CP approved I-140, Later AOS.. News

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rverma

Registered Users (C)
Got to speak to an IIO today..

This is what I got and it sounds preety convincing..

I-140 was approved for CP, but decided to do CP..
RD - 10/00
ND - 11/00
FP - 06/01
EB2, India

IIO said that the file is kept on a shelf and an enquiry is sent to NVC to find out if applicant has done CP. IF they do not hear in 120 days from NVC, worst case scenario, they open up the file again.

IIO even told me that my file went to shelf on Nov. 15.

That is the reason why some of us with I-140 approved for CP are still waiting.. Let\'s keep in touch..
 
Whcih year the NOV. 15 is?

What does this mean? Is it this kind of case will take 4 months longer than normal AOS?
 
Thanks Rverma. This confirms to the info that I posted couple of time earlier. I thought it was 180

 
 
Difference between ND and RD

Think about this.
I had opted for CP in I-140 and decided to do I-485. My RD is 8-7-01 and ND is 9-18-01. A gap of about 40 days. I feel that NSC must have contacted NVC to send back the file and after getting the file, NSC issued the notice ( ND 9-18-01 ). Once NSC had my complete file, they issued EAD and AP also to me and my family. This is what I feel. I suggest you people check the difference of days in RD and ND in your case. If in your case the difference is like mine, then before sending the notice (ND), NSC must be calling the file from NVC.
On the other side, you guys mean to say that, NSC calls back the file only at the time of adjutication which takes 120 days or less. If this is the case then we are screwed up.
 
RE:

In my case the diff between RD and ND is only 13 days which
had at about 6 days holidays including Christmas and New year day.
RD 12/19/00, ND 01/02/01
In this case, I don\'t think NSC has asked NVC to send the file
at that time before sending ND.
So, I believe NSC will ask the NVC only now, during adjudication,
to send the I140 files back.
In my case, the file is not even at NVC. Right now, it sitting
in Chennai Consulate. I never replied to the=ir Pocket III packet.
So, the 120 days delay will be from the day they open your
I485 file for processing.
I don\'t think I can see my approval in the next 3 months.
I keep fingers crossed and wait.
I din\'t have a project before Dec\'. Howeverm, now I have a project
going for next 3-4 months and I\'m hoping to see thge
approval before this p[roject gets oiver...
 
It is a COPY of your I-140 package that sits at NVC or a Consulate abroad

I know this from an IIO (scenario #2) and an attorney (Scenario #1) as well.
There are actually two scenarios:
#1: NVC makes a copy of the I-140 and than sends the original I-140 back to the INS.
#2: INS sends ONLY I-797 approval notice to the NVC and the case itself goes to the National Records Center when 90 days elapsed after the I-140 approval. He also added that in either case (I-140 approved either for CP or AOS) the case is stored at the NRC until the adjudication.

In either scenario the case remains with the INS/NRC. I think it is the time it takes to retrieve the case from the NRC that may cause a delay in SOME cases.

I don\'t know how credible this info is because I got conflicting data at times from different IIOs.
I suggest each of you try to reach an IIO and ask about the specifics of this procedure and posiible dalays. Then we could summarize the data and come up with the most likely scenario.
 
No Title

I did a FOIA request for my I-140 file (for another purpose) at NVC and at INS (VSC and NSC center) - all three responded they don\'t have it. VSC (where my I-140 was approved) wrote they sent my file to NVC, NVC responded they sent it to a consulate abroad, and NSC (where my I-485 is processing) responded they don\'t have my I-140 file.

So, those who said the file is kept in an overseas consulate are right. My I-485 RD 30/11/00, ND 15/12/00. The requests for I-140 files were made in 06/2001.

Will wait...
 
More Info: I spoke with a NVC lady about 3 weeks back. According to her, INS Service centers do not

reasons to NVC itself. NVC may not know, in all cases, how many filed AOS vs how many are doing CP....

I hope what she said is true, at least partially.

Hopefully in my case, they process it with no I140 file, if it
is being done in other cases.
 
I-140 approved for CP and filed I-485 (AOS)

I-140 approved for CP at CSC and filed I-485 at NSC

RD:09/00
ND:10/00
FP:05/01
EB2 INDIA
I-140 approved for CP at CSC
I-485 filed at NSC
AD: Waiting
 
I think the key is to let NVC know that you are going to adjust your status...

while in the US as soon as possible after the I-140 is approved. That should prevent NVC from sending the file to a consulate (in case this is what they generally do indeed).

See a quote from another discussion below:

I-485 Issues: ATTENTION ALL AOS filers (initially APPROVED FOR CP ) --
  Spoken to NVC.

Yes, I did spoke to a lady in NVC. She asked me to send her a fax stating my intention to adjust status here in the US. After that, the AVM was changed saying "We have received notice of the intention to adjust status in the US........".

(603) 334-0791. But better check with NVC in NH to be sure.
 
Osa, 4_GC

Although I\'m in the same boat as you all are, but I have a different question.

How can your I-140 be approved at one INS service center and I-485 can be filed at another service center?

My details -
I-140 approved at NSC for CP. I changed it to I-485, but the attorney filed it initially at VSC. It got rejected and now filed at NSC. I spoke with IIO, she said that you must file your I485 in the same service center which approved the I140.

RD - 10/29
ND - 11/23
EAD/AP - JAN\'02
FP not scheduled yet.

My other question to all you people is, do I need to call NVC to know where are my files?
 
TO: Osa. RE: In case your Consulate was the Moscow one

Why did you choose not to do CP. Any particular reason?
 
What about if I-140 Approve in CSC but not for CP and I-485 in NSC.

I talked to Congressman and Senator and according to them My I-140 was approved
in CSC and NSC looking for the information from NVC. My question what type of
information NSC is looking from NVC. Should I contact in NVC and Ask for
the samething. In my case my HQ office is at CA and I am in IL.

Can Anyone explain what is AILA ? because My attoreny send the fax to AILA
to enquir my case NSC? what are the Side effects ?
 
No Title

I had called the NVC this morning and spoke with a lady, she told me that the file has been mailed to Consulate(madras) in May, after that the NVC doesn\'t know if the file has been recalled by INS from Consulate. What\'s next? whom to call?
 
What is NVC phone Number ..? 603-334-0791 is a Fax Number

Any Information how to Contact NVC to ask abour I-140 ..//
 
No Title

I140 approved in august 2000. RD 07/09 ND 08/24. Suraz Please let me know if the approval date means anything. Thanks
 
Another case of CP but applied for AOS

I have been reading such comments for the last few months that if you opt for CP during I-140 and later go for AOS it delays the process. I, in fact got so worried today that I called NVC and was informed that my I-140 file was sent to US Consulate in India about 1.5 yrs back i.e. imediately after my I-140 approval. I submitted my I-485 to NSC (RD- 11/00; ND-12/00, EB1). I was shocked with the I-140 information from NVC and then called NSC. The IIO told me that my petition has already been assigned to an immigration officer. Based on the messages posted on this site, I assume this means that it is for the final decision and all the internal verifications are already done. I never contacted NVC before but did contact INS few times(once in Nov, Dec, and Jan). In Jan-01, I wrote to the local congressman and was surprised to see a quick response the very next day. I was informed by the office of the congressman to wait for 6 more weeks. If the case remained pending then was adviced to go back. I am sure that this helped but I never mentioned CP/AOS point when I spoke to the IIO and remained ignorant. I do not know in what way the internal enquiries are different if you swich from CP to AOS than AOS to AOS but I am definitely not able to form an opinion how exactly INS deals with such cases based on the comments posted here. The experience of all the individuals are so cotradictory to each other that it can frustrate anyone like me today. I will anyway post any development with my petition (RFE/approval/placement on shelf for 120 days). We can only hope for the best and there is not much we can do about it.
 
One quick question!!!

How do you know if your application was submitted for CP or AOS?
On my I140 application in the section 4 , it was mentioned like this:

"Below give the U.S. consulate you want notified if this petition is
approved and if any requested adjustment of status cannot be granted"

U.S CONSULATE CITY COUNTRY
Chennai India
Does this drive the application is submitted for CP??
Please let me know ..
 
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