Successfull CP/POE from mubai on 24th june/9july
- Thread starter bhagat
- Start date
Frankly speaking I think it is possible. But what i recommend is to wait for someone else to respond and also next monday night 9 pm EST post this question on murthy chat. (www.murthy.com)
Police Clearance Certificate
Hello Divekar:
According to form DS-2001, Police Clearance Certificate is required for :
"Each visa applicant aged 16 years or over is required to submit a police certificate from the police authorities of each locality of the country of the applicant's nationality or current residence where the applicant has resided for at least six months since attaining the age of sixteen."
My fingerprinting for AOS was done, and I believe results sent to FBI. Thereafter I got my EAD and AP.
My question to you is:
Do I still need any PCC from my local police authorities here in US for the AC-140 process?
Thanks in advance.
Hello Divekar:
According to form DS-2001, Police Clearance Certificate is required for :
"Each visa applicant aged 16 years or over is required to submit a police certificate from the police authorities of each locality of the country of the applicant's nationality or current residence where the applicant has resided for at least six months since attaining the age of sixteen."
My fingerprinting for AOS was done, and I believe results sent to FBI. Thereafter I got my EAD and AP.
My question to you is:
Do I still need any PCC from my local police authorities here in US for the AC-140 process?
Thanks in advance.
aprilfool:
Do I still need any PCC from my local police authorities here in US for the AC-140 process?
Answer: Yes you would still need a PCC from Indian Consulate in USA (not from a local police station) for your stay in india. Depending on your location in usa you can contact the consulate that caters to your jurisdiction for PCC.
No PCC is required for stay in USA since that information i made accessible to the consulate folks real time!
Do I still need any PCC from my local police authorities here in US for the AC-140 process?
Answer: Yes you would still need a PCC from Indian Consulate in USA (not from a local police station) for your stay in india. Depending on your location in usa you can contact the consulate that caters to your jurisdiction for PCC.
No PCC is required for stay in USA since that information i made accessible to the consulate folks real time!
PCC in USA
Hello Divekar,
Just trying to get some clarification on your last point:
What is made available realtime? Are you talking about the fingerprint checks we had to go through after we applied for AOS?
When is it made available to the consulate? Is it before they call us for interview?
Thanks.
Hello Divekar,
Just trying to get some clarification on your last point:
What is made available realtime? Are you talking about the fingerprint checks we had to go through after we applied for AOS?
When is it made available to the consulate? Is it before they call us for interview?
Thanks.
aprilfool:
Sorry about the delayed response to this one...for some i never got a email reply for this one hence i overlooked plus i was in my home country for CP process for 6 weeks just returned 4 days back!
What is made available realtime? Are you talking about the fingerprint checks we had to go through after we applied for AOS?
When is it made available to the consulate? Is it before they call us for interview?
AnsweR: REaltime access i meant ready access to Criminal Record information of non-federal nature. Things like name check / fbi check is something that is made available to the consulate generally before cp interview but in few cases the consulate initiates such queries on the date of the cp interview which causes a delay of 3-4 weeks in fbi responding to the name check query hence a delay in issuance of gc approval. We haev had cases (such as cannon) where name check was requested on the day of the interview but in many other cases it happens before or is not required.
Sorry about the delayed response to this one...for some i never got a email reply for this one hence i overlooked plus i was in my home country for CP process for 6 weeks just returned 4 days back!
What is made available realtime? Are you talking about the fingerprint checks we had to go through after we applied for AOS?
When is it made available to the consulate? Is it before they call us for interview?
AnsweR: REaltime access i meant ready access to Criminal Record information of non-federal nature. Things like name check / fbi check is something that is made available to the consulate generally before cp interview but in few cases the consulate initiates such queries on the date of the cp interview which causes a delay of 3-4 weeks in fbi responding to the name check query hence a delay in issuance of gc approval. We haev had cases (such as cannon) where name check was requested on the day of the interview but in many other cases it happens before or is not required.
goyal:
Sorry about the delay since i was on vacation and hated using a 56k modem connection hence was not frequenting internet for 6 weeks.
It should state the reason for hardship such as:
1. Extended delay with 485 process
2. Working for same company for more than 3-4 years
or something along those lines!
Proof of hardship is not that involved, really. You just need to show waiting for I485 would cause undue difficulty (in terms of delay in obtaining permanent residency, job promotion, etc...)
Sorry about the delay since i was on vacation and hated using a 56k modem connection hence was not frequenting internet for 6 weeks.
It should state the reason for hardship such as:
1. Extended delay with 485 process
2. Working for same company for more than 3-4 years
or something along those lines!
Proof of hardship is not that involved, really. You just need to show waiting for I485 would cause undue difficulty (in terms of delay in obtaining permanent residency, job promotion, etc...)
Last edited by a moderator:
Kd, i have been following your info in all your threads..thanks for all your help..from what i figure frm this AC I-140 process, assuming you want to do regular CP, but u know AC CP is faster.. so by getting around it by - applying for I-140 and 485,(which gets ur I-140 approved faster these days as compared to applying it seperately), and then changing to AC I-140...does this save time vis a vis applying for regular CP?( even though you don't really want to to apply for I-485)
CP Risks?
Hi All,
I am about to file my I 140. I am planning to opt for CP in Mumbai consulate.
I have few questions. Your answers will help me alot in deciding if I should go with option of CP.
1. What are the Risks involved with CP?
2. Will I be able to come back to USA on my H1 if for some reason CP is rejected?
3. I have my H1 approval notice and my wife has her H4 approval notice. I 94 for both passport is already expired.
Do we need to get the new visa stamped before we go for CP ?
I have all my documents (My Birth Certificate, Degrees, Marksheets, exp letters, all H1, all W2 , all tax papers)
My question here is do they verify all documents ?
Thanks alot
Amar
Hi All,
I am about to file my I 140. I am planning to opt for CP in Mumbai consulate.
I have few questions. Your answers will help me alot in deciding if I should go with option of CP.
1. What are the Risks involved with CP?
2. Will I be able to come back to USA on my H1 if for some reason CP is rejected?
3. I have my H1 approval notice and my wife has her H4 approval notice. I 94 for both passport is already expired.
Do we need to get the new visa stamped before we go for CP ?
I have all my documents (My Birth Certificate, Degrees, Marksheets, exp letters, all H1, all W2 , all tax papers)
My question here is do they verify all documents ?
Thanks alot
Amar
puhrince:
Well the from the point of I-140 approval it takes about 6-7 months to get an interview with regular CP and With AC I-140 plus getting I-824 receipt it takes about 5 months.
SO there is no big benefit as such other than saving 2 months AT MOST.
The reason why some folks apply for I-140 plus 485 is to avail of the EAD advantage and then change the route to AC I-140 with I-824 receipt since 485 gets cancelled only when I-824 application is taken up for approval.
But even beofre that one must verify if their consulate accept AC I-140 cases.
Well the from the point of I-140 approval it takes about 6-7 months to get an interview with regular CP and With AC I-140 plus getting I-824 receipt it takes about 5 months.
SO there is no big benefit as such other than saving 2 months AT MOST.
The reason why some folks apply for I-140 plus 485 is to avail of the EAD advantage and then change the route to AC I-140 with I-824 receipt since 485 gets cancelled only when I-824 application is taken up for approval.
But even beofre that one must verify if their consulate accept AC I-140 cases.
amar:
I concur with puhrince that you should have researched as these questions have been answerede in a numebr of threads. Anyway I will answer you questions in brief and you can get detailed answers in the thread elsewhere:\
1. What are the Risks involved with CP?
Answer: CP Risks = 485 Risks. Reasons for rejectionof CP is same as 485. No different just that in 485 yo;ur attorney can fight your case and in CP you are your own attorney at the time of the interview. Reaasons for CP rejection are fraud, out-of-status stay exceeding 180 days, police record in any country after the age of 16, contagious disease of any sort.
2. Will I be able to come back to USA on my H1 if for some reason CP is rejected?
Answer: No. Only if your CP interview is pending due to incomplete documentation you will be allowed to return to usa to collect the documents and reschedul the interview. But once the cp interview is successful/ unsuccsessful for reasons mentioned above, all non-immigrant visas are cancelled!
3. I have my H1 approval notice and my wife has her H4 approval notice. I 94 for both passport is already expired.
Answer: DO you I-94's say that duration of status or D/S or do they have a date. If they are truly expired consult an attorney immediately.
Do we need to get the new visa stamped before we go for CP ?
Answer: Not necessarily. Bt if you do not have the visa stamped then if you fly thru certain euopean nations you may be required to take transit visas of that country when you plan to fly to your country for your interview
I have all my documents (My Birth Certificate, Degrees, Marksheets, exp letters, all H1, all W2 , all tax papers)
My question here is do they verify all documents ?
I concur with puhrince that you should have researched as these questions have been answerede in a numebr of threads. Anyway I will answer you questions in brief and you can get detailed answers in the thread elsewhere:\
1. What are the Risks involved with CP?
Answer: CP Risks = 485 Risks. Reasons for rejectionof CP is same as 485. No different just that in 485 yo;ur attorney can fight your case and in CP you are your own attorney at the time of the interview. Reaasons for CP rejection are fraud, out-of-status stay exceeding 180 days, police record in any country after the age of 16, contagious disease of any sort.
2. Will I be able to come back to USA on my H1 if for some reason CP is rejected?
Answer: No. Only if your CP interview is pending due to incomplete documentation you will be allowed to return to usa to collect the documents and reschedul the interview. But once the cp interview is successful/ unsuccsessful for reasons mentioned above, all non-immigrant visas are cancelled!
3. I have my H1 approval notice and my wife has her H4 approval notice. I 94 for both passport is already expired.
Answer: DO you I-94's say that duration of status or D/S or do they have a date. If they are truly expired consult an attorney immediately.
Do we need to get the new visa stamped before we go for CP ?
Answer: Not necessarily. Bt if you do not have the visa stamped then if you fly thru certain euopean nations you may be required to take transit visas of that country when you plan to fly to your country for your interview
I have all my documents (My Birth Certificate, Degrees, Marksheets, exp letters, all H1, all W2 , all tax papers)
My question here is do they verify all documents ?
Shall I get new Visa stamped on passport at the consulate before CP interview?
kd1403,
I am bit confused with your response to the question 3 asked by amar:
"3. I have my H1 approval notice and my wife has her H4 approval notice. I 94 for both passport is already expired."
Isn't it normal that a person will have a H1 approval notice in hand but his I-94 have expired based on the last day of the previous H1 notice (previous Visa end date)? Why is it so important to consult an attorney immediately? Shall I get my new Visa stamped on my passport at the consulate before I go for CP interview?
In question 4 (next question)
"Do we need to get the new visa stamped before we go for CP ?"
You say "Not necessarily".
I might be confused. It would be better if you can clarify as I might face smilar problem when I go for interview as my H1 renewal is still in process and I was expecting that visa need not be stamped for the interview.
Thanks in advance for your reply.
kd1403,
I am bit confused with your response to the question 3 asked by amar:
"3. I have my H1 approval notice and my wife has her H4 approval notice. I 94 for both passport is already expired."
Isn't it normal that a person will have a H1 approval notice in hand but his I-94 have expired based on the last day of the previous H1 notice (previous Visa end date)? Why is it so important to consult an attorney immediately? Shall I get my new Visa stamped on my passport at the consulate before I go for CP interview?
In question 4 (next question)
"Do we need to get the new visa stamped before we go for CP ?"
You say "Not necessarily".
I might be confused. It would be better if you can clarify as I might face smilar problem when I go for interview as my H1 renewal is still in process and I was expecting that visa need not be stamped for the interview.
Thanks in advance for your reply.
CP-QUERY:
I-94 can have a date or can be valid "Duration of Status" or "D/S".
I-94 is considered as expired if there is a date which has passed. But if it says "Duration of Status" or "D/S" then with new h-1b approval it is considered in status.
What i am not sure if it is an issue if i-94 has expired due to a past date. Hence i recommended consulting a lawyer. I am not saying it will be a problem, i am saying it may be an issue!
I did my cp interview with a h-1b approval and i-94 which stated "Duration of Status" and did not have a problem.
I-94 can have a date or can be valid "Duration of Status" or "D/S".
I-94 is considered as expired if there is a date which has passed. But if it says "Duration of Status" or "D/S" then with new h-1b approval it is considered in status.
What i am not sure if it is an issue if i-94 has expired due to a past date. Hence i recommended consulting a lawyer. I am not saying it will be a problem, i am saying it may be an issue!
I did my cp interview with a h-1b approval and i-94 which stated "Duration of Status" and did not have a problem.
CP-QUERY
Did you renew your H1-B? If so, do you have fresh I-94 attached to the approval notice? This one is printed and is part of the approval notice. If you do, then you are okay and your I-94 will be valid for the duration of new H1-B. Also, the I-94 # should be the same as the expired one. Please confirm.
KAT02.
Did you renew your H1-B? If so, do you have fresh I-94 attached to the approval notice? This one is printed and is part of the approval notice. If you do, then you are okay and your I-94 will be valid for the duration of new H1-B. Also, the I-94 # should be the same as the expired one. Please confirm.
KAT02.
Thank you kd1403 and KAT02.
Thank you kd1403 and KAT02.
I got it.
My H1 will expire in May 2004. My New H1 should be filed in few days. My I140 got approved few days back. And it should take me 10 months for my CP interview. I was only worried of the I-94 being expired in May. But as you said I should get it attached below my new H1 approval notice.
Thanks
Thank you kd1403 and KAT02.
I got it.
My H1 will expire in May 2004. My New H1 should be filed in few days. My I140 got approved few days back. And it should take me 10 months for my CP interview. I was only worried of the I-94 being expired in May. But as you said I should get it attached below my new H1 approval notice.
Thanks