. It could be more than 6 months in some cases. If you have an H the consulate may take it away from you pending the interview and you would have no way to get back.”
Have you heard about this before? OR do you know anyone who has recently appeared for interview and had to wait for extended period of time before s/he could come back to US?
Any inputs appreciated...