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prakashrqa

Consular Processing after I140 approved

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I have completed 6yrs in USA and moved to India (currently I am in India). Applied PERM, then I140 from India. Below are my I140 status in myuscis website.  
  • We have responded to RFE on June 10th 2020.
  • I140 approved on June 15th 2020
  • USCIS decision was emailed on June 16th 2020
  • Case Was Sent To The Department of State July 9th 2020
 
Questions:-
  1. Will consular processing affect my I140 approval? means is there any chance for denial of my I140
  2. If not, When I or my Attorney will get my approved hard copy of I140? What is the approx time to get I140 after consular processing.
  3. Once i receive I140, can i apply for H1 extn from India based on I140 approval?

Please someone clarify my question (above mentioned). Appreciate your time and patient for viewing my questions.

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What is your Priority Date? It would seem that the case is for consular Processing for an Immigrant Visa which can only be scheduled when your Priority Date is current.

Contact the lawyer and ask him. You should be able to get H1 extensions.

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an I-140 can be denied, if, for example, it turns out that you don't meet the requirements of the job in question or maybe you have an arrest and/or conviction for something serious...or...if the CO determines that the 'effort' to find a qualified American worker was bogus (quite common), that could cause problems...a significant percentage of immigration attorneys blur this requirement often...they and the employer will advertise the alleged job in one state when the real job is in another, usually with some prerequisite that turns away legit Americans for bogus reasons...or the company, in ;league with their attorney, adds a new item to the alleged job description, claiming that the advertised wages will be lower (when they are not) or claiming the new hire needs to speak Hindi or some other unusual language (also bogus)...

Remember, just because an immigration attorney writes something on paper or in a letter, it does not automatically make such statements true. 

However, if you are legit and the job search/requirements are legit, there should not be a problem unless your PD has not been reached...

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I second Pontevecchio. If you are outside the US when the I-104 is approved, which you say it is, the case will continue with Consular Processing instead of I-485 (which is only possible if you are in the US.) CP is pretty much a formality, Consular officers can not deny the case unless there is paperwork missing or obvious fraud. They can not reopen the I-140 or question things in the I-140 (unlike what Noah Lott seems to claim.) This is different from the H1 process. Consular officers do not have the discretionary power to reinvestigate the I-140 (unlike USCIS officers when processing an I-485.)

Way back when I did CP it took all of 5 minutes, the officer leafing through my file and asking a few questions.

Edited by JoeF

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Sorry Joe, but COs can look more deeply into an I-140, especially during the interview. There is NO law that prevents a CO from making sure that the applicant and the job are legit....while a CO cannot deny an I 140 application outright, a CO can set it aside under 221g, and return said petition to USCIS (and the Kentucky Consular Center) explaining why something appears to be amiss....and then USCIS and the KCC will investigate further...I sent several I-140s back to the KCC while working...a few times because the applicants did not appear qualified for the jobs they were seeking (and the 'evidence' had been manufactured), a few times because the job had not been advertised in such a way as to truly search for a qualified American citizen worker, once for identity fraud, twice for overstays that had not been revealed (which turned into an ineligibility for misrep and fraud) and a couple of times for huge inconsistencies in the advertised wage versus the real one (ie., more bogus baloney from the company and attorney) and a couple of times for major fraud when the applicant's 'diploma from some university turned out to be fake, as well as doctored work experience....so yes, Joe, a CO is actually tasked with determining the overall eligibility of an applicant, for tourist visas, H1bs and work visas, marriage visas, you name it...now remind us all again, Joe....just how long did you work as a CO?

BTW Joe, none of the petitions I returned were ever re-approved or reaffirmed.... all were eventually denied...and the reason for my high success rate was that I pursued these cases intensely when I smelled something rotten, documented my findings carefully and did a lot of background work (like calling employers) to get the real story and compare it with what I was being told at the window). I did all of this (and more) before sending a case back for review....to make doubly sure that the case was bad rather than iffy....

the only reason a CO cannot deny outright such a case is because the petition itself is approved within the borders of the United States, by another government agency. But COs can and are encouraged to do far more than 'rubber stamp' some application just because the petition was approved in the US...(the vast majority of petitions, whether H1bs, I-140s, etc, are 'adjudicated' mostly by stay-at-home housewives, who are paid more per case for approvals than for denials, but who lack the keen sense of awareness regarding real diplomas, work experience that has been faked, foreign documents from numerous countries, etc)....and these housewives have never and never will interview an applicant, the job reserved for COs at which time the applicant's eligibility for a particular visa type is more thoroughly examined....by law.

Edited by Noah Lott

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Hey Joe...perhaps during your tenure as a CO you forgot to read this: (from USCIS's website regarding I-140's)

"

If a DOS consular officer discovers during the course of a visa interview that the underlying petition should not have been approved, or is no longer approvable, the petition may be referred back to USCIS. In such cases, the returned petition should be accompanied by a memorandum explaining the reasons the approved petition should be revoked. Once returned, a USCIS officer will review the petition and DOS's findings, and may either:

  • Find that the petition is not revocable and return the petition to DOS with an explanation of the decision not to revoke the petition;
  • Issue a Notice of Intent to Revoke to the petitioner; or, if warranted,
  • Issue a Notice of Automatic Revocation to the petitioner."

So your statement about COs not being able to question things in an I-140 is....not true.  Of course, had you ever really been a CO, you would have known that. 

 

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