\'Pending\' discussion again (IMPORTANT)

Clarifications needed

See, NVC says that they sent my 140 papers to Mumbai consulate in Dec 2000. So, when my 485 file gets opened (sometime in the next few weeks, hopefully) where will INS officer request the 140 file from -NVC or from consulate?

This would make a big difference in file transfer since NVC is in NH while consulate is in Mumbai.

Pls. confirm.
 
This is not a small agency which is located in a remote area

No mail by any imagination will take more than a month to get it . I don\'t think you should be worrried. It will reach to INS when they request it. Only question is when they request it ??? If Some off sit on your App and realize after 4 months, then it will cause delay . It all dpends on the officer my friend. So pray to god , your case is in hands of a good officer . Have a good one ..
 
file from New Delhi

I spoke to an IIO at VT and she told me this:
To bring the file back I should file I-824 to avoid delays in getting back the file later.....
I-824 should be filed for either case from 485 to CP or vice-versa....
Therefore, I applied for I-824 requesting to get the file back from Delhi to VT in May\'01....
A receipt of the same I enclosed with my 485 to avoid delays.....

Hope this helps......
 
sbh, trying here

I do not have any official source for thinking that they will need the actual I-140 approval sent to NVC is needed here. So obviously take it for what it is worth(Sorry if i mislead you). I do not know if kp h can confirm it, but he seems to agree with me.
This is again something you check with the NVC. Ask them what happens in such a scenario. Will INS ask for the papers from NVC or from the consulate? If they ask the NVC, does the NVC send any copy that it has or does it forward the request to the consulate.

There was one difference in your case and mine sbh. In my case, I-140 was approved for consular in May 2000 and i applied for I-1485 in July 2000. During the 2 month span, my packet seems not to have gone to the NVC (That is what the NVC told me) and i assume the INS cannot directly send it to a consulate(There has to be a record in the NVC like you guys have said). In your case, you have said that your I-485 was filed in NOV 2000. And looks like the packet did go to the NVC. Was there a gap between your I-140 approval and your applying the I-485?
thanks,
trying
 
Additional Info

Last year I spoke to a very \'helpful\' person at NVC. NVC is like a post office. Holds the papers and forwards it based on CP or AOS when you have a visa number available. If your papers went overseas for CP and you are doing AOS it is likely that some time will be lost. Relax and have a martini! You ain\'t going nowhere in a hurry. It is probably not by accident that your company has you doing AOS while the papers got kicked out of the country for a CP.

One thing I am curious about is why does INS need the file back from a Consulate ? Aren\'t they holding the petitions, approvals, etc. on a system ?
 
No Title

man.. you are are all scaring the hell out of me.. last couple of days it was about CIA checks causing the delays and now it\'s beeing apporved for CP.. I feel like a victim of both these issues...
 
I agree

SGK et al,

 I agree that this is a SCARY one. But it is IMHO "Fear of the UNKNOWN". Some day OURS will also be APPROVED.

 My I-140 was for CP. BUT I OPTED FOR AOS. Looks like this is a NEVER ENDING SAGA. I checked AVM today and still it says "Your I-485 was received on......". I now believe that the logic of INS approval may be a complex combination of CIA Check, COUNTRY, CP/AOS @ I-140, PD, RD, ND and MOST IMPORTANTLY THE ADJUDICATING OFFICER.

Thanks and have a nice Weekend everyone
Ramesh D
[Details = EB2/RIR/INDIA/ PD 9-99/RD 9-00/ ND 10-00 / FP 01-01 / EAC-01-018-5XXXX]
 
checked AVM of NVC....kph, trying, sbk and others...help

I checked AVM on NVC tonight. Summary as follows:
My I-140 approved on 8/3/00 and I-485 submitted on 9/11/00.
I called NVC phone no. and punched in my I-140 receipt no.
AVM at NVC says- "Forms and Instruction has been sent to - Attorny of Records on August 21,2000. Please allow 4-6 weeks to receive the packet. Submit all documentation to US Consulate - Mumbai. If you haven\'t received the packet then contact NVC in writing or send fax at 603-334-0791. If you receive fingerprint notice then go through all the instructions written on it. If you want to check whether your case is current or not call 202-663-1541.

Guys, it looks like that I might be in trouble like sbk is. Unfortunately, I have to wait until monday to digout more information from NVC and through my lawyer. I request help from all of you here to post questions needs to be asked to NVC so that we all have valuable feedback.
 
No Title

Hi long_way,
From what you are saying, it looks like your lawyer must have received packet3.
What i would do : When you call NVC, confirm that your immigration approval has been sent to the consulate (Mumbai). Ask them what the procedure is in such a case if one files for I-485. Ask them whether the INS requests the info from NVC or from the consulate while processing 485. If they request the info from NVC, ask them if it is forwarded to the consulate or if the response is sent back from the NVC itself (NVC customer service reps seem to be quite helpful, so don\'t hesitate to ask. And please post the results if you find anything).
Talk to your lawyer (hopefully he is one of those helpful guys) and see if anything can be done to speed up the transfer. Also, wait for feedback and advice from your friends on this board before making your call.
I do not agree that you or sbk are in trouble. Having dealt with the immigration process for sometime, I would say that my experience has been that things sometimes take inexplicably too long and sometimes seem to happen very quickly. Maybe your file has been requested and is in transit or already there even as we speak.
hope this helps.
trying
 
No Title

Pardon me for asking a silly question ( just recently applied for 485 & am scred shitless by this discussion ).. Where in the I140 petition does it say that I140 has been approved for CP & about the papers being transferred by the National Visa Center to a consulate ?

Would appreciate your help in clarifying this for me
 
No Title

Hi prakash,
There are no silly questions unless you intended it to be silly. Your I-140 approval notice should say if it was approved for consular.
Check your I-140 approval.
thanks,
trying
 
No Title

Hi
I just checked my approval notice. It just says
the above petetition has been approved. I will guess that if it
is for CP, it will say approved for CP.

The notice says as follows:
-------------
The above petition has been approved. We have sent it to NVC. NVC processes all approved immigrant visa pepitions that need consulate action. It also determines which consular post is the appropriate consulate
to complete visa processing. The NVC will then forward the approved petetion to that consulate.....

------
Now is it approved for CP ?
I just checked NVC\'s AVM and it says that my I-140 has been
approved..packet 3 has been sent to Mumbai.."...I have not applied for CP and
the counsulate choice on I-485 (in case AOS can\'t be done
in USA) is Calcutta not Mumbai. Now is this a standard message ?

My I-485 is not pending but assigned to officer for last 2 months
ND:8/21/00.

I plan to call NVC on Monday. Will keep you updated.
 
No Title

FYI.

I have been told that even if you opt for AOS which is option 1 of PART 4 of your I-140 application some times paralegals fill out the your last permanent residence abroad in option 2 which makes INS(not all the cases) to approve your application for CP. Even though we fill out the last permanent residence address we should not be approved for CP but some INS officers DO approve your application for CP. There were mistakes from two sides.

I have discussed this issue with my attorney before we file my I-485, he didn\'t agree his mistake instead he is arguing that INS is now approving almost all the cases for CP so that we will have a option to go for CP if we wish at a later stage otherwise we can always file for AOS and this is not at all a problem.

After looking at your posts I have called NVC, it said exactly same as long_way ie. packet3 was sent to attorney to file CP at mumbai consulate. It didn\'t say that my I-140 file was sent to mumbai consulate, I hope they(NVC) still have my file with them since I haven\'t sent my packet3 to request CP.

I don\'t the exact procedure for CP, I will find out more on Monday and let you guys know.

Finally I urge you guys please check your message one more time at NVC because I am seeing here a contrary messages and making other people nervous unnecessarily.
 
No Title

Hi Trying,

Thanks for your response. Definitely no intention of being silly. This is very serious. Where should I look for it, in my I140 approval notice.

The following is what I have in the Approval notice - Para 2 & 3 :

"If the person for whom you are petitioning decides to apply for visa outside the United states based on this petition, the peritioner should file I-824, Application of rAction on an approved Application or Petition, with this office to request that we send the petition to the Department of State National Visa Center (NVC).

The NVC processes all approved immigrant visapetitions that require consular action. The NVc also determines which consular post is the appropriate consulate to complete visa processing. It will then forward the approved petition to that consulate."

Other than the above there is nothing. Even the above looks like general text & does not indicate if my approval means NVC or not ?

I\'m still perplexed. Your help is much appreciated.

Thanks
 
this is same as my case.

Amal,
This is same approval as mine. You will have different message on I140 approval if it is approved for AOS. Did AVM at NVC says that packet3 has been sent to Mumbai?
In my case, AVM says packet3 has been sent to lawyer (which my lawyer has not received). Also, it says send all the paperwork to US consulate Mumbai i.e. we have to forward our papers to Mumabi. AVM does not said that packet 3 has been sent to Mumbai. Please go through AVM message again and please post the detail here. This will be added information to this forum if AVM has different message than mine i.e. "Packet3 has been sent to Mumbai."
What was the gape between I-140 approval and I-485 ND in your case?
Good Luck!!!
 
prakash, your I140 petition is approved for AOS not for CP

Hi Prakash,
Don\'t worry!!
It seems now we have both the message text posted on this board, for which INS is using on I140 approval - one for CP and one for AOS (i.e. approved to file within US. If you want to file outside US then fill out form I824.)
What is your ND?
 
you are right. My I140 was submitted with pemanent resident info.

Hi OCT2000,
I have posted my concern to AMAL as he has AVM saying "file has been sent to Mumbai".
I urge everybody too on this board to check AVM and post details.
 
No Title

Thanks & appreciate the clarification .. I\'ve applied for I485 in June 2001 & am yet to receive my receipt notice .. It is as your name suggests :) a long way to go.
 
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