Adjustation of Status--need urgent help!!!

Hunna

Registered Users (C)
I got my I140 approval recently, but the petition was sent to the Department of State National Visa Center (NVC), which is responsible for those who adjust their status out of the US. Since I live in NY and will adjust in the US, I need the petition in VSC. Any one who knows what I should do?

Millions of thanks
 
This is what you need to do

It is relatively easy to switch from Consular Processing to I-485. If your I-140 or I-130 indicates that it was approved for Consular Processing you can go ahead and instead file for I-485 without any extra request or extra steps. You simply file your I-485 application.

However, if the approval notice for the I-130 or I-140 indicates that it is approved for Adjustment of Status and that the INS will hold the case for Adjustment of Status and instead you want to do Consular Processing, the procedure is a bit more complicated. It is then necessary to file form I-824, the request for Consulate notification. According to a September 20, 2000 U.S. Department of State (DOS) cable, upon receiving the receipt notice for the I-824 it is possible to send it with your original approval notice and certain other documentation (mainly the packet 3 forms) directly to the Consulate and request that they schedule an interview. This is a modified version of what used to be called attorney-certified processing, except that the package does not need to be attorney certified.

Though all Consulates are supposed to use the above expedited procedure, many Consulates are not doing that and may instead wait for the case to go through the slower channel: waiting for the I-824 approval and for the cable notification to be sent to the Consulate so that the packet 3 can be generated. From that point, the case would proceed as described in the above question on the CP process in general. Whichever means is used, the case number is then assigned and the interview is scheduled. The Consulate then notifies the applicant by sending packet 4. Packet 4 includes additional instructions, including information about the medical examination, and documents that must be completed before the interview.
 
Hanuman, following is the Approval message

The above petition has been approved. We have sent it to the Department of State National Visa Center (NVC). NVC processes all apporved immigrant visa petitions that need consular action. It also determines which consular post is the appropriate consulate to complete visa processing. The NVC will the forward the approved petion to that consulate.

 This completes all INS action on this petition. If your have any quetions....

 The NVC will contact the person for whom you are petitioning concerning further immigrant visa processing steps (the end).

 According to what you say, I can directly file 485 to Vermont. But the case is not there, how could I handle it?

Thanks again.
 
I\'m on the same boat.

Hanuman is correct, I got the similar response. But I don\'t know how VSC pull back the case from NVC.
 
IN SAME BOAT, 140 approved for CP

yesterday my wife spoke to IIO and we learnt that our I140 was approved for CP and they are waiting to get details from home country. Earlier we spoke to IIO 3 times but newer got any info on this always they used to tell case is assigned and with officer now it is a different story. DOnt know what is happening with our cases and what happens next . IIO had no info as when we might get it back and processing continues, were told it might take between 1 to 24 months.
 
Relax, this is routine procedure.

My attorney had told me when she applied for my I-140 that she always applies for CP on the 140 form. The advantage, as per my attorney is:

1. Once the i-140 is approved, we simply go ahead and file an i-485 application which automatically puts me into AOS status.
2. Nothing needs to be done to tell the INS that you have changed ytour mind to go in for AOS and not CP.
3.. If we need to go for CP once the 140 is approved, it requires more forms to be filled out if we initially requested for AOS.
 
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