I have a problem.....

H

harman

Registered Users (C)
140 approved. csc sending my file to consulate in india. my lawyer says they did a mistake. never asked for consular processing. i want to adjust status here. need help guys. u have been very helpful so far.
good luck to u all.
 
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no problem...
i think in a way you\'re lucky. just go ahead and file i-485. nothing stops you from doing that. you can have both going in parallel.
 
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I doubt if u you can have both in parallel. Please check FAQ on www.usvisanews.com, I remember reading something there which does not allow one to have both running in parallel...Good Luck
 
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Note from Rajiv:
INS has indicated that it will consider an I-485 to have been abandoned if an I-824 requesting Consular Processing is received by them. This is bad news. So far we have been processing consular processing cases hoping that I-485 will continue to be active.
 
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No, you cannot have both AOS and CP simulaneously. As for the
consular processing indicated in I-140, don\'t worry about it.
Just file your AOS and CSC will take care of the file transfer.

ciba
 
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Thanks Ciba, hardworker, helper and greencraze. Whatever the case be, i got a +ve response and feel great that somebody out there is willing to put in some effort and make u feel better.
 
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Harman,
I called the NVC 01/01 when I rec\'d my pkt 3 & ask them to hold my I-140 re: AOS. They told me to request this in writing, which I did. I checked back with them & they told me CSC had requested my file & it was sent back to CSC in Feb. Got FP notice for 3/15 & waiting Approval. good luck
 
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Thanks for that information Mick, I\'ll get my lawyer to take care of it. So basically, once I apply for AOS here, CSC should get the file back from NVC.
 
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That\'s right. But NVC advised me to send them a brief letter requesting this, or else they would send it to MTL cosulate.
 Good luck
 
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ciba, mick and others:
i\'m a little confused after reading ciba and mick\'s responses. can you pl. tell me how exactly it works in this situation?

After filing i-485, does CSC take care of getting the file back from NVC? if so, do they also ask nvc to stop working on the case? or do we need to inform nvc of that? what if we don\'t?

does all this mean that case could take longer than straight AOS?

thanks

ps:
thanks ciba, for clarifying that we can\'t have aos and cp simultaneously.
 
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Read my previous reponse! My case was approved 4/22/01 so there was no time lost. Call NVC to see if your file is there, if it is, send them a letter asking them to hold it foe AOS. If it has already gone to Consulate, I\'m not sure.
Good Luck
 
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greencraze,

Mick filed his case on his own, but I think you can send the
letter yourself asking NVC to hold onto your case for AOS,
as suggested by mick.

ciba
 
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No Problem. On my I-140, my lawyer had purposly selected CP even though we wanted to file AOS. She explained it like this:

Your H1 is running out. So there is a chance you may have to leave US before you get your approval. In such instance, You\'ll need to file via CP. If we file your I-140 and select CP, you can change it to AOS after approval. But if you file I-140 and select AOS, you can NOT do CP. She said that she files all her client\'s 1-140s via CP and then once approved, she changes it to AOS if needs be. It sounded like a rutine thing for here.

It worked for me. Once my I-140 got approved, she filed my I-485 via AOS and I did not have to leave US. I got my I-485 approval two weeks ago. I\'ll go to INS Next week for passport stamping. Hope this info helps.

--Username
 
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