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sanjib101
01-17-2012, 01:38 PM
dear all,

i came to India for a vacation in may 2011 and while h1b restamping my visa got rejected in 221g stage.now as i understand by next month my prority date in EB-2 will be current.at this stage what best thing i should do.should i need to apply for CP or i have some other option.please suggest me .

thanks

greencard.wait
01-17-2012, 02:57 PM
discuss with immigration lawyer.

Rb_newsletter
01-17-2012, 03:23 PM
dear all,

i came to India for a vacation in may 2011 and while h1b restamping my visa got rejected in 221g stage.now as i understand by next month my prority date in EB-2 will be current.at this stage what best thing i should do.should i need to apply for CP or i have some other option.please suggest me .

thanks
I am not an expert. Whatever I say is just my understanding. Please consult an attorney.

If your 140 was filed with AOS option you can't just apply in CP. You have to amend (or convert not sure about technical word) the approved 140 for CP. And the turn around time to amend 140 may not be as faster as you wish.

Other choice is "Attorney certified 140". Please refer to link "http://imminfo.com/News/Newsletter/2012-01-15/expansion-of-ac-I-140-processing.html".

Expansion of AC I-140 processing in India

Effective January 1, 2012, all immigrant visa processing in India will be done at two offices only: New Delhi and Mumbai. With Mumbai taking over the immigrant visa processing for Chennai, this means that attorney certified I-140 processing will be available to substantially more applicants than had been so previously.

Attorney certified I-140 (AC I-140) processing allows certain applicants with approved I-140 petitions who had designated adjustment of status on their petitions to switch to the much faster consular processing path. To qualify, an applicant must have an approved I-140 with either a “current” priority date or a priority date that is reasonably likely to become “current” within 60 days. To make the switch, the applicant’s attorney needs to send the following document package to the U.S. Consulate General in Mumbai:

1. The original I-797 approval notice for the I-140;
2. The original I-797 fee receipt for form I-824;
3. An attorney certified copy of all pages that made up the I-140 petition (including the PERM); and,
4. Fully completed form DS-230 (part I) and an email address for the attorney submitting the package.

This process is discretionary, though most properly prepared requests are being accepted.

The advantage of AC I-140 processing, particularly for someone who does not have a current priority date, but expects to have one shortly, is that it dramatically speeds up the green card process. Generally, this procedure results in the issuance of a green card within 45 days of the applicant’s priority date becoming “current.” If the PD is presently “current,” then it usually results in a green card within 60 to 90 days of the initial submission.

QuantumHash
01-17-2012, 03:33 PM
If the PD is presently “current,” then it usually results in a green card within 60 to 90 days of the initial submission.

So how does this work? If my PD is Jan 2009 and I apply for attorney certified I-140 and get GC within 60 to 90 days would that mean I was allocated a VISA number ahead of that other guy with PD of Jan 2008? If that's the case I would think many people ought to take advantage of AC I-140. Or is there a catch?