Has there been any cases where in you guys have indicated CP in I-140 application but INS igonored this and instead approved your application for AOS ? WHat specifically to be done to avoid this at I--140 stage ? and if INS already made a mistake what could be done ? I read somewhere some attorney recommending to write with red ink in the bottom that "will not adjust"
ALL who are approved for CP Please help !
- Thread starter Jawan
- Start date
in-waiting
Registered Users (C)
Happens all the time.
1. If the I-140 has been approved for AOS, have your lawyer contact them and correct the error. INS will have to reissue your I-140 for CP. There is no need to file for I-824, but the reissue process may take upto 4-6 weeks.
2. Alternatively, if the consulate you opted for allows Attorney Certified 140 (e.g., Mumbai), simply file I-824, get the receipt, and go for CP with AC-140.
Of the above, #2, if possible, is faster.
Don\'t know how to insure that INS will not make the mistake. Since you do not know a priori when an officer will review your case, you can\'t call them and remind of your choice. Writing "will not adjust" in red ink is an interesting idea.
1. If the I-140 has been approved for AOS, have your lawyer contact them and correct the error. INS will have to reissue your I-140 for CP. There is no need to file for I-824, but the reissue process may take upto 4-6 weeks.
2. Alternatively, if the consulate you opted for allows Attorney Certified 140 (e.g., Mumbai), simply file I-824, get the receipt, and go for CP with AC-140.
Of the above, #2, if possible, is faster.
Don\'t know how to insure that INS will not make the mistake. Since you do not know a priori when an officer will review your case, you can\'t call them and remind of your choice. Writing "will not adjust" in red ink is an interesting idea.
waitnwatch
Registered Users (C)
Happened to me...
I-140 applied for CP but VSC approved it for AOS. Asked lawyer to call in but due to 9/11, he could not get through and hence applied I-824. Mine is Mumbai consulate, hence applied for AC-140 as soon as I got I-824 receipt and expecting Jan Interview.
How to avoid this? Million Dollar question
Ask your attorney to use NEW I-140 form which asks explicit question as to you are going to do a) AOS or b) CP. This form is less ambiguous. My attorney used older version and so I got screwed.
I have no idea of INS screwing you up even after using new form :-(
Hope this helps.
I-140 applied for CP but VSC approved it for AOS. Asked lawyer to call in but due to 9/11, he could not get through and hence applied I-824. Mine is Mumbai consulate, hence applied for AC-140 as soon as I got I-824 receipt and expecting Jan Interview.
How to avoid this? Million Dollar question
Ask your attorney to use NEW I-140 form which asks explicit question as to you are going to do a) AOS or b) CP. This form is less ambiguous. My attorney used older version and so I got screwed.
I have no idea of INS screwing you up even after using new form :-(
Hope this helps.
N1SHAH
Four months is a long time. Your lawyer needs to follow up and find out what went wrong. Did INS say that your file was sent to NVC? If so, you can have NVC track it, since you are well over the 90 day period. Act fast. Your app may have just fallen through the cracks.
Four months is a long time. Your lawyer needs to follow up and find out what went wrong. Did INS say that your file was sent to NVC? If so, you can have NVC track it, since you are well over the 90 day period. Act fast. Your app may have just fallen through the cracks.
questionanswer
Registered Users (C)
INS Delay
I applied for Consular on 07/04 and only today(12/03) NVC entered it in the computer. Is there any chance for expediting the delay. I will be unable to travel after March and am trying hard to get through before that.
I applied for Consular on 07/04 and only today(12/03) NVC entered it in the computer. Is there any chance for expediting the delay. I will be unable to travel after March and am trying hard to get through before that.