I-140 Approved for CP but filed for AOS...

R

rpt2k

Registered Users (C)
After reading some discussions on this board, I called my lawyer about this issue, as I am also in the same boat. He told me following..

"This is very common. There is nothing to worry about. When you file for AOS, within few weeks the INS contacts NVC or the consulate to get the I-140. The NVC or the consulate will send the I-140 to INS. This process takes 2-3 months. But as there is processing backlog of 9-12 months at NSC, this transfer time for I-140 does not matter. So when its time to look at your file they have the I-140 already. We have always by default filed all the I-140s for CP and then filed for AOS. We never ever had any problem."

I will have to say that my lawyer is not just saying to make me feel good as he was always thorough , timely and honest about things. Granted this seems like a rosy picture and I am curious as to find out what the real problem is?
 
My experience is very different, INS doesn\'t request I-140 till the end

I-140 is requested by IIO when the I-485 case gets to them as per the queue. Add 6 months easily to the regaular I-485 processing time for your case unless your lawyer can pull some something special here.
Good Luck.

I am still waiting:
RD Aug 2000
 
My I140 approved for CP......and..

the I140 was sent to Consulate during June2000. I filed
AOS/I485. RD 12/19/2000. Where is my approval?
1 Year and 3 Months now. NSC is officially approvoing May\'01.
Right?
Hey, your attorney may be good and honest. It doesn\'t mean
he can not be ignorant!?

You will see for yourself!>
Thx
 
No Title

rpt2k, are you from Denver, CO? My lawyer said the same, exactly. Maybe we hire the same law firm?
 
Nope, I don\'t work for any company in Denver Colorado...

But I still think that we are in a same boat.
 
Well....I guess I just have to wait and see....

Anyway, how are you guys checking the status of your I-140 file at NVC? Did you call them and enquire about it?

I am hoping that my lawyer is not ignorant!!!
 
No Title

I just think we are all screwed by our lawyers. They don\'t care how much longer we have to wait becaues this is not their pain. Filing for CP I-140 gives them the most flexibility, not us.
 
No Title

Call the NVC. The number is on your I-140 notice. I couldn\'t get the line during daytime. I called off hours but it seemed that the automatic machine did not have my record. Not sure why. Hoping that it was because my file was returned to the INS, not forwared to the consulate. But I think I could not be that lucky. So far nothing good happens yet.
 
The NVC AVM says that they have forwarded packet 3 to the...

lawyer on the record. Which has instructions for further processing. Did your lawyer get the packet 3? I will have to check with my lawyer. Please post your info here.
 
No Title

I did nothing about the Pack3 and called the NVC again this morning and finally talked to an Info Officer. He said that my files were still in the NVC. I asked him to hold or return. He said he could not return unless notified by the INS. He let me write a letter to the NVC to request for hold, and I did it this morning.

It proves again that what your and my lawyers say is nonsense. The lawyers say "Once I-485 is filed the INS will request the I-140 files from NVC". That is a lie, at least lack of knowledge. I have filed my I-485 for over 5 months and the NSC has never contacted the NVC.

It also shows that other people are correct. The INS will not look for your I-140 until they need it, which will be close to a year after filing. And this is a big reason for delay.
 
Thanks for the info. I will try to call NVC during the day time and see what they have in store for

 
 
I am in the same boat

hi brothers-in-arms
Looking at your cases,I called up NVC and found out that my I-140 was approved for CP too.
I am so bummed out I cannot tell you
my RD is Sep 2001.I have *NOT* recd any "PacketX" from anywhere
Can you tell me what I can do to expedite my case??
ANY REPLIES APPRECIATED

Thanks

p.s. Is there a way to complain abt lawyers to AILA??
 
For GreenBerg

hi ..
when u called NVC and spoke to an officer,what did they tell u exactly..
Thanks for ur help
 
No Title

Since my I140 was still in the NVC at the time I called, the officer was kind enough to let me write a letter to the NVC so that they can mark my files for AOS and not send them to the Consulate. My understanding is that it will still slow dowm my approval compared to AOS-approved I140, but since my file will remain in NVC (hopefully!!!) it would be much better than being forwarded to a foreign consulate. Less procedures less waste of time. You know how the INS and NVC and consulates work!!!
 
U know..most lawyers are HORRIBLE

My lawyer said the same thing..which is total BS.
And now,in retrospect,I shd have applied for the entire process myself..as becoz of this mess up by my lawyer,r case,which as it is will be delayed by NSC\'s abs. ineffeciency ,and now coupled with unnecessary mess-ups by incompetent and negligent lawyers,has worsened..
and we are all law-abiding tax - paying,contributing residents.
ANd to think of tons of people who simply gained citizenship by jumping off a boat,and tons of other means..which is fine..but why trouble EB categories..
 
Just like everything else with INS, it\'s hard to say anything definite and things don\'t always go

What your attorney told you is correct, if things work as they are supposed to. Unfortunately, often they do not. I\'ve seen cases where the I-140 was filled out for AOS and INS transferred the case to NVC anyway. There are plenty of screwups to go around.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
Thank you Mr. Mills for your input. One question for you?

How do I find out where my I-140 is currently sitting? Is there anything I / My Lawyer can do to stop any possible screw ups? Your input is greatly appreciated.
 
Hi rptk - no dude ..u can not do anything

hi
I called the NVC # ,and found out my I-140 is with American COnsulate at Mumbai,india
I then called the Consulate in india,and they have no option to speak to someone regarding visas,with the spceific query I have..so
I sent them a mail - but ofcourse- I shall not get a reply..
so now..and my wonderful lawyer says all we can do is wait
And we are EB1 category..with no job changes,no complications whatsoever..and both my husband and I work for big,reputed companies
I wish I cd do something abt this ,and unfortunately I can\'t ,coz I am a measly visa holder..
so ...there..but if things were to change,I shall do something ab this..for sure
 
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