Consular Processing

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What is Consular Processing

Consular processing is used to register for permanent residency by immigrants who are outside the US at the time an immigrant visa number becomes available as per their priority date.

At the time of filing the immigrant petition, the petitioner may request consular processing (the other option is Adjustment of Status) or consular processing may be requested after the approval of the immigrant petition via Form I-824 (It may take up to one year to transfer the file to the Consular Post. Persons who are already in US may also request Consular Processing, however this preempts them from using EAD to work while the application is pending.

When Priority Dates are current for given category and country for a long time and if person is already in USA and applied for Adjustment of Status. They can do AC-I140 at certain consular posts worldwide. Requesting consular processing via I-824 may take up to 1 year to transfer your approved I-140 petition from USCIS to NVC for further processing ,one can use Attorney certified I 140 and send to consular post for further processing.

AC-140 is a legal method shown in Dept's of State foriegn affairs manual and memo was sent to all consulate worldwide.It is not required for candidate to have AOS filled to use AC I 140. If one has filled for Adjustment of Status and filled I 824 he/she can keep AOS open until USCIS send letter to choose either Adjustment of Status or Consular processing.

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 met:

  1. INS has already approved an EB1 or EB2 category Immigrant Visa petition and the applicant has an original Form I-797 (Approval Notice) of the I-140 and I-824 fee receipt,
  2. the applicant is a resident of the Mumbai or Kolkata 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 hardship,
  5. the applicant has attorney-certified copies of all pages that made up the original immigrant visa petition,
  6. there does not appear to be any indication that the case is fraudulent,

and consulate workload permits us to take the case.

Below are list of documents required for AC-I 140.

  • Original I 140 petition.( I -797 ) ( If you have already mailed original with AOS application. Original Courtesy copy should be fine.
  • Receipt of I 824
  • Entire copy of I 140 petition.
  • Evidence that you were resident of your country of citizenship in past.That can be proved by University Diploma , Experience letter ( Prior to US trip ) , Driving Licence , Voter's card , Ration card.
  • Supplement to I 140 if any
  • Form DS 2001 signed by employee without any case number.No DS 2001 form required for any dependents.
  • DS 230 part I for primary and all dependents.

Mumbai consulate, India accepting EB3 cases that meet the above conditions on a more limited basis, where it is clear that the applicant is highly skilled. They would accord precedence to applicants who have already received H1B visas in the same profession or for the same employer.

Note: An immigrant visa number must be available at the time of filing as well as at the time of approval of the application.
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