Pending 485 application

M

mallu71

Registered Users (C)
Folks,

I need some help or guidance here.

Here\'s my Information :

PD : 03/08/2001

My 140 is been approved for CP on Dec 11 2000 , I had applied for AOS and my copy of the petition states the same. Now I was in the impression that I have applied for AOS and I was checking my documents to make sure things are fine. Saw the fine prints in the document that it has been approved for CP and has been forwarded to NVC @ New Hamshire

In the mean while I had applied for 485 and here is the information

RD: 03:02:01
AD: 03.12.01
EAC: 01-123-XXXXX

AVM : Always has been " Your case have been received ...."

I got my EAD and AP in the meanwhile and also I got my FP notice too and it was completed in the month of August.

So I called the NVC number and checked my 140 information and its said that it has send the Packet 3 information to my lawyer and I never heard from my lawyer that he receieved any of this information.

Now my question :
a. Are there folks in the same situation ?
b. Any suggestions or ideas on this situation ?
c. Is it worth calling IIO to straight this out ?

Help
 
Hey Mallu

Hey Mallu

Call the NVC Tel# (603) 334-0700 mentioned in your I140 approval notice. Key in your I-140 receipt# and the system should tell you where your I140 file is sitting.

My guess is it got forwarded to a U.S. consulate.

If NVC does not receive any response from your attorney, they forward your I140 to a consulate. Most attorneys just dont care to write to NVC telling them to hold your I140 in the U.S. if the client wants to do AOS.

Anyway, it does not matter where your physical I140 file is located. VSC does seem to know the I-140 location & should get it back for I-485 adjudication.

I am in similar situation & IIO says this type of case is normal but "time-consuming". Looking at the posts on this discussion forum, it seems it could take anywhere between 2 and 4 extra months for I-485 adjudication. The IIO apparently could not do anything to expedite it.

So let\'s hang in there & pray to God.

GR66
PD: March \'97
ND: Feb 26, \'01
I140 approved for CP
I-485 Waiting for I140 to come from "storage" since Nov 15
 
Look at your I-140 approval notice

Look at your I140 approval notice.

Your I-140 got approved for CP, if the approval notice says something like "... your petition has been forwarded to the National Visa Center which will forward it to a U.S Consulate..."
 
A little twist..

I am in the similar situation...My attorney told me my I-140 also got mistakenly approved for CP.

But I called NVC and entered the I140 case# and it says They are notified by INS that I am doing AOS in US. I also talked to NVC operator and she told me they have returned the case to INS in June\'01.

What should I make of this?
 
GR66 Thanks for your support

Is there any way to know if the 140 has been forwarded to the consulate. Would calling the NSC help. Would they be able to help me in figuring this out ? Whats your experience ?
 
new prince : Did you lawyer do any thing ?

I called NVC yesterday (12/18) and check my response and it said that some information has been to my lawyer and my mentioned my consulate
Now my lawyer never told me if they received any packet from NVC. In the meanwhile I applied for AOS ,I finished my FP and medical. No one mentioned to me about the 140 being approved for CP till now when I checked my petition very carefully, Stupid me.
 
Yes !

If you call them, they will tell you where the file is. I am in the same boat. My file has been forwarded to the US consulate in my country.

RD 3/07/01
ND 3/13/01
FP 8/03
Country - Other
EAC - 01-124- *****
 
Thanks

Is there way to correct this mistake ? My petition had clearly been checked for AOS? All I knew was there was an RFE for my 140 and the law firm did respond to the RFE.
 
Mallu...

I did not check my 140 stuff until yesterday also. But my attorney did not do anything I think. He still thinks my case was approved for CP.

Talk to an NVC operator and see where exactly your file is and talk to VSC to start the process of getting it back to them.
 
newprince

I checked after I saw your message.

Did you call IIO at VSC ? Can you request them to start the process ? Also did you talk any one at NVC too ?
 
reply

Mallu..Yeah I have talked to the operator at NVC to confirm they have returned the file back to INS. Check with them..Phone number is 603-334-0700...Have you I140 receipt number ready.

Depending on her answer talk to VSC. I did not ask VSC whether they have requested the file. A while back VSC told me all my stuff is in order to be processed.

Good luck
 
No Title

My husbands I-140 was approved for CP in July 2001. He applied for AOS
in August 2001. I just called the NVC and the operator told me that the case has been forwarded to New Delhi Consulate in September. I think this means that the lawyer has not done her job and INS has not received our paperwork? Is this correct?
Can anybody let us know what should be do? Do you think this will delay our AOS processing even if we call INs and sort things out in a few days.
Please reply.
Thanks
 
This is what I figured out

1. When your I-140 gets approved for CP, NVC gets notified along with your file.
2. Then NVC sends package 3 to the attoney.
3. When you file for I-485 your attorney has to respond to the package to NVC stating you\'re adjusting
4. Then NVC holds the file within US
5. VSC contacts INS for the file and NVC returns it to VSC.

If your lawyer does not respond the file goes abroad.

My package was returned to VSC. Thank god.
 
No Title

Thanks Newprince. Does this mean that in our case the lawyer has not responded to packet 3 (saying that we\'re not doing CP anymore) and hence NVC is not informed that we\'re doing AOS because when I talked to the NVC representative she told me that our file has been forwarded to the New Delhi consulate? Also does this mean that the I-140 has also been forwarded to the Delhi Consulate or NVC still has it here in the US?
Please help us out.
Thanks
 
Khazana

I do not want to take wild guesses but what you\'re saying makes sense. Talk to NVC operator and VSC IIO to atleast start the process of getting your file back from Delhi. Since you have applied in august you still have time to get it back soon.

Good luck to all.
 
No Title

mallu71,

I don\'t know? Per our understanding the lawyer had informed the NVC long time back about us doing AOS now. I have no idea what went wrong and why does NVC still say that paerwork has been forwarded to Consulate.
 
No Title

Just talked to an IIO in INS. She says that recalling I-140 from NVC is an automatic process. It will be done (for every case concerned) at an appropriate time. This will not cause any delay and there is nothing anybody can do at this time.

Does this sound right?
 
Thanks for the information

Khazana,
I guess that would be right but I don\'t know where the delay would be. I would guess its from the NVC side getting the 140 from the consulate if they have send it to the consulate.
 
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