Got CP forms from National Visa Center, NH while I485 was pending in VSC

Sesha Panguluri

Registered Users (C)
Hi
    Initially I applied I485 with EB3 I140 and later we substituted the old EB3 I140 with new EB2 I140.
And I confirmed the same with the INS also. Last week I got the papers for Consulate processing from
National Visa Center, NH.
Can anybody explain why National Visa Center sent the CP papers with out me opting for CP in my I140.

Thanks.
Sesha.
 
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Hi Sesha,

I am also in the same situation. My EB-2 I40 was approved for CP even though we did not opt for it.
My attorney sent a letter alongwith a copy of the new 140 quoting the case# etc.. and asking them to
amend my earlier 485 appl. After a month or so I got my pkt-3 from NVC.

Can you answer the following?

1. Did you get your old priority date (eb-3\'s) on the new eb-2 140 approval?

2. How did you amend your eb-3 485 to eb-2?

3. How did you confirm that INS has amended your Eb-3 485 application to an EB-2 spplication? Did you
talk to them?

Thanks,

rajlak
 
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Questions for Sesha & Rajlak.

Sesha, was your new I-140 approved for CP or for AOS (regular)? If it was approved (by mistake) for CP, then only this makes sense. Did it retain your original PD? It seems Rajlak got an EB-2 I-140 approved for CP.

Sesha & Rajlak, can you both post your ND/RD/PD and EAC#?

I am in a similar situation, ND 9/99, RD 8/99, PD 01/98, EAC-99-257-5xxxx.

Thanks,
Sprint
 
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Hi Sprint,

My RD/ND is 09/99, PD (EB-3) 11/97 (my eb-2 i-140 came up with wrong PD 04/99).
 EAC 99-252-******.

Thanks,
rajlak
 
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Hi Rajlak,

Thanks for your reply. When did you apply for the I-140 substitution (or the approval date for the new I-140)? How did the attorney apply for the substitution?

Now that they have sent it for CP, what are you doing? Are you already in the CP process or is your attorney trying to get the case back on the right track (because your dates are so close to being adjudicated through the regular AOS process)?

Thanks,
Sprint
 
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Are you telling us that the NVC sent you the papers or is it just your form I-797 - the approval notice? My approval notice read "The above petition been approved. We have sent it to the Department of State National Visa Center. NVC processes all approved immigrant visa that need consular action. It also determines which consular post is the appropriate ................"

After talking to people, I submitted my I-140 at the VSC. I has been nine months and I have just received my FP request. I wonder if all I-140 approval notice reads the same way.
 
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Correction, the last paragraph is I-485 not I-140

Are you telling us that the NVC sent you the papers or is it just your form I-797 - the approval notice? My approval notice read "The above petition been approved. We have sent it to the Department of State National Visa Center. NVC processes all approved immigrant visa that need consular action. It also determines which consular post is the appropriate ................"
After talking to people, I submitted my I-485 at the VSC. I has been nine months and I have just received my FP request. I wonder if all I-140 approval notice reads the same way.
 
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Even in my case, I-485 applied with EB3 I -140 approval, later I got my Eb2 I -140 approval. My attorney sent ammendment(sent on Dec 99) to replace my application with eb2-140. I got my FP in June 00.

Recently I called IIO to find out, is they are considering my case under EB2, she mentioned she can not give that information to me as it belongs to company and advised to follow up with my attorney.

My attorney says, she spoke to IIO and everything is fine when my turn comes (ND : Sept 99) if they need any additional info they will ask us.

Could any one please tell me how to get confirmation about ammendment is approved or not.
 
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Even in my case, I-485 applied with EB3 I -140 approval, later I got my Eb2 I -140 approval. My attorney sent
   ammendment(sent on Dec 99) to replace my application with eb2-140. I got my FP in June 00.

   Recently I called IIO to find out, is they are considering my case under EB2, she mentioned she can not give that
   information to me as it belongs to company and advised to follow up with my attorney.

   My attorney says, she spoke to IIO and everything is fine when my turn comes (ND : Sept 99) if they need any
   additional info they will ask us.

   Could any one please tell me how to get confirmation about ammendment is approved or not.
 
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Hi rajlak
      I could retain the old priority date and I confirmed the EB2 switching with the IIO.
I asked the IIO about my catagory? She asked how come I am not aware of which
catagory I applied?
I told about the request we sent to replace the old EB3 I140 with new EB2 I140,
then She confirmed My case was switched to EB2.

Sesha.
 
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Hi Sprint
     I could retain my original PD, this I could see on the papers I got from NVC.
But I don\'t know my I140 was approved for CP or AOS. As per my company immigration
person it was approved for AOS.

My details:
PD: 06/02/98
RD: 08/04/99
ND: 08/23/99
FP: 07/26/00

Thanks,
Sesha.
 
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Hi Sprint,

My attorney applied (just a letter quoting case# alongwith the new I-140) for substitution immediately after getting the new I-140.
 I got the pkt-3 1-1/2 months later and then I called the IIO at NVC after that to check. IIO told me that there was no amendment entered in my case as on that date. Also my PD (EB-3) is not current as of today, so I decided to send Pkt-3 for CP and see what happens.

Thanks,

rajlak
 
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Hi rajlak
    Why don\'t you call VSC and ask for the catagory in which the your I485 is currently in.

Sesha.
 
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Hi Sesha,

Are you working on EAD or still working on H1? I mean do you still have a valid H1 or it expired?
 
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so you just ignored the statement on youy I140 approval notice?
Is that safe?
 
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