View Full Version : AC140 Procedure
07-13-2000, 10:54 AM
> My I 140 got approved at Texas SC a few days
> and I wish to file AC
> 140(I had indicated adj of
> status on my I-140). However, my lawyer says that
> cannot apply for CP
> using attorney cert. 140 as I don't have a case
> hardship to justify
> bypassing the I-824.
> Please advise. I appreciate your input.
07-13-2000, 02:04 PM
Hey how the hell can you attorney know if you have hardship or not. How does he make they decision about hardship " Just on the Fly" as soo as he heard the word of AC140 from you. All they guys are paper pushers and don't want to do a bit of extra work.
Go ahead and file I485 but if you are really facing hardships such as no promotions, lack of salary revisions, uncertinty, peace of mind. Hey anyone and everyone in this country on a H1 goes thru too much of hardship and isn't that enough. You have to just articulate it right.
Hey man this is a country of Super Hype when it comes to anything, so go with the flow and reap the rewards.
Use this infor at your own risk, I am not a lawyer but just a well wisher.
07-13-2000, 03:27 PM
You don't have to prove any hardship. The fact that I-485 takes forever itself is big hardship. So just go ahead.
07-13-2000, 05:23 PM
Thanks for your input. However, I need to convince my company appointed lawyer that the AC I-140 can be filed with out making a case for hardship. What would you advise I inform him?
Also, the US Consulate in Mumbai says the following :
On a case-by-case basis, the U.S. Consulate General in Mumbai is accepting
employment-based immigrant visa cases for processing when all the following conditions are
1.INS has already approved an E1 or E2 category immigrant visa petition and the applicant has
an original I-797 form,
2.the applicant is a resident of the Mumbai or Calcutta consular districts,
3.the priority date of the case is current or could reasonably be expected to be current within
60 days (we will not warehouse non-current cases),
4.waiting for the INS to process the change-of-status application would cause the applicant
5.the applicant has attorney-certified copies of all pages that made up the original immigrant
6.there does not appear to be any indication that the case is fraudulent,
7.and our workload permits us to take the case.
If you believe that your case meets these conditions, have your attorney send certified copies of
your I-140 paperwork to the Immigrant Visa Unit, U.S. Consulate General, 78 Bhulabhai Desai
Rd., Mumbai 400026 India
What about point 4 above?
I think my current lawyer doesnot want to do this for whatever reason- it shouldnot be a big deal.
Thanks a lot for all your help,
07-13-2000, 05:26 PM
thanks a lot man for your comments. My current lawyer is messed up..this stuff is so damn frustating..have you yourself done AC I-140 or do you have friends who have done the same?
Appreciate your input.
07-14-2000, 07:38 AM
KD0700, I have been twice screwed over by two different Attorneys because of their own conveniece and lack of moral or professional competance.
I have invested a lot of time and money on learning the immigration process procedure and now don't let some of the paper pushers ( bottom of the rung immigration lawyers dictate what they will do). I recently fired my Attorney as he cannot provide decent level of service.
I filed for CP but the INS scrwed up my EB category, I have approved labor & I140 for EB2 but their data entry says EB3 so I have to shoot tonnes of faxes back and forth to NVC and even quote sections from the Immigration law to match up my I140 approval to an Eb2 category till they finally issued me a letter saying the are shipping my file back to VSC for correction ( All then when my lawyer stood in the sidelines and was oblivious to the problems and kept claiming "No problem in you case" these things take time. Even worse he claimed that getting a GC thru CP takes twice the time. His office didn't even know squat about CP.
Now I have appointed another attorney. His office is very professional and prompt. So remember knowledge is power and no one can fool you. There is not much still required in interpreting the basic sections of the US immigration law.
If necessary fire the imcompotent and get someone who will do the right thing.
Best of luck.
07-14-2000, 10:00 AM
If you cannot be open and say what you have to say to me right in this open forum I don't think I want to hear it.
However if you still think it is very private send me email at firstname.lastname@example.org
07-14-2000, 01:32 PM
Could you please give me your email address? I would like to send an email to you.
My email address is email@example.com
I read your comments with great interest. Your points of hardship all seem clear and valid to me but I too want them to be. Do you know whether they are acceptable to most consulates or do you need specific ones to please certain consulates. I am particularly keen to hear your thoughts on London if you have any.