I-140 petition send to NVC after approval?

ginne

New Member
Hi,

My I-140 (with sub. labor cert) was approved on 7/16. I chose to have CP
when I filed I-140. The approval notice I got from my lawyer mentioned that
I need to file I-824 (see below) in order to have my petition sent to NVC.
Shouldn't it be sent to NVC automatically after the approval? I asked my
lawyer, she said I don't need to file I-824. I am confused that why it said so
in the approval notice. Will my I-140 get sent to NVC by USCIS without I-824?

Anyone with recent I140 approval have the same note in their approval
notice?

Thanks a lot,

--ginne


".....The above petition has been approved. The approved petition will be
stored in this office. If the person for whom you are petitioning is or becomes
eligible to apply for adjustment of status, he or she should contact the local
INS office to obtain Form I-485, Application for Permanent Residence. A copy
of this notice should be submitted with the application, with appropriate fee,
to this Service Center. Additional information about eligibility for adjustment
of status may be obtained from the local INS office serving the area where
he or she lives, or by calling .....

If the person for whom you are petitioning decides to apply for a visa outside
the United States based upon this petition, the petitioner should file Form
I-824, Application for Action on an Approved Application or Petition, with this
office to request that we send the petition to the Department of State
National Visa Center (NVC)......"
 
ginne said:
Hi,

My I-140 (with sub. labor cert) was approved on 7/16. I chose to have CP
when I filed I-140. The approval notice I got from my lawyer mentioned that
I need to file I-824 (see below) in order to have my petition sent to NVC.
Shouldn't it be sent to NVC automatically after the approval? I asked my
lawyer, she said I don't need to file I-824. I am confused that why it said so
in the approval notice. Will my I-140 get sent to NVC by USCIS without I-824?

Anyone with recent I140 approval have the same note in their approval
notice?

Thanks a lot,

--ginne


".....The above petition has been approved. The approved petition will be
stored in this office. If the person for whom you are petitioning is or becomes
eligible to apply for adjustment of status, he or she should contact the local
INS office to obtain Form I-485, Application for Permanent Residence. A copy
of this notice should be submitted with the application, with appropriate fee,
to this Service Center. Additional information about eligibility for adjustment
of status may be obtained from the local INS office serving the area where
he or she lives, or by calling .....

If the person for whom you are petitioning decides to apply for a visa outside
the United States based upon this petition, the petitioner should file Form
I-824, Application for Action on an Approved Application or Petition, with this
office to request that we send the petition to the Department of State
National Visa Center (NVC)......"

You are saying that you have opted for the cp in your I-140 petition. I am
assuming that you have a copy of the petition and can see that. If that is
the case then, this is a mistake on the part of the service center.

Ask your attorney to follow up with the service center so that, they send
the approval to the NVC.

Raju
 
Yes, I have opted for the CP in I-140 petition.
However, my attorney insisted that there's no mistake on their side nor the
service center. Is there anything I can do to verify something has gone
wrong or not?

Thanks,

--ginne
 
Something similar happened to me

We too had opted for CP, but somehow the USCIS screwed up and assumed that we opted for AOS, then thanks to this forum we managed to convince our lawyer and filed for a 1-824 - after 4 months of waiting (and million phonecalls + reminders to BCIS then), got the receipt in 2 weeks and applied for CP at Mumbai.
So chill out for now (of course after sending in a 'service error' notice to USCIS) and hope for the best.
GCM
 
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