Pending 485 application

My 2 cents...

Your CP approved I-140 gets sent to consulate if the attorney fails to inform NVC immediately after your I-140 is approved.

Most of the attorney fail to do this. Consequently when your I-145 comes for review, IIO may recall your file from the consulate. This is where the 2-4 months delay takes place.

However some lucky folks have their case sent to rational IIOs who don\'t need to get the file since the case originated from VSC itself. These folks, although a minority, get their I-485 approved in time.

What can be done? Some experts in this board say "Nothing". See past discussions for details.

However if your I-485 has recently been submitted, get in touch with your attorney and start the communication with IIO, NVC and consulate. I don\'t know how much this will help - but may be the only way out.

How I got into this mess? My corporate attorney misguided me by saying that if we send I-485, the case gets automatically sent back to VSC. I believed the attorney and now find my case sent to the consulate.

I am trying to work-out a strategy and will keep the board posted.
 
Zambia

Thanks for the information.

I guess doing Nothing would be the best solution out than loosing sleep. The only question is how long "the wait " is going to be.

I think trying to be positive about the whole situation is the best route out.
 
No Title

This is what I don\'t understand. Everybody here seems to be certain that the case will get almost certainly delayed by approximately 2-4 months. However, the IIO that I spoke with yesterday says that this will not cause any delay whatsoever. Does anyone know of cases being delayed, for a fact, because of this or is the delay just our speculation?
 
Spoke to a lady at NVC

She said that my papers have been forwarded to the consulate in the month of Feb 2001 . Also she confirmed the address of my law firm and said she can again send the paper work to the law firm. I said I would get back to her after talking my lawyer.

Did you guys have the same experience when you spoke to the folks at NVC ?
 
No Title

Nope, The NVC lady told me that my case has been forwarded to Consulate and only INS can request for it to be sent back to them.
There is nothing they can do about it.
 
Called VSC and spoke to a nice IIO lady

after speaking to the NVC I called IIO @VSC and asked them about the status of my application
a. She said an officer has looked at the application and they are sending out a letter for some clarification on some information on the paper and would send it to the lawyer on record if one is present.

b. I asked her about my Finger Prints and she spend time on her computer and she said it looks fine.

But I didn\'t ask her about my 140 since she said my paper works looks fine.

Hope this helps.
 
Q for Zambia

Zambia,

HAve you figured out what (if anything) can be done about getting the file back from the US consulate in whatever country you originate from?

Is there anything that can done, except wait??

I called the NVC, and the person said I may want to talk to the consulate and get them to send the file back or VSC would do that, if they needed it!!
 
Bill and others...

I have been on top of this issue and gathering info. I was aware that my I-140 was approved for CP but attorney told me that once we file AOS, file does not get sent to consulate. That was not correct advise. So when the I came to know that my case was sent to NVC, my attorney said that this will not cause any delay - again I am not sure if this is correct info.

I will soon give very precise instruction to my corporate attorney and keep the forum posted.

Please refer to my earlier posting in this discussion - most likely this will cause a delay unless it reaches a rational IIO. Those with CP I-140 who get approved in time are a minority.
 
In the begining my lawyer told the same.

He told me that it would not be a matter. But now when I caought him in situation he apolozised to me. He confessed that there might be a dealy if the IIO thinks that he needs the file. If not than I am lucky.
 
Top