successful CP MUMBAI AC140

AC-140 with I-824

While going through this forum about CP associated to AC-140 I came across few doubts. Hoping to get some answer here.

1. If the person opted for AOS option while filing I-140 but after approval of I-140 he changes his mind to go for CP option then he needs to file I-824. Can the person go for AC-140 option without waiting for approval of I-824, since his I-140 has been approved or the person has to wait till his I-824 is approved and then go for AC-140 ?

2. Another doubt, if husband and wife are citizen of different countries and husband is a primary applicant in application then CP interview will be in which country ? Do they have choice ?
 
1. If the person opted for AOS option while filing I-140 but after approval of I-140 he changes his mind to go for CP option then he needs to file I-824. Can the person go for AC-140 option without waiting for approval of I-824, since his I-140 has been approved or the person has to wait till his I-824 is approved and then go for AC-140 ?
ANSWER: It depends on your consulate whether they accept AC I-140 process. What is your consulate?

2. Another doubt, if husband and wife are citizen of different countries and husband is a primary applicant in application then CP interview will be in which country ? Do they have choice ?
ANSWER: You have a choice but default is residence of primary applicant. Refer last para of this link below:
http://imminfo.com/Knowledgebase/FAM/FAM_HomeConsulate.html
 
Thanks Kdivekar.

My consulate is Mumbai and they accept AC-140. So it means I don't need to wait for approval of I-824 and can go ahead with AC-140.
 
CP after I140 but never worked in USA

Hi GURUs!!!,
My cousine has been working for a company in India in computer field. His friend owns a small consulting company in US.
His friend is doing his GC. So far....

1) My cousine's labor has been approved from Philly(2/2003)
2) My cousine's I140 has been filed(3/2003)

I see most of you have been working is US on H-1 Visa but my cousine has never worked/visited US. Questions,

1) How his CP will be different from someone who has been working in US?
2) Has any of you been to similar situation?
3) How do they treat these types of cases in Mumbai?
4) What would he require to take it with him when he goes
for an interview

I'll really appreciate your help. We're worried because we would wait for this to happen for about year and a half and do not want to see any negative surprises. Please help us!!!

Regards,
 
documents to send AC140 packet to consulate

what documents do we need to send to the consulate with the hardship letter? do we need to send the police clearance certificate with the documemts?

thanks
 
1. what documents do we need to send to the consulate with the hardship letter?
Answer: Refer http://imminfo.com/Knowledgebase/FAQs/ACI140.html

2. do we need to send the police clearance certificate with the documemts?
Answer: No. Normally, PCC is required only for the interview if it is a indian consulate. Montreal consulate requires PCC to be sent with P3. Else PCC may be required prior to interview if explicitly asked for!
 
AC140 refusal

Hi guys,

My attorney had filed for ac140 with mumbai coonsulate last month. Just today I heard from them that the case has been refused. The attorney has not told me the reason of the refusal. Does anyone know of such case? What is the possible remedy?

Please suggest

thanks in advance
--harapatra
 
harapatra:

What consulate did you send it to? Ask attorneys to email you the reason for rejection! Consulates when rejecting normally send a letter with packet and / or email reason for rejection. As k you attorney again for the reason! There are many possibilities!
 
Originally posted by kdivekar
harapatra:

What consulate did you send it to? Ask attorneys to email you the reason for rejection! Consulates when rejecting normally send a letter with packet and / or email reason for rejection. As k you attorney again for the reason! There are many possibilities!
Click to expand...

Thanks for the quick response.

I am asking her but she is not sending the details!! I am going to take an appointment and discuss this with her. The packet was sent to Mumbai and my 824 was filed in Apr '02. I had to convince the attorney about sending the AC140 as she was not sure that the consulates have started accpeting it (she is one of the leading attorneys :( )

thanks again
--rakesh
 
Originally posted by kdivekar
harapatra:

What consulate did you send it to? Ask attorneys to email you the reason for rejection! Consulates when rejecting normally send a letter with packet and / or email reason for rejection. As k you attorney again for the reason! There are many possibilities!
Click to expand...

I got the reply from the attorney - the packet was sent to the Mumbai post. It says - the post does not have jursidiction over my case. My birthplace is in Bihar and permanent residence in Jharkhand (Bihar sometimes back) but before coming to US I worked in Bangalore. They have not said which post I should submit it to. The mumbai site lists Bihar as one of the districts so, does it mean that they won't take Jharkhand cases anymore? How do I resolve this issue?

thanks in advance
--harapatra
 
I think the reason for rejection is since your lived last in bangalore you may have got your first/ last visa from chennai. And if that is true then you would fall under chennai consulate. And chennai consulate does not do AC I-140 process.

I am not sure if this would work but try convincing your attorney to resend the packet along with rejection letter and an additional letter explaining the same way to explained above that you were born in bihar with residence in jharkhand and since your birthplace falls within bbay jurisdiction to accept your AC I-140 application.

Believe me bbay consulate has nothing against you ...it is a matter of convincing them why you think it should be bbay and not chennai!

all the best and keep us posted!
 
I824 and reply from bbay consulate

Hi,

How long does it take to receive the receipt of I824? and how long does bbay consulate take to let us know whether they have accepted the case?

Also kdivekar could you please let me know briefly the contents of the hardship letter that your lawyer sent to consulate?the letter samples on immiinfo and immihelp are very general.

thanks.
 
How long does it take to receive the receipt of I824?
Answer: Upto 4 weeks from the time it was mailed.

And how long does bbay consulate take to let us know whether they have accepted the case?
Answer: 4-6 weeks. Sometimes even less than 4 weeks!

Also could you please let me know briefly the contents of the hardship letter that your lawyer sent to consulate?
Answer: I have neither seen a clear sample but here is the gist:
Address it to the consulate, written by your attorneys on your behalf, reason for hardship = extremely long delay in 485 process. Normally one reason is good but more valid reasons the merrier. There is no set letter format.
 
status for AC 140

Hi kdivekar,

thanks for your reply. filed for AOS this week. am on h4-husband on H1. am planning to efile for EAD and AP after getting 485 receipt. am wondering if the attorney does go in for AC140 will using our EAD/Ap and changing our status (mine from h4-using EAD)make a difference at the interview stage if bbay consulate accepts our case?

thanks.
 
murthy?

harapatra,

is your attorney murthy?

in my case, my last visa was from chennai, and last residence in india was also chennai. but my passport says that my permanent address is mumbai. mumbai accepted my case.

you should insist that the attorney show you the letters she sent and the replies she got. even if you need to threaten to sue for malpractice! my attorney made an unbelievable number of mistakes, and i had to catch them by doggedly insisting that i stay involved in each step.

if your passport says that your permanent address is in mumbai district, then make a story that the bangalore stay was a temporary stay. your attorney should have explicitly pointed this out in their letter. also show that your parents live in district, you studied there, etc. etc.

i also see that your 824 was filed in april 02 - don't you have it approved yet?? why ac140?
 
My packet 3 was sent to New Delhi consulate on 09/18/2003 (AC I140). I hope they accept it. If they accept can anyone tell me when I can expect the interview ?
 
roughly about 3.5-4.5 months from now...about 2.5-3.5 months after they have made an entry for your ac i-140 p3 in their system.

Around late jan04-feb04 expect an interview if case is accepted!
 
Re: murthy?

Originally posted by rohufish
harapatra,

is your attorney murthy?

in my case, my last visa was from chennai, and last residence in india was also chennai. but my passport says that my permanent address is mumbai. mumbai accepted my case.

you should insist that the attorney show you the letters she sent and the replies she got. even if you need to threaten to sue for malpractice! my attorney made an unbelievable number of mistakes, and i had to catch them by doggedly insisting that i stay involved in each step.

if your passport says that your permanent address is in mumbai district, then make a story that the bangalore stay was a temporary stay. your attorney should have explicitly pointed this out in their letter. also show that your parents live in district, you studied there, etc. etc.

i also see that your 824 was filed in april 02 - don't you have it approved yet?? why ac140?
Click to expand...

You know the whole idea of hiring an attorney is that these things should be taken care of by these folks, instead of us getting involved so closely. I am finding that the information is hard to come by. I had to convince my attorney this summer that AC140 is allowed in Mumbai! If I had not come to this newsgroup I would have remained in dark. Anyway, did your attorney show you all the info exchanged with the INS/consulates?

I am not from Mumbai but from Jharkhand (Bihar sometimes back). Bihar is listed as one of the districts on the consulate's web-site. That's why I feel Mumbai should accept my case.

Regarding 824 - it is still not approved :(
 
I824

hi,

can the ac140 process packet be sent to the consulate without the 824 filing receipt? will they agree to accept the case and if they accept the case then we can file the 824 and send the receipt - has anyone done the ac140 process this way?

thanks
 
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