Check the following questions:
1. Did you opt for CP while filing for I-140?
- if not, you may have to file I-824 to change from AOS to CP.
2. If "yes" to #1 above, did INS approve your I-140 for CP?
- if not, INS will have to re-approve your case for CP (takes a month) and send it to NVC
3. Did INS confirm that they have sent it to NVC?
- if not, track it in INS and find out why it hasn\'t gone out to NVC (your lawyer may be able to do this more efficiently, instead of you trying to call a very busy number).
4. If "yes" to #3, did NVC confirm the receipt from INS?
- if not, you\'ll have to track the case forwarding from INS to NVC. Although NVC demands that 90 days pass before they take any action, some posters have reported success in getting NVC track the case before the 90 day period.
If you answer yes to #4, call NVC to find out why the case has not been created. It takes 2-4 weeks after step #3 for NVC to create the case.