wrong consulate on 140 approval

[suhail]

Hi,

I recently got my 140 approved, but the consulate mentioned on my 140 approval is Chennai, when my hometown (Nagpur) actually comes under the jursidiction of the Mumbai consulate. I have always gone only to Mumbai for my visa processing. I don't remember having filled in a desired consulate when I filed my 140, but it surely would not have been Chennai.

What do I do in this case? My lawyer has advised me to go ahead and continue processing with the Chennai consulate, but I just wanted to confirm if this would be the right thing to do or should I try to get it changed to Mumbai, and what it would take to change it to Mumbai if I decided to do that.

Thanks in advance..

Suhail
.

[abu lafya]

Not legal advise:
If you clearly belong to Mumbai, any other consulate may reject your case, saying you should approach a different consulate.
Your lawyer or you needs to contact INS and/or NVC and correct the error.

[bjinny]

Hi Suhail - the same thing happened to me. I'm from Pune and have always gone to Mumbai for visas but for some reason I got New Delhi for my CP. I believe this was probably because my attorney checked New Delhi (but I'm not sure about this - it is entire possible that sometimes it gets assigned randomly if a clear preference is not mentioned.) I was worried on two counts - 1) Since I know Mumbai better I wanted to go there 2) I was not sure if New Delhi would accept my application. I called both the New Delhi and Mumbai consulates and here is what I found out.

1. If New Delhi accepts jurisdiction for my case (which they did unhesitatingly) then I could go ahead and process there (this was told to me by the Mumbai folks.)

2. If I want a transfer to Mumbai, I have to file a form with the Mumbai consulate on the basis of which they would ask the New Delhi embassy to transfer my file to them. This entire scenario could take from 1month to 2 months maximum because everything has to happen via Diplomatic Mail bag which only goes once in 2 weeks or something. (This I confirmed with both Mumbai and New Delhi.)

Once the I-140 approval has come it is technically out of the hands of NVC/INS and you have to deal with the consulates directly to correct the problem.

In the end, I was most concerned about getting it done as soon as possible and did not want to wait another month or two because who knows where things will get stuck. I went ahead and sent my forms to New Delhi. They accepted jurisdiction (I don't think they can refuse since NVC sent them my file anyway). They got my paperwork on Nov 2nd and I have an interview with them on Jan 15th.

My personal reccomendation to you would be to call the Chennai consulate and confirm that they should not have a problem accepting your case (if they have aready received your file from NVC then they will have your case number etc.). Then go ahead and process it in Chennai, especially if timing is a concern for you.

Hope this helps.

[kirank]

yeah, Suhail ! Go ahead with Chennai...if it works for them !

KK )

[abu lafya]

If they will accept you case, you will be fine. Be ready for the possibility that they will not accept it (they can but don't have to) and then you will have to go to Mumbai. Of course, if that will happen, it will be waste of time.

Contacting them directly is good idea. I would still try to check with NVC if they can change it.

[suhail]

Thanks for all the replies. My lawyer seemed to think that to get the consulate changed we would have to file some form with the NVC and that would mean an additional delay. He had no idea how much time the NVC would take for this .

Given that choice, I think contacting the Chennai consulate is the better option as I don't want additional delays, especially of the indefinite kind. I'll get in touch with them and ask if they'll accept my case. Don't know if they have gotten my papers from the NVC yet, but I'll call them anyway and post additional info.

Thanks again..

Suhail
.

[abu lafya]

Please do contact Chennai, but also consider calling NVC and really finding out.

[nagsastry]

I normally would be referred to Chennai consulate, but NVC has sent the paperwork to Mumbai.

I would like to know, if I have a case number from Mumbai consulate, does it mean that the consulate has accepted my case?I don't have the interview date assigned yet.

Do I still need to call them & check if they have accepted my case?

Thanks