I-140 approval not received by NVC

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sara2006

Registered Users (C)
My I-140 was approved on June 7th, 2007 but till date, NVC has not received my approval and hence, I don't have a NVC case no yet.

I checked www.cptracker.com and found that NVC has received the approval mostly within 30 days (only a handful was received around 90 days). It has been more than 110 days for me and I don't know what to do. My lawyer office told me that it would take around 6 weeks and then 3 months but they aren't calling USCIS to check as to what happened to my approval. If I call USCIS, they wouldn't tell me the details.

Has anyone waited for so long?
 
case not reached NVC for 5 months

Hello sara,

I am in a similar situation. My EB2 category I140 is approved on April 30, 2007. The file hasn't reached NVC yet. It is almost 5 months now. Any info here will be highly apprecaited.
 
Call NVC/USCIS

ndkhatri said:
Hello sara,

I am in a similar situation. My EB2 category I140 is approved on April 30, 2007. The file hasn't reached NVC yet. It is almost 5 months now. Any info here will be highly apprecaited.
Click to expand...


There are few things that you guys can try:

1. Confirm from your approved I140 that your case is being forwarded to NVC (thereby it confirms that you are indeed in CP queue).
2. Call NVC by phone and enter your LIN number and get the status.
3. Call NVC and talk to an operator explaining that NVC case has not been created despite case approved a while back.
4, If case has not reached NVC, call USCIS and explain them the fact.

Good luck!
 
I have checked with the operator in NVC, but he couldn't find my case with the LIN no. He said that it usually takes 3-6 weeks but at times, it could be more than that as well. He suggested that I check with USCIS on the status.

Then, I called USCIS but they wouldn't give me any details except that my I-140 is approved. He said that my employer or lawyer alone can call to get more information. Now, I am fighting with my employer and lawyer to call USCIS but so far haven't succeeded in it.
 
Has anyone encountered a situation where the I-140 approval never reached NVC? If so, please let us know what you did to resolve the issue.
 
Last edited by a moderator:
willwin said:
There are few things that you guys can try:

1. Confirm from your approved I140 that your case is being forwarded to NVC (thereby it confirms that you are indeed in CP queue).
2. Call NVC by phone and enter your LIN number and get the status.
3. Call NVC and talk to an operator explaining that NVC case has not been created despite case approved a while back.
4, If case has not reached NVC, call USCIS and explain them the fact.

Good luck!
Click to expand...

My lawyer called NVC, the operator told her that they haven't received the file from USCIS. The lawyer was set to send the copy of approval notice a covering letter to NVC, don't know if she did that. I shall ask her to contact USCIS in next couple of days.

BTW, I have a LUD on 8/5/2007 with NO status change. That was Sunday!!!
 
Received a note from lawyer today, informing that USCIS has replied her that they have 30 days after October 1, 2007 to forward the case to NVC.
 
Hi ndkhatri,

So, USCIS is the one that is holding your case? Does your lawyer know why USCIS is taking so long to send the case to NVC in spite of your I-140 being approved on April 30th, 2007?
 
Hello sara,

Yes, my case is still with USCIS, They won't tell why. But from the operator reply (i.e. "they have 30 days after Oct 1") it appears that they allocated my case to new year visa numbers.

So, countdown has already begun!!
 
Sara, any update on your case? My file still not transfered to NVC, the 30 days USCIS mentioned perviously have already passed.
 
I have asked my lawyer office to contact USCIS and get the status but nothing has happened till now.
 
Hi ndkhatri,

After repeatedly asking my lawyer office to check on the status, finally they reviewed my file and found that they have made a simple blunder that has messed-up my situation.

They had filed for "Adj of Status" instead of "Consular Processing" in the I-140 application, which in all likehood has screwed-up my case.. Now, they are filing a I-824 (to correct the error in I-140) , which could take up to a year for approval
 
I - 824

sara2006 said:
Hi ndkhatri,

After repeatedly asking my lawyer office to check on the status, finally they reviewed my file and found that they have made a simple blunder that has messed-up my situation.

They had filed for "Adj of Status" instead of "Consular Processing" in the I-140 application, which in all likehood has screwed-up my case.. Now, they are filing a I-824 (to correct the error in I-140) , which could take up to a year for approval
Click to expand...

I had also similar problem and I /824 clear in less than two month, so don't worry and hope that your I-824 will clear in two month.

Good luck
 
While my lawyer has initiated an TSC Liaison inquiry, he has also advised me to contact US consulate in Islamabad to find out if they can directly process immigration visa based on approved I140.

I need expert advice on this from forums members. Is it possible to get immigration visa processed from local consulate without ever going through NVC?

Please note, my EB2 I140 is approved on April 30. USCIS hasn't sent the approval notice to NVC till date but they insist they have sent it the day petition was approved. NVC insists they haven't received anything from USCIS.

Awaiting a advice / opinion.

Cheers
 
Just to update the forum, USCIS has finally admitted that they have failed, on two occasions, to split the alian file and send a notice to NVC. They finally sent the case to NVC on Dec 26, (252 days after the I140 approval). NVC eneterd the case in their system on Jan 07, 2008.

My lawyer is trying to convince NVC for expedite processing on case to make up for the time lost due to USCIS mistake. I, personally, don't think they will do it. Opinions from group memebers, who may gone through similar situation, are welcome.

Regards
 
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