AVM from NVC regarding case status - Help

S

sanjay_d

Registered Users (C)
Hi,

My lawyer mailed in packet 3 to NVC a couple of weeks back.
When I called NVC (603-XXX-XXXX ) to find out the status of
the case I was told through the AVM that "the case has been
returned to BCIS". I do not know what this is supposed to mean.
Has someone had a similar experience ? I was hoping that they
would tell me whether or not received Packet 3 and whether they
had started the review process.

-Sanjay
 
ONe elhi case got into same problem

explore delhi cases. i think his name is RAHUL or something.

sri-il
 
could not locate the guy u mentioned

I did a number of searches on Delhi and Rahul but could not come up with anything. Could you be a bit more specific if possible ? Any help would be greatly appreciated.

Thanks again for the information.

-Sanjay
 
his id is rahul07

Application returned by NVC to INS --------- pl see this thread. he has posted his ordeal. take the help of your local senator to speed up the process. simultaneously u & yr HR dept & lawyer shld folloup with BCIS.

ALL the best
Sri-il
 
sanjay_d,

I know this is a frustrating situation. Bad part is it adds another 2-3 months to your GC process and Good part is once NVC gets file back everything flows like a charm...


1. First start calling your INS office every two weeks ( In my case it was Nebraska) to check if they have recd. the file from NVC or not. Remeber INS won't answer your queries unless your HR or your Lawyer calls them. Also most of the time you will be talking to operators who tell u just whats in computer.

2. Ask your lawyer to start sending INS letters every 3 weeks explaining the case and requesting to send file back to NVC.

3. Frustrating part is not knowing where file is as INS & NVC will be pointing fingers to each other - Hence be patient and don't loose hope. Once INS acknowledges that they recd. file from NVC it should be easy from there on.

4. I don't know what state you are in but I did contact my local senator and ask for his offices help. They did contact INS and got file moving faster.

5. Once your file reaches NVC back it - you will have the same old case number as generated by NVC earlier. Hence hang on to your P3 and payments as you can send them once file reaches NVC.

DO you by any chance have two I-140's processing i.e EB2 & EB3 . IF yes then withdraw the I-140 which is not approved.

Hope this helps. Good luck

\rahul07
 
i have another eb3 application pending

thanks for the information.
I just got off the phone with NVC and they told me that the
reason that they sent it back to INS was because they received
communication from either me or my lawyer stating that I wanted adjustment of status done. This is not true at all. In fact we just mailed in P3 a couple of weeks backs to NVC. They also mentioned they might have erroneously interpreted correspondence from the lawyer to indicate that i wanted AOS done. They suggested that I contact INS and ask them to send the case back to NVC.
When I called INS they told me that I had to contact Vermont Service Center through mail or through my attorney in order to get the case back to NVC. I am only hoping that I don't have to end up filing for 824 or doing AOS after having come thus far.
I shall send a mail out to the Vermont Service Center and I have also asked my lawyer to contact the service center.
I do have another EB3 application pending with the INS. The lawyer filed this just in case there was a problem with the EB2 application. Do you know how I can get this application removed ?
Any advice on this matter will be greatly appreciated.
It is really frustating to have come all this way smoothly and then running into a roadblock like this.

Thanks again.

-sanjay
 
My guess is after your EB2 approval when INS started working on your EB3 I-140 , they saw some link to your EB2 case and wanted to see that file and hence requested the file from NVC. I remember operator at INS once telling me that this is one of the reason sometimes they request file back from NVC.

To withdraw your EB3 case, just tell your lawyer to send a letter stating the same to INS. It usually takes couple of weeks and you will see the online status update on EB3 case stating that case has been withdrawn.

Also, you will probably get P3 you mailed to NVC back from NVC along with a letter explaining how you can get your fee back. Just hang on to your P3 and letter and send it back to NVC once your file reaches NVC back.

I know its frustrating but have hope .. everything will work out fine.



Good luck
\rahul07
 
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