INS (Vermont) screwed up. Please help!

J

jk8

Registered Users (C)
Hi

Please help!
My 140 was approved from Vermont on Oct 29, 2001. My lawyers found out yesterday, that my 140 petition was not sent to NVC "by mistake". They mentioned that it would take 6 weeks from now to send those papers to NVC.

Due to this screw up, my papers have been lying in Vermont for the past 10 weeks !!!!

Now, Is it possible to request INS to expedite this process by sending the papers either overnight or some other means and not through the regular process of six weeks - since it is their mistake.
Have u come acrsoss similar screw ups before? if yes, what would you recommend me doing in this case?
Please help.

Thanks
JK
 
Nothing new !!!!!

Mine got approved on Sep 12. Received by NVC on Dec 18. Almost 100 days. Same reason....file went to Storage in WV and no petition sent to NVC.
 
What was the "mistake"?

You need to find out what the "mistake" was.

1. If your I-140 was approved for AOS, INS will have to re-approve it for CP and send it to NVC. It may take 4-6 weeks.

2. If your I-140 was approved for CP, but wasn\'t sent to NVC, have your lawyer request INS to send it to NVC. It may also take 4-6 weeks.

You cannot do AC-140 unless
1. Your I-140 was approved for AOS
2. You filed for I-824 and have a receipt
3. Your consulate accepts AC-140.

If you file for I-824 (assuming your I-140 was approved for AOS), it will take you 4-6 weeks to get the I-824 receipt. Check to see if NVC’s new procedures apply to your consulate. (New procedures require you to send all docs to NVC.) If that is the case, you may be better off getting INS to send I-140 approval to NVC.
 
jk8, I am in same boat

My I-140 was approved on 07/2000. Case was not transferred to NVC.
They told me to file I-824. I did so and it was approved on 07/2001.
But still case is not transferred to NVC.

I have filed for AC-140 @ mumbai on 12/01.
I hope they will accept AC-I140.

Best of luck.
 
any suggestions

My I140 was approved for CP. But the INS said that it went to the storage instead of NVC by mistake.

any suggestions on how to expedite this transfer to NVC. Can\'t wait for 6-8 more weeks? if the lawyers ask INS to send it by courier or someting like that since it was INS mistake. will it work?

But I have heard from some of the folks in this post that it takes only 10 days from vermont to NVC. is this true?

Thanks
JK
 
Check with your law firm.

The estimates provided by INS / NVC tend to be on their safe side. Actual processing time may be much less. Some law firms are able to work with INS at a different level, and can get INS to expedite corrections. Please check with your lawyer to see if they can get it expedited. Otherwise, you may just have to wait till INS gets it to NVC.

As an aside, this case seems rather peculiar. A copy of I-140 approval always goes into storage, regardless of applicant’s choice (AOS or CP). Another copy (a set) is sent to the attorney on file. Third copy goes to either NVC or INS’ AOS section. Per your post, either the third copy was never generated (unlikely), or it was sent to INS’ AOS section. You may want to double check with your attorney and confirm that your I-140 was indeed approved for CP and that the approval didn’t go to AOS section by mistake.

In my case, INS approved it for AOS and sent it to the AOS section. It took INS four weeks to correct it (re-approve the I-140 for CP) and send it to NVC.
 
Hi GcDrone, please help

Hi Gcdrone,

please help.

INS Nebraska screwed up my case. My I-140 was originally approved on Aug\'29th for AOS even though i applied for CP. My attorney requested for correction on Sep\'21st. They reapproved on Nov\'30th for CP. I-140 stage took almost 6 months. My case has not yet been tranfered to NVC. Some of the cases approved by Nebraska in mid December were already in NVC by Jan 4th.

Can you pl clarify,

1. By any chance my case was in the storage and they forgot to transfer.
2. How can i expedite to speed up the process.
3. Since i have both approvals can i file I-485 by ignoring CP option because new CP process is going to be long.
4.If i file I-485 how can they get back the physical file from NVC. Is it going cause further delay in I-485 processing.

I will greately appreciate your inputs.

Thanks in advance
 
The period they quote is standard but the actual process is much faster

Check the pattern from cptracker.com.
 
cp/madras:

1. By any chance my case was in the storage and they forgot to transfer.

It has been just over a month since your I-140 was re-approved for CP. INS estimates six to eight weeks for sending the case to NVC. It is too early to conclude that something is amiss. Also, NVC requires you to wait for 90 days before they start tracing the case transfer.

2. How can i expedite to speed up the process.

Some people have reported success in getting NVC to track the case before 90 days. Have your lawyer contact them and see what options are available to you. They may need a copy of your re-approved I-140.
 
3. Since i have both approvals can i file I-485 by ignoring CP option because new CP process is going to be long.

You do not have two approvals. When INS re-approved your I-140 for CP, the old approval was superseded. Nevertheless, you can apply for Adjustment of Status by simply filing I-485. (Switching from CP to AOS is a painless procedure.)

If i file I-485 how can they get back the physical file from NVC. Is it going cause further delay in I-485 processing.

Well, we do not know if the file has reached NVC yet. It may take you 2-3 weeks to prepare for filing I-485. You can check with NVC periodically while you prepare for I-485 filing. If they get the case, you will have a choice of letting NVC generate “Packet 3”, or filing I-485.

On Delays: Adjustment of Status application is usually accompanied by applications for employment authorization (EAD) and advance parole (AP). These are independent applications. The case exchange between INS and NVC will not affect the processing time for EAD and AP. Nor will it delay the start of your “six months” clock (which is based on RD of your I-485). So, while the adjudication of your AOS application may see some delay, other benefits (EAD / AP / six months) will not be impacted.
 
called up NVC and...

Hi

I called up NVC and
asked them if there is any way to expeidte the process. As per GCDrone\'s suggestion, I asked them if the lawyers mail them the copy of my OCt 29, 2001 approved I-140, will it be ok? and she said that
its not acceptable, because they need the red stamped I-140 approval from INS. But she asked if INS has some other way of expediting retreiving the papers from storage so that they receive the I-140, then they can do something about it.

2 Questions:
-------------
(1) any suggestions on how INS can get the I-140 approved papers quickely from their storage facitly to NVC? Please help!

(2) She also mentioned that NVC needs 6-8 weeks to create a case number. I forgot to ask her....
My question to you is whether 6-8 weeks is from the day they receive the I-140 papers or whether it is from the date of approval (Oct 29, 2001).

Please help!

Thanks
JK
 
JK:

Apologies if my response confused you. NVC will not accept your copy of the I-140 approval. They need an official case transfer from INS. NVC will help you track your case only when INS has confirmed that they have sent it to NVC, and that too after 90 days. (I mentioned that some people were able to work around the 90 days timeframe, after getting a confirmation from INS that the case was sent to NVC.)

If INS cannot confirm that they have sent it to NVC, you have to work with INS to track the case.

As for NVC’s timeline, 6-8 weeks is the general estimate provided by NVC. The actual times are much less. Duration is based on the date when NVC received I-140 approval from INS, not when INS approved it. In my case, NVC created Packet 3 within two weeks of receiving the approval from INS.
 
JK8- Refer my post earlier about INS-Vermont screw up!

Note that you cannot do AC-I140 because the approval indicates AOS and not CP. You will have to file 864 (?? I think) with INS to do file AC-I140, but you\'ve asked for CP in the first place anyway, so 864 does not arise. Be patient and it will be corrected. Good luck!

Click on link for my earlier post on this subject:

AA Kumar "I-140: CP - AOS Confusion" 12/19/01 8:16pm
 
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