824 cleared while waiting to send Pkt III(AC-140)

[meenu]

Hi CP experts:
I was waiting till my priority date gets current(it would be next month) and file my AC-140 to mumbai consulate. Since mumbai consulate requires 824 receipt, I applied for 824 and got the receipt dated Feb 5th. I was hoping to by pass NVC(obviously to avoid the NVC loop) and file AC-140 but my 824 got cleared in 2 weeks Feb 15th. I don't want to go for NVC loop as the trend shows that it takes some another 1/2 months (in some cases more than that) to get an nterview date.

So my question is can I send AC-149 even though my 824 got cleared? Has anybody done that? I know some people filed the AC-140 and while they ware waiting for their interview date, their 824 got cleared.

But my case is different, so what should I do?

Thanks in advance

Meenu

[sanjeevkaul]

U will have to wait

Meenu

As my understanding is you will now have to wait
till the file is transfered to NVC. AC-140 is
filed with the intention that it would cause
hardship (talk to lawyers) and if u lie that
you have not got the 824 then u may be disbarred

I wont take that risk

[abu lafya]

Re: U will have to wait

I think this might have been true in the past, or maybe for one consulate.
In particular, see state department letter to IVs:

The visa office requests that posts which process IV's begin immediately accepting I-140 cases for which
the beneficiary has filed an I-824 request for overseas processing and was last resident in posts's
consular district. As noted above, such cases are not discretionary. If post is approached by a beneficiary
or atroney requesting such processing, post should first determine if the beneficiary is eligibile to ahve the
case processed there. Posts do not have to have the actual approved petition to process, as 9 FAM 42.42
authorizes officers to process immigrant visa petitions on the basis of an I-797 "notice of approval" or
telegraphic notification of petition approval. For the sake of consistency as well as forestall potential fraud,
posts must accept these cases only if the beneficiary can supply all of the following items:
* Original I-797 notice of the I-140 petition.
* Copy of the I-140 petition(a certified copy is not necessary).
* Receipt for the I-824 to demnostrate the applicant has requested overseas processing.
* Evidence the applicant was last resident in the host country of the post.

You do not have to lie if you send the I-824 approval notice with the relevant Packet 3 documents.

[sanjeevkaul]

SEE inside

DEar abu

This is correct in case you I-824 is pending
that is what the memo says. Also please try to
understand couple of points here

1 I-824 means the intention of gettting the
file transferred to Consular. If that has been
approved why should the consulate accept I-824
and AC-140 . Deosnot make sense

2 The intention of Ac-140 is that if the 824
approval iks going to take a long time which
in ur case is not true and has been already approved
There is no need for AC-140 The consular may say
please wait for one month till NVC send the file
over .

3 Rest is ur choice. Just to save 1 month and
risking the whole process is not advisable.
I know couple of my friends here in my compnay
who are from bombay and were refused AC-140
since they had 824 approval notices .

4 BEAR in MIND when u go for consular processing
dont assume that Consular doesnot know about
ur history at INS. ALl ur petitions are retreieved
from INS and sent across to Consular. So if u
claim that u didnot receive 824 it amounts to
lying and subsequenlty other issues


5 rest ir ur choice

[abu lafya]

Re: SEE inside

While nobody is suggesting someone should lie, I read the memo from state department, nowhere does it say that approved I-824 should be rejected from AC I-140.
I'd like to know more about your friends who got rejected and WHEN.

[sanjeevkaul]

Not Lying

Abu

PLease i repeat please understand at INS laws
are based on interpretations. You may want to
interpret it the way it sounds nice to you and I am
looking at the other side.

As per the memo it says I-824 receipt not approved
I-824 "Just a legal issue here" . I repeat if
u have an approved I-824 then the consulate has
a discretion "not specified in memo" to say that
since ur 824 is approved lets wait for NVC . The idea
(i repeat) behind AC-140 (as per ins laws) and the
prupose of accepthardship (i repeat hardship) to the applicant
that is the basis for Ac-140ing just the receipt was the
underlying assumption that I-824 takes more time
casuing AC-140 is not accepted everywhere do u know why ?
Reason being some consulates assume that appying
thru INS is no reason for HArdship to the applicant

Rest is upto u

[abu lafya]

Re: Not Lying

What about your friends who were rejected?
Can you please provide more background (aprx. date, consulate, did they send I-824 approval notice?, did they have to wait for NVC?)

The consulate in Mumbai handled AC I-140 on the basis of hardship. I don't think this applies to other consulates, especially from non over-subscribed countries, some of which have been doing AC I-140 prior to state department memo.