CP vs AOS

G

Greenberg

Registered Users (C)
It seems there are a lot of confusions out here. I am wondering if you filed I-140 for CP and then changed to AOS (I-485), do you need to notify the NVC or consulate to get your I-140 back to the INS (then how?), or the INS can do it automatically, or as my lawyer said, just don\'t worry and do nothing and things are going to be approved just as if I had filed for AOS in my I-140?

Sincerely hope you folks could share your experiences or viewpoints.
 
RE:

My I140 was approved for CP. In July 2000 my case was also sent
to Consulate by NVC. Same time, I also received Pocket III.

But, I could not go for CP, because of my H1b and other issues.

I filed I485, RD 12/19/2000. Still waiting.

Facts:
1. INS does seek I140 file from NVC or Consulate. But not
necessarily for all such CP approved I140 cases.

2. If no one approached for a visa for 2 years, Consulate
sends the file back to the INS Srvice center where it was approved.

3. NVC does reply to INS if asked for I140 file.

Confusions:
1. How does INS ask NVC or Consulate and when for I140 file?
2. How long this could delay a case in addition to Normal time?
 
No Title

After getting info from INS NSC that they are having difficulties matching my 140 and 485.

I posted a message here to which I got useful replies that if I140 was procesed by NVC which is the Department of State center for Visa Processing, then there is a possibility of the 140 Approval being sent to the Local Consulate in India.

So I checked the 140 Approval and yes there was a note that said that the approval was sent to the Consulate in INDIA.

Calling NVC I found out that my approval was sent to a US consulate in India on the 18th of July.

So now what? I call the attorney to get explanation.

They tell me that while applying 140 there is a little field where they ask for optional consular processing center(US consulate in India).

So that is why the approval was sent to India. But they confirmed that even if the 140 was for consular and AOS, INS should be OK as far as my 485 was concerned.

Now I have to fiind out from NSC if they will make a requisition to the US consulate in INDIA or should I do it.

And also can call the US consulate to find out if my files are physically present there

The Irony is that came to know about this only now, so if I had chosen to go for consular processing(sometime end of 2000 or beg 2001) I might have got my GC approved.

Talk about BAD LUCK, u r talking about me. LOL

Hope this helps ppl.

BUT PLEASE DO LOOK AT THE I140 APPROVAL NOTICE AND FIND OUT WHAT IT SAYS.

WISH ME LUCK FOLKS

THANKS
 
No Title

I actually got my FP done last month (RD 10/01 and ND 11/01). I began to worry my appl would be delayed after reading several postings here. Thank you for your insights.
 
Packet III

My I-140 was approved for CP but I went for AOS. As per the I-140 approval, my case was transferred to NVC. Then I should have got Packet III from NVC within two/three months which I did not get. I am sechduled for FP in next two weeks.
Does this mean that my file was not forwarded to consulate since I did not receive Packet III.
 
No Title

Not sure since I did not receive anything from the NVC either and it has been 4 long months.
Thinking that I should call NVC anyway. At least for the peace of mind.
Miserable. Never want to come to the U.S. in my next life.
 
The packet III will directly send to your attorney. I found this out this Monday. Call your lawyer.

 
 
Greenberg, I agree with your understanding

I think, the key is where does the I-140 go after it has been approved, who keeps it and who needs it?

I think if I-140 says that it is for CP, it is sent to NVC, otherwise INS retains it.

In our cases NVC would then send the packet 3 to the attorney or you.

Now, if you apply for I-485, and DO NOT SEND the packet 3 back to NVC, then NVC would issue the notice in about 10 months inquiring the status to your attorney or you. NVC cannot get immigrant visa number from visa office until they find the complete packet 3. ONLY AFTER they find the packet 3 complete and get Immigrant visa numbers, they send the papers to Consular Post in the foriegn country.

In meantime, INS would continue with I485 application. When INS assigns the case to an officer, and if I140 is required, then they can retrieve it from NVC.(This process does not take long, max 2 weeks).

The problem is worse when it is other way around. Meaning, if you choose AOS at the time of I-140 filing, and later file I-824 to change to CP. In this case, the INS would have kept the I-140. The I824 application is a trigger to INS to send the I-140 to NVC and initiate CP. The INS is slow in this process and at some site have read delays of almost 1 year.

So, I think, people who filed AOS instead of continuing with CP needs to wait and do not worry, It is the people who planned to do AOS but changed to CP need to worry about the delay..

These are just my understanding and I\'m not an authority on the subject, Please use your discretion.
 
VD, that is exactly my point.

Yes there could be some delay if you filed for CP but switched to file I-485 instead. The question is no one is really sure how long it would be delayed. If as you said two weeks, it is bearable.

But do you think it is wise to write or call the NVC right now (after 4 months from filing I-485) to request the NVC to mail my I-140 back to the INS, so that when the INS comes to the stage of needing my I-140, it already has the files and does not need the extra time to retrieve them form the NVC?

My lawyer gave me an article written by an immigration lawyer in 1999 touching on this subject. It is true that if you file I-824 it can take a long long time since I-824 is a very low priority to the INS.
 
Greenberg, it doesn\'t hurt

I think it wouldn\'t hurt talking or writing to NVC, but I do not know if that can help in anyway.

What is your attorney\'s opinion? My attorney says, nothing is required, INS would make a request to NVC when it starts working on the case, and NVC would then send the file to INS.

I do not think that they can do that with our request, but I\'m not sure.

Let us know about your experience, if you call them.
Cheers
 
Is A# different from Visa Number ?

My I-140 was filed for CP. But upon I-140 approval, I filed 485 for AOS. I didn\'t receive/nor heard of packet III. But someone says, once you got the A# that appears on the receipt notice, there is nothing to worry about. Pls clarify... I am perplexed
 
No Title

There is not an actual "visa number". It is just a concept that when it comes to be current you can file your AOS. Check the State Dept.\'s Visa Bulletin.

A# is something like an SSN. It is for immigration and work authorization, and maybe other related stuff.
 
What is CP and AOS

I filed I140 in Feb 2001 and got approval in March 2001, I didn\'t have my I140 approval, my attorney has it.
So I don\'t have any ideal about my I140 type, do I need check with my attorney about AOS or CP? Do I need worry about my I140 may be send to NVC?

Hope you guys can help me out.
 
Guys!!

Good News!!
I just talked to an NVC rep and she confirmed me that the files
I 140\'S that were approved for CP will no longer be transferred
to Chennai until they receive the confirmation from the attorney
or the applicant.. She said that its a new process that they
implemented recently due to the complications.
THIS IS GOOD NEWS...
 
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