October 2001 I-485 cases with CP I-140?

G

gcdayday

Registered Users (C)
Anyone with October 2001 RD that filed for AOS but the I-140 was approved for CP?

I would like to know if your case was approved. My I-140 was approved by the INS for CP by mistake, it was filed for AOS. My attorney is telling me that it is OK to file for AOS with CP I-140. I have heard that it takes additional 6-8 months if your I-140 is approved for CP but you file for I-485. Is that right?

Can someone share their experience?

TIA :)
 
I am one of the unfortunate you.

I think 3-4 month dalay may be closer to the truth. I called the NVC and found out that my file was returned to the INS but no date given.

My I-140 was never sent to consulate maybe because I wrote to ask them not to.

No RFE yet (OCT 2002 RD). I have changed job and moved out of NSC. I think I should get a RFE. That is why it is strange to me.

It could be a sign of delay:mad: .
 
My case is same as yours. My I-140 was approved for CP but 485 filed for AOS, and the idiot lawyer didn't even bother to tell me !
RD: 10/27/2001
ND: 11/21/2001
FP: 01/29/2002 (Recd by INS on 01/31/2002)
AP: ??????
 
Same Case

Hi,

Mine is a similar case. My I-140 was approved for CP. I was worried too but I recently received an RFE for Employment letter and Affidavits for me and my spouse.

Case Details:
LIN# : 02-025-xxxxx
RD: 10/01/2001
RFE: 1/24/2003

Currently I am in the process of responding to my RFE. I am hoping my case will be approved in the next couple of weeks.

From what I have learnt through others and my own experience, this should not be a problem.

Cheers,
vkpotti
 
I called the NVC and tried to check the status of my case but my case could not be found in their system. I assume that is a good sign? Does it mean my case was never transferred to NVC and it is still with NSC? I certainly hope so!
 
I have learnt that the Service centers are aware of this issue because many people do it and they do a pretty good job of requesting the packet back from NVC in time for approval.
I have never bothered to call NVC. Just wait another couple of weeks. NSC is working on October cases. You should be hearing from them soon.

Just my 2cents,
vkpotti
 
in same boat

I never called NSC. Oct2002 RD. Called NSC for status check recently. I was told that the case is in transit to adjudication office. Keeping my fingers crossed.

However, if it was a couple of years back then this type of case would be delayed. I'm optimistic about hearing something soon with RFE or approval.


Cheers
 
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I-140 approved for CP

Guys here is what I have learned about I-140 for CP and AOS.

If your I-140 is approved for CP it may or may not delay your case. I have seen many people get approved without significant delays and some that are delayed anywhere from 3 to 6 months. Also if your case is not found in NVC it doesn't mean INS has requested your case. Talk to an operator in NVC and she should be able to provide the details of your I-140 whether the case is with them or sent to consulate for processing.

Hope we all get approved soon, may god bless us all.
 
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Strange!!

I called the NVC and tried to check the status of my I-140 case and the voice msg says "the casee could not be found". Sometime back, I did get the voice msg saying "the case has been sent to the consulate". Does it mean, they do not keep the records more than a year ? Confused and worried :(
 
muruga485

In your case you got to talk to a live person at NVC. About a year ago when I called, the automatic system said could not find my file. Then I talked to an operator and was told that my file was with them but they could not return it to the INS unless requested so directly by the INS.

Generally, it is much easier to get through the NVC (by phone) than NSC.

Good luck.
 
Also you may want to email the consulate. They would tell you if they received your file and if they have returned it to the INS.
 
GCHopeless,

Thanks for the Hopes. Alas, today NVC is closed due to snow storm! How do you write to consulate, is there any specific format ?
 
Just write them a regular email. Tell them your LIN number of I-140 and NVC case number.

I also included my A number.

Tell them you are applying for AOS instead. Ask them if they have your I-140 petition and if so whether they could return to the NSC.

In my case they replied that they had never received my I-140.
 
Reply from Consulate

My I-140 was returned to NSC and I got the following email reply from consulate:

"The case was transferred back to the Nebraska Service Center on May 21,2002. We no longer have the case file. You need to check with the service center to determine the status of your request to change status."

What is the meaning of the last sentence ?:confused:
 
Just now checked the On-line Status. It says RFE for both mine and my daughter. My wife case still says "....processing resumed...". Wonder What the RFE would be for ?
 
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