File I-824 to request file to be sent to NVC?

G

GCChaahiye

Registered Users (C)
My I-140 was approved in the last week of October but till today, NVC has not received the file and hence,I have not received even the fee bill.

I spoke to NCSC and was told to file I-824 (which has a filing fee of $195).

Now this is crazy.

It is the job of a service center to automatically forward the case file to NVC after the underlying I-140 is approved.

By filing I-824 in my case, I am not asking for any favor or extra service which needs a filing fee.

And leaving the fee issue for now, why do I have to file I-824 in the first place?

Any comments?
 
Last edited by a moderator:
GCChaahiye said:
My I-140 was approved in the last week of October but till today, NVC has not received the file and hence,I have not received even the fee bill.

I spoke to NCSC and was told to file I-824 (which has a filing fee of $195).

Now this is crazy.

It is the job of a service center to automatically forward the case file to NVC after the underlying I-140 is approved.

By filing I-824 in my case, I am not asking for any favor or extra service which needs a filing fee.

And leaving the fee issue for now, why do I have to file I-824 in the first place?

Any comments?
Click to expand...
Was in a similar situation - my 140 was approved in March and my case got transferred finally in September. This is what I found out are the options:
-Sometimes it helps if the lawyer files for a duplicate copy to be sent though I do not know the details of which forms to file for
-The problem is the USCIS accepts mailed letters - so there is no way to track this communication. However, let your lawyers send mails after the advised 90 day period is over.
-Your local congressman's office usually helps - they have been sucessfull in getting it moving in some cases that I have heard
-You can file I-824 which the USCIS had suggested to me also but it is a very long drawn process. (I believe another I-140 might be faster - please check with your lawyer)
-My lawyer suggested refiling I-140 which sounds rather extreme but is an option.
Good Luck!
 
GC,
I am also in the same situation. My case was approved by NSC on 11/3/04 and till today no sign of case creation at NVC. I talked to USCIS 2 weeks back and they asked me to keep waiting. I am totally frustrated.
What guarantee is there that this will move the file? Here is the info on I824 from USCIS.

Purpose of Form: This form will be used to request a duplicate approval notice, to request approval notice to another U.S. Consulate; and to request notice to a U.S. Consulate for derivative visas to family members.
Number of Pages: 2
Edition Date: 07/09/04. 4/4/03 version will be accepted only through 9/30/04.
Where to File: This form should be filed with the USCIS Office that approved the original application or petition.
Filing Fee: $195

http://uscis.gov/graphics/formsfee/forms/i-824.htm

This sux big time. We seem to be so close but yet so far!!!
 
GCChaahiye said:
My I-140 was approved in the last week of October but till today, NVC has not received the file and hence,I have not received even the fee bill.

I spoke to NCSC and was told to file I-824 (which has a filing fee of $195).

Now this is crazy.

It is the job of a service center to automatically forward the case file to NVC after the underlying I-140 is approved.

By filing I-824 in my case, I am not asking for any favor or extra service which needs a filing fee.

And leaving the fee issue for now, why do I have to file I-824 in the first place?

Any comments?
Click to expand...

One reason why they would expect you to file I-824 is, if the I-140 was
filed with AOS option and now a request is being made to move it to CP.

If you are sure that your original option was CP , then your attorney
can call and get this rectified.

Raju
 
Sandeep_N said:
-Your local congressman's office usually helps - they have been sucessfull in getting it moving in some cases that I have heard
-You can file I-824 which the USCIS had suggested to me also but it is a very long drawn process. (I believe another I-140 might be faster - please check with your lawyer)
-My lawyer suggested refiling I-140 which sounds rather extreme but is an option.
Good Luck!
Click to expand...

Let me echo Sandeep_N: don't hesitate to contact your local congressman. Mine was somewhat helpful. Look around, there are usually people who have some contacts, who can help you getting this to the attention of the office of your local congressman. They have a special email address for each of the service centers, and can contact them directly.

In my case, my I-360 (equivalent of 140 for EB4 cases) was approved in December 2003, but TSC never notified me or my attorney, and they never updated the case status website to reflect this. In November 2004(after the timeframe initially given by TSC expired), we were told that it was possibly approved in Dec. 03. My attorney filed an 824, and I contacted our local congressman's office. I also had a friend in DC contact another congressman's office (though this is not normally advised -- my attorney said that it's best to contact just one office. Too many offices and the CIS gets confused.) ... something worked, because my 824 did get approved -- and they've supposedly sent the papers on to the NVC. (The normal processing time for an 824 at TSC is between 500-600 days!).

In my case it was entirely TSC's fault ... (had they actually approved me in December 2003 as they claimed they did, I could have done CP and gotten my PR status by now!). I had to pay the $195 for an 824, and some extra fees to my attorney, and wait 14 months extra. Sometimes, (often?) the Centers are just incompetent, and really couldn't care a bit. Maddenning, but we are not in a position to do much about this.

Good luck!
 
Raju595 said:
One reason why they would expect you to file I-824 is, if the I-140 was
filed with AOS option and now a request is being made to move it to CP.

If you are sure that your original option was CP , then your attorney
can call and get this rectified.

Raju
Click to expand...

My I-140 was filed with CP option and the approval notice mentioned that the case will be forwared to the NVC.

So there should be no doubt that it should have been sent long time ago.

And I would say, they hire people with half - baked knowledge and information at the NCSC, giving wrong advices. :mad:
 
tarantula said:
GC,
I am also in the same situation. My case was approved by NSC on 11/3/04 and till today no sign of case creation at NVC. I talked to USCIS 2 weeks back and they asked me to keep waiting. I am totally frustrated.
What guarantee is there that this will move the file? Here is the info on I824 from USCIS.

Purpose of Form: This form will be used to request a duplicate approval notice, to request approval notice to another U.S. Consulate; and to request notice to a U.S. Consulate for derivative visas to family members.
Number of Pages: 2
Edition Date: 07/09/04. 4/4/03 version will be accepted only through 9/30/04.
Where to File: This form should be filed with the USCIS Office that approved the original application or petition.
Filing Fee: $195

http://uscis.gov/graphics/formsfee/forms/i-824.htm

This sux big time. We seem to be so close but yet so far!!!
Click to expand...


I did read this form and it does mention that one of the reasons for filing this is to request USCIS to foward an approved case to NVC( may not be the exact wordings).

WHAT? Isnt this what the service center should do without being asked to?Isnt this a part of the normal procedure?

I say, these people should be sued and people like us should be given priority and granted GC immediately as a way of punishing such idiocy on their part.

They dont know our ******* lives so much depend on this. Or may be they know, thats why they dont care.

I am getting so much upset and frustrated at this. And there is nothing much for us to do even.My high profile attorney is seeming to be a joker now.Wants to adhere to the procedure and does not want to upset the USCIS.

:mad: :mad: :mad: :mad: :mad: :mad: :mad:
 
GCChaahiye said:
I did read this form and it does mention that one of the reasons for filing this is to request USCIS to foward an approved case to NVC( may not be the exact wordings).

WHAT? Isnt this what the service center should do without being asked to?Isnt this a part of the normal procedure?

I say, these people should be sued and people like us should be given priority and granted GC immediately as a way of punishing such idiocy on their part.

They dont know our ******* lives so much depend on this. Or may be they know, thats why they dont care.

I am getting so much upset and frustrated at this. And there is nothing much for us to do even.My high profile attorney is seeming to be a joker now.Wants to adhere to the procedure and does not want to upset the USCIS.

:mad: :mad: :mad: :mad: :mad: :mad: :mad:
Click to expand...

Country #ss rats, I tell you. This has been a very frustrating experience. Truly fed up of lining the pockets of Attorneys and USCIS. I am not even considering filing 824 since there is a waiting period for someone to even pick it up. In the meantime, I really have no idea what to do. Now, I really think 485 might have been a better option.
 
Yeah,I wish I too had gone for I-485.

But they change the rules and priorities so arbitrarily, that you never know.

When I had files I-140 in January 2004, CP was still faster. Thats why I went the CP route. From April 2004, they changes rules.

If I had filed 485 with my 140, I would have had the plastic card in hand by now.

I hope atleast EB2 does not retrogress.

:mad: :mad: :mad: :mad:
 
I had similar experience. My case was approved in April 2004, but case never reached NVC. Attorney sent letter to and AILA contacted USCIS, but no response.

Learning from this forum, I contacted offices of congressman and senator, both were very helpfull. Congressional liason office advised that the file should be re-constructed, which I did through senator's office in late December, 2004. By mid-January, 2005, a new approval notice was issued based on the re-constructed file. I am now waiting for the new notice to reach NVC.

I-824 would take too long. Try offices of congressman and senator. In my case, they were very polite and helpfull.
 
Something else I remembered - the USCIS may not entertain your querries when you call. Infact, they used to send me a mail whenever the legal asst. from my lawyer's office would call which said that "You are the beneficiary of this petition. Please have the petitioner call for status of this petition". Hence it might help if you have your HR person or any company representative on the line when you call. You can also try calling 1-800-357-2099 - which is the employer's customer service #. In short do all the things mentioned in the thread - one of them should click
 
Sandeep_N,

How did you get your case resolved? It appears that this problem is not uncommon.
 
Thanks to all for their inputs.

Since mine is a self-petitioned NIW case,there is no employer involved.

I just dont understand the point as to why USCIS or anyone else should get annoyed for some one inquiring about their case. Who loses when USCIS messes up? It is but natural for the affected party to get concerned,not only in immigration case, but in general as well.

It is not that we are inquiring about our case with NVC within one week that our I-140 was approved. It has been more than 100 days in my case which is an undue delay when others get their cases created in about 7-30 days ( on average as per cptracker).

If we sit quiet like this now hoping everyday that NVC will receive our case file from the service center and wake up after 6-8 months, probably the situation would have gotten out of control by then.

My attorney wants to still play the waiting game and does not want me to do anything. He got mad at me for having made a few calls without his express permission. Uggh!
 
topew said:
Sandeep_N,

How did you get your case resolved? It appears that this problem is not uncommon.
Click to expand...
The lawyer's office personel asked the operator to resend a copy to my office address - the same day the case was moved to the NVC. I do not know if it was a coincidence or whether her efforts paid off. The lawyers also mailed a couple of letters to the USCIS after about 4 months. FYI, she had tried on 3 occasions before - the reason I know is each time I would get a mail saying that someone tried to contact the USCIS and that only the petitioner should ask about the status. I would imagine that the problem is there as there is no way to track the case file after it leaves USCIS and before the NVC - kind of a no mans land
 
That is the more reason you should contact the offices of congressman and senator. By my experience, your attorney can not do much in getting the attention of USCIS. They do not seem to have direct contact except through AILA. Even then my attorney was going to charge me extra $2000 to re-construct the file.

It cost me only $20 to make copies of the file and submit it to the senator's office, who forwarded it to USCIS. The congressional liason do have direct contact.

My attorney was surprised when informed that a new approval notice was issued within a month. But he respected me more that I knew what I was doing.
 
Last edited by a moderator:
topew said:
That is the more reason you should contact the offices of congressman and senator. By my experience, your attorney can not do much in getting the attention of USCIS. They do not seem to have direct contact except through AILA. Even then my attorney was going to charge me extra $2000 to re-construct the file.

It cost me only $20 to make copies of the file and submit it to the senator's office, who forwarded it to USCIS. The congressional liason do have direct contact.

My attorney was suprised when informed that a new approval notice was issued within a month. But he respected me more that I knew what I was doing.
Click to expand...

Thanks for your input. What do you mean by copies of the file? Is it a copy of the approval notice? Can you outline what your letter to the senator contained? And how did you choose your senator since there are many senators for a state? Thanks in advance.
 
topew said:
That is the more reason you should contact the offices of congressman and senator. By my experience, your attorney can not do much in getting the attention of USCIS. They do not seem to have direct contact except through AILA. Even then my attorney was going to charge me extra $2000 to re-construct the file.

It cost me only $20 to make copies of the file and submit it to the senator's office, who forwarded it to USCIS. The congressional liason do have direct contact.

My attorney was suprised when informed that a new approval notice was issued within a month. But he respected me more that I knew what I was doing.
Click to expand...


Your attorney seems to be very good, mine is getting pissed off if I try to take the initiative.

I dont know whether to defy his relaxed stance and do something on my own without telling him or just agree with him and sit quiet and wait for things to happen on their own.

What a trouble!
 
GCChaahiye said:
Your attorney seems to be very good, mine is getting pissed off if I try to take the initiative.

I dont know whether to defy his relaxed stance and do something on my own without telling him or just agree with him and sit quiet and wait for things to happen on their own.

What a trouble!
Click to expand...

Most attorneys want total control of the situation and to prove that they know it all. It also helps them to charge you more.

I was in the same situation as yours, until I decided to take control of my own destiny on this matter. So far, it worked out fine.

If he is not very co-operative, you can contact Senator/Congressman without his knowledge.
 
tarantula said:
Thanks for your input. What do you mean by copies of the file? Is it a copy of the approval notice? Can you outline what your letter to the senator contained? And how did you choose your senator since there are many senators for a state? Thanks in advance.
Click to expand...

Tarantula,

My case is EB1 EA, which requires extensive documentation. I enclosed copies of the original I-140, the I-797 receipt, original approval notice, copy of form from NVC indicating that they have not received the file, and various supporting documents.

The fax/letter to Senator indicated when my case was filed, when it was approved, when it should have reached NVC (within 90 days). Half a page letter is sufficient. Offices of senators also have standard form that you have to fill authorising them to make inquiries on your behalf.

There are two senators per state and one congressman for your area. You can choose any of the three. AILA provides the list by states and you can locate for your state if you type your zip-code on AILA website.
 
You must log in or register to reply here.
Top