what next after I140 aproval?

venkat:

Can I know what is the process that take place between now and the interview day at the consulate ?

Answer: It is admin process that you need not worry about. Things like making sure you fall in correct consulate, all information and document required are provided and so on. Once this is done you are assigned a bmb2004 number which means your ac i-140 case is accepted and you can expect interview in about 2.5 months from then.

==============================================

What they do with the DS-230 part I information ?

Answer: They read it and verify the correctness and completeness.

==============================================

Can you also provide me the link or sample format of the employer's letter as I need to provide him to get it and do I need to get notorised at my place and city ?

Answer: I have not seen a GOOD sample employment letter as such. Your employer needs to get this letter notarized before giving it to you.

That employment letter should include:
1. Your full name
2. Your title/ position as per LC
3. Couple lines on roles/ responsibilities as per LC
4. You are currently a full time employee of your company and that you will continue to remain a permanent FTE after receiving GC approval
5. Your salary is $xxx, xxx per annum
6. You have been an employee since (preferably date should be spelt out as opposed to xx/xx/xxxx)

Sample letter:
http://www.immihelp.com/docs/cpsampleemploymentletter.html

Remember the words "Permanent Full Time Employee" preferably should show up in the letter!
 
Last edited by a moderator:
how long does one wait or should wait on AOS before 'officially' qualifying for AC140 ?
kd, as regards vm's case..am confused... how is he able to qualify for AC 140 without actually going thro 485 for a bit ?
althought I would like to go for CP, i want to get an EAD at the same time..so i guess i am planning to go for AOS and then change it to AC 140 as soon as i get the EAD or whenever i 'qualify' for it

finally what do u make of the Ohata memo? how does this affect anyone's choice for AOS,CP or AC 140? i tried hard to figure out the memo but i gave up : )
 
puhrince:

485 should be filed for an individual to avail of the AC I-140 process. I have not seen a case where 485 was not selected and one has proceeded with AC I-140 process.

I havent read the memo. Probably should be reading it now. Adn will keep you posted!

VM:

Havent you filed 485? IF not how come you are proceeding with AC I-140 since basis for AC I-140 is I-824 receipt which means that you ar emoving your process from USCIS to consulate. Please answer puhrince's question. I do not have much details about your case other than the questions that i have been answering.
 
Originally posted by puhrince
althought I would like to go for CP, i want to get an EAD at the same time..so i guess i am planning to go for AOS and then change it to AC 140 as soon as i get the EAD or whenever i 'qualify' for it
Click to expand...

puhrince,

Is your lawyer aware of this. Most lawyers would not do this. I'm not sure where I read this, or what are the repurcussions, but It is not advisable to go the 485 route just to get your EAD and then turn around and file for CP.

At least my attorney told me so.
 
alren, i understand your point..but then most guys switching to AC140 have EAD anyways...so dosen't his/her's lawyer oppose it when they choose AC? or are you saying its a matter of not letting the lawyer know beforehand? but even if its that,its still the same thing isn't it?

how long does one wait on 485 before they switch to AC 140?
 
OK, here is what I read from Immihelp.
Consular processing can be done even if you are using EAD, as long as you didn't file I-485 just for the sake of getting EAD and then promptly apply for CP. That way you abuse both the systems and invite otherwise avoidable problems.

Again, I do not know what the repurcussions are! But just approach with caution.
 
Last edited by a moderator:
thanks alren...it does make sense and i am considering this with caution..but at the same time, do you guys have a general idea as to the details of the cases of other guys you talked to(from this or other threads)? I mean did most of them apply for AC after they got their EAD's or before or right after getting it?
 
Hello KD and Puhrince,
I am also confused with my proceedings, I am not sure if this makes sense but let me explain

My I-140 was filed with the option of AOS but I didn't file my I-485 even though all the forms were filled as I waiting for mine & my wife's birth certificate and the NAC. It was taking long time so I asked for CP processing and my lawyer filed for I-824 on April 9th.

My I-140 got approved on April 23rd and I-824 got approved on April 26th. Last friday 04/30 I got email from my lawyer saying they have forwarded my papers to Mumbai consulate and may be in this week I will come to know.

I will try to put the same question to my lawyer's office and see what they reply for AC-140 ?

Thanks
 
Originally posted by vm1214
Hello KD and Puhrince,
I am also confused with my proceedings, I am not sure if this makes sense but let me explain

My I-140 was filed with the option of AOS but I didn't file my I-485 even though all the forms were filled as I waiting for mine & my wife's birth certificate and the NAC. It was taking long time so I asked for CP processing and my lawyer filed for I-824 on April 9th.

My I-140 got approved on April 23rd and I-824 got approved on April 26th. Last friday 04/30 I got email from my lawyer saying they have forwarded my papers to Mumbai consulate and may be in this week I will come to know.

I will try to put the same question to my lawyer's office and see what they reply for AC-140 ?

Thanks
Click to expand...

Hmm! Can't understand teh confusion. You opted to go for CP, after stating AOS in 140. Filed 824 later, got approved (amazing quick!). Lawyer sents the Attorney Certified 140 (AC140) to BOM. Wait from BOM's reponse if they will take up the case. If they will, expect to get an interview call and go to BOM abt. 2-3 mos. from now.
 
vm, based on what u say, yours is a case of simple CP,and not AC 140 since you never filed for I-485..? am i right guys?
 
Originally posted by puhrince
vm, based on what u say, yours is a case of simple CP,and not AC 140 since you never filed for I-485..? am i right guys?
Click to expand...

" My I-140 was filed with the option of AOS . "
So 140 already indicated AOS. So this will be AC140
 
Last edited by a moderator:
puhrince:

I concur with alren that vm has to go thru AC I-140 since he opted for 485 while filing I-140 (although he did not start his 485 process)
 
oops..i misread what vm said.. anyways altogether, from what i see in different cases, to summarize, one can apply for AC 140 at anytime..be it as early as not even applying for 485 as vm is, or anytime late in the 485 process too.. is that right? so the point of 'hardship' is meaningless but as kd said earlier, that dosen't even matter - he has noticed all kinds of cases being considered.

if so, guys, based on that, although the immihelp link alren gave mentions it is unethical to intentionally get EAD and then switch to AC, people have been doing it all along even though they didn't mean to do it right after getting the EAD...only difference with me is i am planning it way ahead of time..but how will anyone know? i can fall under the same category as the rest. i wish the immihelp mentioned what problems might be caused
 
When using information from IMMIHELP, one should be cautious as not all information is current. The latest postings on these fora provide more up to date information.

Also, from the postings on the CP Tracker and from my own experience I feel that case processing at the NVC has speeded up since a year (even six months) ago. In my own case it took 60 days from the date of I-140 approval to the date the case was sent to the Embassy. However, you have to be prepared in advance for each step of the process e.g. having your cashier checks ready, filling out the DS 230-1 in advance, etc.

Further, if you have employed a lawyer, remember, that you are only one of his/her many clients. So, you have to keep the lawyers on their toes. Many postings in this and related sites have detailed how the lawyers (unknowingly) misled their clients. You do not want to be such a case. Therefore, cross check any and all information and advice that your lawyer provides you and do not hesitate to quiz your lawyer.

P_L
 
puhrince:

Pitambar has put it correctly. And to add toit all i would ike to say that AC i-140 may seem like a fast process but remember for those who intentionally file 485/ EAD, the time wasted in such a 485 process plus changing it to AC I-140 is definitely longer than the regular CP process. Filing 485/ EAD may be unethical though not illegal/ unlawful and hence many folks have used this loophole. All i can say is thta if your job is secured until you get th cp interview and if you have no immigration or criminal violations of any sort and no contagious medical history then there is no reason to fear CP.
 
thanks guys for your comments..actually kd i was initially gonna go for CP..but the sudden delay in labor by 6 months out here in MI and chicago (DOL) region changed my mind(am almost done at SESA level)..

The reason for me doing the 485 and then changing to AC140 is so that I can get an EAD for my future wife (wedding later in the year) instead of her slogging out and getting a H1 visa after she comes here, which nowadays is subject to cap and the cap again fills out fast..on top of that you can only start working in october of that year!

So I came up with the idea that why not wait until she gets the EAD and then change to AC..if the labor hadn't delayed,i wud have stuck to CP cos she wud have been idle for probably 2-3 months only...do you think I am going on the right track or right option?
 
My opinion is if at the end you intend to go for CP, don't screw around. You never know when the regulations change.

For e.g., the new 140/485 concurrent process is not quite clear. The infamous "Fujita memo", directs to process 140 and 485 at the same time and if god forbid, 485 in this scenario takes 2 yrs., so will the 140.

So just be cautious! Don't play around. At the end think what you are sacrificing (wife not working for 6mos.?)
 
puhrince,

Alren's advice is very sound. If you intend to go for CP, then do not file AOS. In addition to the new changes there is no guarantee that AC-140 case will be accepted at the Embassy/Consulate.

P_L
 
You must log in or register to reply here.
Top