When you specify 'Consular Processing' on an I-140, immigrant visa petition, once the petition is approved, USCIS sends it to NVC for further processing. And once the priority date is about to be current, NVC will process the case further and forward it to the appropriate consulate.

Alternatively, if you have specified Adjustment of Status on I-140 application, and if you later change your mind to do consular processing, you must file I-824 to change the intent. Instead of waiting for I-824 to get approved and NVC to do further processing, as soon as you receive the receipt notice for I-824, you can send the original I-797 approval notice along with the necessary documents directly to the consulate for processing of immigrant visa. Most consulates are NOT willing to accept the case if you don't belong to that consulate jurisdiction.

It is also called Attorney Certificate I-140 (AC I-140) because before Sep 2000, Dept. of State required that attorney certify the copies of initial I-140 petition application. (It is not discretionary on the consulate). Attorney certification is no longer required.

This is a legal procedure as described in Dept. of State's Foreign Affairs Manual (at 9 FAM 42.42) and a cable was sent on Sep 20, 2000 to all consulates instructing them to process cases of residents of their consular district based on the copies. Depending upon the consulate, it may take around 3 to 6 months from the time initial paperwork is mailed to the consulate.

It is NOT necessary to have Adjustment of Status application filed to do AC I-140. There is no such requirement. If you have already filed Adjustment of Status and filed I-824, you can keep your choice open until USCIS sends you a letter asking you to choose one option: either Consular Processing or Adjustment of Status. Your Adjustment of Status application will not be cancelled automatically just because you file I-824.

Before you can send the package, the following conditions must be met:

• The priority date of the case is current or could reasonably be expected to be current within 60 days (consulate will not warehouse non-current cases).
  
  
• Waiting for the Department of Homeland Security to process the change-of-status application would cause the applicant hardship.
  
  Hardship means being forced to wait five to eight years in the same job, without hope of a promotion or change of employer if you select adjustment of status.
  
  
• There does not appear to be any indication that the case is fraudulent.
  
  

You should send the paperwork to the 'Immigrant Visa Unit' of your home consulate.

US consulates in India

US consulates worldwide

DO NOT send any submissions to any officer or employee by name. Doing so mixes business with personal mail and results in lost paperwork when officers transfer.

List of documents for AC I-140.

• Cover letter
  • Listing all documents in the package
  • Indicate Consular Processing intent
  • If lawyer has an e-mail address, include that. Otherwise, include your own e-mail address.
    
    Many consulates reply by e-mail and communication would be faster. Such consulates would normally send the confirmation that AC I140 has been accepted and also give the case number. This confirms that they have opened a file for you, and this is usually how you know that AC I-140 is accepted. Their forms may slightly differ from the downloaded ones you sent with AC I-140 package.
  
  AC I140 Sample cover letter
  
  
• Original I-797 approval notice of the I-140 petition.
  
  Some persons might have filed I-485 before going for consular processing and might be wondering if the lawyer has already sent the original I-140 approval notice while filing I-485, then how to send the original I-140 approval? In the first place, the lawyer is supposed to file only the copy of I-140 approval notice (I-797) while filing I-485. Even if he/she sent original I-797, they need not worry.
  
  INS sends 2 copies of I-797 (I-140 approval notice). For all practical purposes, both are "original" since they are printed on security paper. The second copy is called the "Courtesy copy" and is generally meant to be for the petitioner or your company.
  
  If you are doing AC-I140, you can send either of these I-797, and you should be OK. As for carrying the other when you head to the interview, it is never asked for by the consulate. But, you could carry it in any case.
  
  
• Entire Copy of the initial I-140 petition (a certified copy is not necessary since Sep 2000).
  
  
• Receipt for the I824 to demonstrate the applicant has requested overseas processing.
  
  
• Evidence the applicant was last resident in the host country of the post.
  
  This can be established by the following means:
  • Your experience letters and university certificates included in your I-140 application (this will prove that you stayed in any of the above states for major part of your pre-US life).
    
    
  • Address page of your passport.
    
    
  • The US visa page of your passport showing the name of the consulate that issued the US non-immigrant visa.
    
    
  • Part IV of your I-140 application should indicate the consulate of your choice.
    
    
  • School mark sheets, college mark sheets/transcripts, degree certificate.
    
    
  • Driving license issued from your native country.
    
    
  • Voters card.
    
    
  • Ration card with primary applicant's name in it.
    
    
  • Your income tax returns before coming to US.
    
    
  • Many of above mentioned documents for your parents proving that your parents' still permanently belong to that consulate jurisdiction.
    
    
• Addendums to I-140 (if any).
  
  
• DS-2001 signed by primary applicant with case # empty.
  Print 2 sided on long edge.
  DS-2001 is not needed for dependents.
  
  
• DS-230 Part1 for primary applicant and each dependent who will immigrate with the primary applicant.
  Print 2 sided on long edge.
  
  

There is no fee for sending AC I-140 and for sending Packet 3.

Some consulates readily accept petitions approved in EB1 and EB2 categories. They accept EB3 cases on more limited basis, whether it is clear that the applicant is highly skilled. Preference is given to the applicant who have already received H1-B visas in the same profession or for the same employer.

Before you leave US for interview, make sure you have all the documents with you.