After I-140 approval

[OCEAN14]

Hi,

My I-140 got approved on Dec 17,2002. I chose to go for CP. I asked my attorney what we need to do next. He said that we do not do anything until we get the paper from state dept. My attorney does not think going for CP is a good idea since I am from Bangladesh. According to him it is a risk to go to Dhaka. I still want to go for CP since it is faster. Could some one tell me how do I find out where my file is and how how long it would take me to get an interview.

[JoeF]

Re: After I-140 approval

What happens next is that INS sends the file to the National Visa Center (NVC). This is part of the Department of State. The NVC (website: http://travel.state.gov/visa/immigra...pes_1309.html) enters the case into their system and will send your lawyer all the required paperwork (the so-called Packet 3, i.e., the forms mentioned on the website). You get all the required documents (like Police Certificates, etc.), fill out the forms and send it back to NVC with the fees. They then forward the file to the consulate, and you will get the so-called Packet 4, i.e., the invitation letter and the second part of the application form, from them.

For the timeframe, there are a couple new unknowns. First, it can take 1-2 months for the file to arrive at NVC. NVC itself is pretty fast. Once the consulate receives the file, it usually takes 2 months for the interview. However, there is the recent addition of a background check. Depending on your country, it can take a while. People from your country probably know better how long it takes there.

[OCEAN14]

Re: After I-140 approval

Thank you very much for responding to my mail. I really do not know any one from Bangladesh who went for CP. I was wondering if I could e-mail the Consulate office in Dhaka to see,whether they will be able to tell me how long it takes to get the interview. Do you know is there any other way I could find out how long it takes in Dhaka to get the interview? Do you have any idea why my attorney said it is risky to go for CP in Dhaka? I am on my 7th year on my H1-B and it is going to expire in May 30th so, I was wondering if I should file for another extension now since it takes for a while to get the approval. I would want to file my H1-B extension by myself and I need some help on that. Have you done ever done it by yourself. Please let me know so that I could ask you some questions later on. Thanks again for your help.

[JoeF]

Re: After I-140 approval

I know that people often send email to their consulate. Sometimes they answer, sometimes they don't.
I don't think they have an idea about the duration of the background checks, either. Before 9/11, it used to be that regardless of which consulate was involved, it took 2-3 months once they got the file from NVC. But now...
I'm only warning about the duration of the background check because I read on another forum about a case in China where the person got stuck in China for several months.
A lot of lawyers do warn about doing CP at all, basically because there is no appeals process. But that's a bogus argument, since anything that would result in a CP denial would also result in a I-485 denial. And the I-485 appeals process is quite useless anyway. If the paperwork is in order, there is nothing to fear in CP.
There shouldn't be any special issues with your consulate, since the consulates don't have discretionary powers to deny or delay cases.

[OCEAN14]

Re: Re: After I-140 approval

Thanks a lot for sharing your knowledge with me. My H1-B is going to expire on 05/30/03 and I am on my 7 th year on H1-B. I think I need to file for another extension since I do not know when the consulate will call me for interview. I want to file the extension by myself. Do you have any idea about the H1-B extension process? If so please let me know so that I could ask you some questions. Thank you

[JoeF]

Re: Re: After I-140 approval

Well, first of all, you can't file an H1 extension, your employer has to do that.
It is of course possible to do that without lawyer, but there may be some mistakes on the application if your employer does it by themselves, and then the application could be denied because of these mistakes.
So unless your employer knows exactly what they are doing, I would not recommend doing this without a lawyer.
And I personally don't know much about recent H1 changes. My H1 days are long over, and I don't follow the H1 developments much anymore.

[moyeenkhan]

After I-140 Approval

When did you file for I-140?