INS made mistake on my I-140 approval

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Octa Viva

Registered Users (C)
hello,

Things never work out smooth in case of INS :( I had applied for I-140 with the option of going for CP. But, today I received notice of approval from INS saying I can go ahead with AOS!!

My lawyer is looking into contacting INS to rectify the mistake so that I dont' have to file I-824 form and I can save time and can apply for AC140 for CP immediately.

Has this happened with any of you? Does the INS correct the mistake promptly? Any experiences?
 
if your consulate accepts AC140,

Don't worry about it too much. It may be a blessing in disguise as AC140 cases bypass NVC, you save atleast 2-3 months. You will have to pay the filing fees for I824; there are some recent posts on the forum where people have filed AC140 without a I824 receipt and have gotten their interviews and GCs. Talking to INS is unpredictable-sometimes it works, other times it may delay everything. If you have a copy of your I140 appln, you may send it as proof of your original intent to your consulate-that should act in your favor. Discuss with your attorney.:)
 
Heard of before

Yes, I heard that this kind of mistakes happened before. Fortunately, you can actually save time by AC-140 :)
 
INS mistake

my I-140 was approved on March 12, 2003.
my lawyer received the notice indicating that I can proceed with AOS, on March 18, 2003. since at every opportunity, i had been telling my lawyer I want to take the CP option, he took the initiative to promptly call INS to have them correct their mistake. (my lawyer doesn't really do things promptly so I was pleasantly surprised. :)).

anyways, INS issued a new approval notice on April 2, 2003. and the rest of the story can be tracked at cptracker.com (fee bill receipt May 1). if you check the dates there, it seems that the process is moving pretty quickly. but there's no guarantee that it will stay as it is.

good luck!

-myra
 
Good to hear that INS did promptly correct the I-140. Today, my lawyer is suppose to call up INS and let them know of their mistake and I am hopeful too.

We are planning to apply for AC140 with the current I-140 and indicating in the application that INS made a mistake and that in my I140 application I had asked for CP and hence accept our AC140 petition. Just wondering, it this a wise thing to do?

Has anybody applied for AC140 with a I140 talking about AOS (by INS mistake) and didn't wait for the correction before applying to the consulate?

Thank you to you all for the replies!
 
Same thing happened with me. My I-140 got approved on 05/16/2003 and my attorney got the approval which says that we can go with AOS. Can someone tell me the following:

1. I tried to reach IIO on 05/31/2003 but they would not talk to me being a beneficiary. Is there any other way that I can pursue the case.

2 .Is the number to call VSC still active ( In one of the threads I have seen that they will discontinue the number effective 1st june). My attorney says that he will send them a letter. I beleive that the letter will take for ever to get the approval notice changed.

3. I have applied in EB3 category. I wonder if I can legally go for AC140 . My attorney says I cannot go for AC140 .

4. MYRA12 is your status showing new date on BCIS site or is it still showing the old I-140 approval date?
 
Hello,

My lawyer talked to INS on May 8th and INS said that they will send the new/updated I140 indicating option for CP, but haven't heard from INS so far (June 3rd)!

My lawyer told me that let's try for AC140 with existing I140 and let's explain the situation to Mumbai consulate (in my case)... and hopefully things will work out. I am taking a bit of risk that Mumbai consulate will reject the application for AC140, but it hardly matters. Even if it is not accepted, regular CP should instanciate anyways when INS issues corrected I-140 notice...
 
for nyattorney

My lawyer called INS on March 18 for them to correct my approval notice. He said that if we don't hear from them 2 weeks from that date, he would have to call them again. When I checked my online status on April 2, the date of the approval notice changed to that date from March 12. That's when I knew that a new approval notice was sent out. But my lawyer didn't actually get the notice until about April 22.

Have your lawyer call INS. If you don't hear within a reasonable amount of time, ask her/him to call them again.

-myra
 
My attorney called and talked to VSC last month on the 27th may . They told this that they will check with the paper work and reissue the new notice in two weeks . It has been more than three weeks, have not heard from them and now there is no phone number to contact them.
I wonder Octa viva has got the new approval yet? Also my attorney says that we cannot go for ACI-140 . Has anyone applied for CP and got approval for I-140 AOS and then gone to AC140 ? I am thinking of chaning my attorney if this is possible.

Also is AC140 applicable for EB2 category only ?
 
nyattorney,
I haven't got my corrected I-140 yet. My attorney contacted for the first time in the first week of May, then again in first week of June.... nothing so far.

However, my attorney has applied for my AC-140 anyway... explaining the consulate about the error and that INS has promised to reissue the corrected version. This was 1st week of June.

So haven't heard back from consulate either about acceptance/ interview anything. Nothing from INS either about I-140. Maybe I should kick my attorney again! ;-)
 
Thanks Octaviva for a quick reply. Can you tell me what number does your attorney dial to contact Service center.
Also do you or any one else know if EB3 category can go in for AC140 . I would like to push my attorney towards that as I am having not response from VSC and my attorney is not willing to contact VSC again.
 
As far as I know, anybody can apply for ACI-440. You just need to convince the consulate that you need to do it fast (come up with some reason) and hope that they accept it. That's what I am doing. Even if things don't work out, I will end up going thru the slower route via NVC.

My attorney as well as my company is very helpful, so I am kindof depending on them to make a good decision for me. They are doing all they can. I don't know what number my attorney calls. I dont' really ask him the details.

Wish us all luck :-)
 
Hi Octa Viva,
Can you send me your attorney's phone number. I am thinking of changing my attorney . Also is there any news for your AC140 petition to consulate.

Thanks
 
Guys,

Thought will share the news with you. My I-140 was approved with an error to go for Adjustment of status - this was last week of April. My lawyer kept following up with INS on their error to correct the I-140 to allow for CP. INS finally issued it and I received it today! 2 months later. Also, I didn't see the change on the online status until today!

Anyways, the good news is it's finally through... Hopefully, this will help my AC-140 case, which I have already applied to Mumbai consulate and am waiting for hear from for almost a month now...
 
Congratulations OctaViva . That is a good news. Well it is surprising that the online status is still the same .

Is it that when you say you received it , it means your Lawer has received it ?

Also have they sent the notification to NVC too , I mean did the NVC status say something that they received your application ?

Thanks again for sharing the news. Also let me know as soon as you get the news from Mumbai consulate and good luck with that.
 
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