Got reply email from consulate

jojo1969

Registered Users (C)
My I-140 Is CP and I-485 for AOS, I believe that NVC has send my file to china on Dec 2001, Last week I send Email to China Consulate, Today I Got reply,They say only INS can require my File back to United states. and If no action taken on my immigrant visa application, it will be terminated on Dec 2003,

anyone has same experence(about terminat time)?

thank
 
Did you filed 485 for AOS ?

If you already filed 485 for AOS then what is your RD and ND?
did you got EAD and/or fingurprint dates ??
 
Thanks

Jojo, Did you got your EAD or FP Dates ?? I am in the same boat but got FP date and EAD cards. Do I assume that my packet is with VSC now?
your openion is appriciated.
 
Same thing happened to me....

I called VSC and they told me to fill out form I-824 to bring the file back to US....
I filled it out and now the application will not get delayed due to file being in the
consulate.....
I got a notice from INS saying that the file has been moved back......
 
No Title

Is it another way for INS to earn money? Why should we have to file
824? Is not INS supposed to request the file back?????????
 
Question to "fresh"....

I believe that I-824 is for applying for CP if your I-140 was approved for AOS.
Can you give more details about this ?
 
question to jojo1969

Could you tell me how to contact consulate in China? Phone number or email address?
Thanks in advance.
 
I-824

This form is for moving the file from US to the consulate and vice-versa(as told to me by IIO)....
INS will request your file back only when they open your file and it may further delay your
process by a few months.....I submitted I-824 to get the file out of the consulate ASAP as I
was not dealing with them........

To be honest, I don\'t understand this stupid game of transferring files etc...as everything is
electronic and INS keeps records of everything.....maybe INS tries to buy more time for
their crappy management procedures.......
 
fresh

1.What is you RD & ND?
2.I call VSC, They say I can\'t do anything right now, When my file start open, they will requet china consulate send back file to USA.And my lawyer also didn\'t tell me anything about I-824, he said he already wrote letter to china consulate.Now just wait.
 
Thanks "fresh" for your reply.

But I am getting confused more and more as I hear so many things about going for AOS after I-140 approved for CP.
There is no consistency in lawyer\'s answers and NVC\'s answers.
The bottom line is: INS has to initiate the request the file back from consulate. NVC will not request it but they will only send it to consulate.
And everyone (in the same boat) has different experiences with this.
 
form I-824

Hi Fresh

How are you doing? I checked the form I-184 and they have three options to check in the form. Please let me know which one you selected.
1. I am applying for a dulpicate approval notice
2. I am requesting that a new US consulate be notified of the previous approval of a petition. Please notify consulate at -----
3. I am requesting a U.S. consulate be notified that my status has been adj. to perm. resident. Please notify consulate at ----

Please let me know, I am in the same boat and I am sure your answer may help me.

Thanks.
 
Here is what I selected:

Hi Fresh
    1. I am applying for a dulpicate approval notice
    2. I am requesting that a new US consulate be notified of the previous approval of a petition. Please notify consulate at -----
    3. I am requesting a U.S. consulate be notified that my status has been adj. to perm. resident. Please notify consulate at ----

I selected option 2 and filled out the blank by saying: Please notify consulate at New Delhi to move the file back to INS-VSC.
And I also had a covering letter with sub: request to move file back from New Delhi to INS-VSC & $110 check also....
I also had copy of approved 140 attached with it....and I mailed a carbon copy to New Delhi also as FYI(not required though).....
Hope this helps......
 
My lawyer\'s advice

I believe if you file I 824 it immediately voids your EAD and AP. Don\'t want to scare any one but this is what I was told. In fact, I talked to my lawyer about filing I824 yesterday, after I saw the posting on this forum indicating that I824 can be filed for requesting the I140 papers to be moved back from the consulate to INS.

Regards
 
I think you are scaring people

I-824 is an "APPLICATION FOR ACTION ON AN APPROVED PETITION"
I am guessing that just by sending an I-824 does not cause your AP/EAD
to be revoked. An "ACTION" has to be mentioned. In case of an I-797 (H1-B) I had filed an I-824 with the "ACTION" as "send H1 approval to
Chennai Consulate". This was two years ago.

However there are only three "ACTIONS" one could do and none of them
faintly resembles getting back one\'s file from the INS
 
You are probably right

As I had mentioned in my email, I was only echoing back what the lawyer had stated. If there is no way to indicate a request to get the file back, I don\'t know if they would read it carefully and decide what action to take.

Again, as I mentioned, I have no intention of scaring anyone. My apologies if it did.
 
Question to fresh.

When di dyou send the I-824?
Did you get an approval to I-824 yet? (not a receipt)?
An approval will tell if this worked. Why would you request
INS to do "its" job,( and pay INS 120 dollars!) is what beats me!!!!!
 
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