Hi cpers my I-140 was approved for AOS and I am filing I-824 for changing to CP. Attached is the email I received from Montreal. Based on this it seems that I may not have to wait for I-824 approval - just filing receipt. Is this right?????????? following is the text of the email......
Procedures for Processing I-140 cases in Canada
The U.S. consulate in Montreal is the only U.S. immigrant visa processing post in Canada. Montreal is a "Packet 4 processing" post meaning that the National Visa Center in Portsmouth NH handles all processing of the Montreal consulate\'s immigrant visa petitions up to the time of interview.
In September 2000, the Department issued guidance authorizing our consular posts overseas to process I-140 petitions in which the applicant had originally requested Adjustment of Status in the U.S., but had subsequently filed an I-824 to request overseas processing. Under these new procedures, posts abroad may process an employment-based immigrant visa on the basis of the I-797 Notice of Approval of the I-140 petition, copy of the petition, original receipt for the I-824, and proof of the applicant\'s previous residency in the consular district.
Because Montreal\'s immigrant visa processing up to interview is done at NVC rather than at post, persons wishing to process in Canada based on their previous residence there must follow procedures different from those outlined in the Department guidance. These procedures are:
If the applicant was last resident in Canada and believes that he or she is eligible for processing in Montreal, the applicant should send the following documents, in an envelope marked "I-824 Special Processing," to the National Visa Center, 32 Rochester Avenue, Portsmouth NH 03801:
-- Copy of the I-797 Notice of Approval of I-140 petition,
-- copy of the I-140 petition,together with copies of the supporting
documents submitted to INS at the time the petition was filed,
-- copy of the receipt for I-824 request for overseas processing, and
-- proof of previous residence in Canada and evidence of ability to return to Canada for processing. This proof would usually be in the form of a copy of the photo page of one\'s Canadian passport (for Canadian citizens) or a copy of one\'s Landed Immigrant form (for permanent residents). In addition, the consulate in Montreal requires that persons going to Montreal for Immigrant Visa interviews must have permission to reside in Canada for a period of at least six months from the date they submit their request for processing to NVC.
The applicant should not send original documents. However, the original I-797 notice of approval and original receipt for the I-824 must be presented at the time of interview in Montreal.
When NVC receives these documents, it will review them to determine whether the applicant is qualified for processing in Montreal. If the applicant is qualified, NVC will send out a Packet 3 to the applicant (or attorney of record). The applicant must complete the Packet 3 and return the relevant portions to NVC. NVC will then schedule an interview for the applicant in Montreal.
If the applicant is not qualified for Montreal processing or if some of the required documentation is missing, NVC will return the package of documents to the applicant or attorney.
Drafted: CA/VO/F/P:GChapman (11/29/00)
Cleared: CA/VO:GLannon
CA/VO:CBarry
CA/VO/F:LDonahue
CA/VO/L:SFischel
CA/VO/L/R:EOdom
CA/VO/F/P:GCavin
L/CA:KMalmborg
Procedures for Processing I-140 cases in Canada
The U.S. consulate in Montreal is the only U.S. immigrant visa processing post in Canada. Montreal is a "Packet 4 processing" post meaning that the National Visa Center in Portsmouth NH handles all processing of the Montreal consulate\'s immigrant visa petitions up to the time of interview.
In September 2000, the Department issued guidance authorizing our consular posts overseas to process I-140 petitions in which the applicant had originally requested Adjustment of Status in the U.S., but had subsequently filed an I-824 to request overseas processing. Under these new procedures, posts abroad may process an employment-based immigrant visa on the basis of the I-797 Notice of Approval of the I-140 petition, copy of the petition, original receipt for the I-824, and proof of the applicant\'s previous residency in the consular district.
Because Montreal\'s immigrant visa processing up to interview is done at NVC rather than at post, persons wishing to process in Canada based on their previous residence there must follow procedures different from those outlined in the Department guidance. These procedures are:
If the applicant was last resident in Canada and believes that he or she is eligible for processing in Montreal, the applicant should send the following documents, in an envelope marked "I-824 Special Processing," to the National Visa Center, 32 Rochester Avenue, Portsmouth NH 03801:
-- Copy of the I-797 Notice of Approval of I-140 petition,
-- copy of the I-140 petition,together with copies of the supporting
documents submitted to INS at the time the petition was filed,
-- copy of the receipt for I-824 request for overseas processing, and
-- proof of previous residence in Canada and evidence of ability to return to Canada for processing. This proof would usually be in the form of a copy of the photo page of one\'s Canadian passport (for Canadian citizens) or a copy of one\'s Landed Immigrant form (for permanent residents). In addition, the consulate in Montreal requires that persons going to Montreal for Immigrant Visa interviews must have permission to reside in Canada for a period of at least six months from the date they submit their request for processing to NVC.
The applicant should not send original documents. However, the original I-797 notice of approval and original receipt for the I-824 must be presented at the time of interview in Montreal.
When NVC receives these documents, it will review them to determine whether the applicant is qualified for processing in Montreal. If the applicant is qualified, NVC will send out a Packet 3 to the applicant (or attorney of record). The applicant must complete the Packet 3 and return the relevant portions to NVC. NVC will then schedule an interview for the applicant in Montreal.
If the applicant is not qualified for Montreal processing or if some of the required documentation is missing, NVC will return the package of documents to the applicant or attorney.
Drafted: CA/VO/F/P:GChapman (11/29/00)
Cleared: CA/VO:GLannon
CA/VO:CBarry
CA/VO/F:LDonahue
CA/VO/L:SFischel
CA/VO/L/R:EOdom
CA/VO/F/P:GCavin
L/CA:KMalmborg
CPer\'s !!