\'Pending\' discussion again (IMPORTANT)

Doc sent to me

After my 140 was approved in January, I recd. a letter around Valentine\'s day from NVC asking me to confirm if I would
want to go with CP......I\'ve all documentation coming to me.......and I do things myself now......as our comapny lawyer
doesn\'t seem to be competent enough.......The lawyer also received a copy of the same......
 
Maybe we should relax

The following is encouraging:

One of my friends recently got 485 approved from VSC(AD 08/02/01, EB2 India). His ND was 09/21/00. So, his case actually is OK as far as processing time is concerned.

I know that his 140 says NVC etc.. Since I know his 140 EAC #, I called up NVC and found that it says that packet 3 was sent to his attorney on July 24, 2000. (His 140 AD was July 6, 2000). So, they must have also forwarded his papers to Mumbai at the same time. (NVC AVM says completed packet 3 to be sent to Mumbai)

Still he got approved on Aug 2. So, there was not much of a delay even though 140 was approved for CP. Probably, everything depends on adj. officer and actual mailing of file takes very little time.

Only important difference between his case and ours is that his department spun off sometime during 485 as an independent company and so his lawyer proactively filed amended 140 while adjusting staus. I do not know whether this triggered in an early transfer of file or not.

This is my friend\'s case and I really cannot get any more information.

Hope this reassures us.
 
GC - Project: was your PD current when your 140 was approved in Jan?

I am trying to find out why only you received the notice requesting CP/AOS confirmation while none of us did.
 
sbk

And maybe they transfer files only electronically and not hard copies....
which should take very less time to transfer......
One lady in my office went for her CP interview to London and there
they were checking everything on the computer except for hard copies
of pkt-3&4......she mentioned that INS might be transferring only soft
copies of records......
 
Just FYI.

I talked to NVC rep. today, she is saying that my case was transfered to Mumbai on OCT 10th and Packet3 was sent to my attorney on OCT 22nd.
She is INS saying INS will request the file back from Mumbai, she has no information whether it makes in delays in I-485 processing. I called my attorney(company immigration dept) on Friday, so far NO response from them. I feel that it defenetly takes longer time than regular case but there is nothing we can do to expedite our case at this time.

My case details: I-140 Approved on 9/22/00. Case sent to NVC. File was trasfered to Mumbai on 10/0/00 and Packet was sent to Attoreney Records(as per NVC) on 10/22/00, but no confirmation from my attorney.
Filed I-485 on 10/24/00. I485 RD 10/27/00 ND 11/22/00 FP 3/8/01
 
sbk\'s comment is encouraging.. and here what my lawyer says..

I talked today morning to rep. at NVC and per them file has been transfered to Mumbai on 31st Aug,2000.

After that I talked to my lawyer and he confirmed me that he has not received any letter/packet3 from NVC. Per my lawyer, NVC can not send the file to Mumbai unless, we confirm them (same as what gc-project said earlier). I counter question him that why NVC rep. told me that file is t\'fered to Mumbai? Lawyer said it might be possible that computer system have been updated but they haven\'t send the file.
(in otherwords they are ready to send the file to Mumbai, updated computer system, but in absence of confirmation from me/from my lawyer, file might not have been transfered to Mumbai. --- Guys, if that is the case then we are safe saying that file might have been back to INS, Vermont office).

My lawyer also told me that it is very logical that your I485 has been accepted by them and issued "EAC#". I-140 is approved by INS and it has "EAC#" (as i understand EAC stands for Eastern Application Center i.e. INS,Vermont) so I485 may not need I140 file back from anywhere and they are retaining original papers with them. He also mentioned that INS sending all cases to NVC irrespecive of anything.

I asked my lawyer that why my application is even not alloted to any officer where i am seeing some approvals for case filed after my ND? (i checked with IIO on 10th aug., till that it was not assigned). My lawyer told that probably they (INS) are waiting for officer to take up the case.

I also asked about form I824 and my lawyer said that form is to get DUPLICATE of I-485 file.

So, at this juncture, we have to do nothing but to wait.
SBK\'s thread mentioned about his friend\'s case which is same as ours (I140 approved for CP) and is really encouraging. Hope we don\'t have to worry about I140 approved file location.
 
Can someone post the I-140 approval notice text.

My lawyer faxed it to me but It is not clear. The only thing I can see is it has been sent to NVC. Obviously it has been filed as consulate which I just found out from you guys. Help me guys, what should I ask NVC. Thanks.
 
Hi Guys: just talked to lawyer..just relax..

Hi Guys
I also just talked to my lawyer and had a chat about this.
In summary: NVC sends cable to the consulates but not
the actual papers until and unless you fill up packet 3 and other
papers. So if you guys have not filled up packet 3, nothing to worry
about. As some one told already: if PD is current at the time of I-140 approval, NVC send packets 3 automatically. In addition to that they also cables consulate in native country, if PD is current at the time of I-140 approval without waiting for formal consent from applicant. If PD is not current, they send a form/application
to the applicant who has to fill that up or the lawyer has to fill up
to request/confirm CP and then in that case, NVC sends
the other forms including packet3. One of my friends got approved
in May and his I-140 approval was exactly same as mine (see
my previous post) but at the time of his approval, his PD
was not current. So NVC sent him a form to indicate whether he
wants CP or AOS once PD becomes current. Nothing like that happened in my case as my PD was current at the time of I-140 approval and so NVC automatically sent my laawyer packet 3 and cabled consulate in India. My lawyer said that they
are getting packet 3 all the time even though the applicant is going
for AOS. Nothing to do at this stage for us. I talked to IIO twice in last 2 months and I was told that my case is alreday assigned to an officer. ND:8/21/00

So I guess, as some one here told alreday,..have martini, forget
that you filed I-485 and wait.....
Good luck guys !!
 
I also think waiting is the answer

Talked to my lawyer today.
He says that even if the I-140 approval is sent to NVC, as soon as the I-485 is filed, it triggers the file transfer to INS from wherever it is. I hope he is right.
I am sitting tight and hoping for the best.
 
Attn to Amal

Amal,

Could you tell me what are the procedures to file I-485 before I-140 approval. This would help one of my friend he is running out of His 6 year term in soon. Any of your help is greatly appreciated.

Thanks in advance.
 
No Title

Hi
Sorry for the delay in answering. Last year some one won a class action law suit. As part of these law suit, court gave judgement.
Judgement was that any body whoes priority date is current
and who have filed under BS+5 years or MS+2 years in E-2 category and whose I-140 is still pending or rejected or got a notice from INS should be able to file their I-485 directly. It was passed in last year may/june.
The catch was that this judgement was valid only for
6 month from the date it was passed. When I applied for I-485 but
still was waiting for I-140 to get approved, it was less than 6 month
and so I could apply. But thats over now. Sorry for the bad news but
please do check with your lawyer. Who knows what happend since then.
To do this, nothing different than regular I-485.
Except my lawyer mentioned in the cover letter that it was part of class action law suit
and also check marked on the first page of I-485 application at
the appropriate place. One thing, is that on the top
of his cover letter and other papers, he added an extra page with big
bold letter: Attention : Class action law suit. Please do not open
in mailroom. Take it to Director\'s room directly.
 
No Title

I am also same boat. I spoke to NVC and the officer told me if VSC asks info we will send info to Chennai consulate and we will get your file. Any new news.
 
No Title

Just an update. Called the IIO about a half hour ago. She said the \'case is with an officer. Wait for 60 days and if you don\'t hear anything call again\'.
Now i don\'t know if \'case with an officer\' is same as \'pending\' (the iio that i spoke to in July told me it was \'pending\'). Does anybody know if it is the same? The varying responses that i got, Are they just different interpretations of the same thing by different IIOs?
 
Pending could mean 2 different things

1.) Pending and not assigned to an officer (that usually is the case if your RDND is not close to RD/ND that SC is processing . This is still ok .
2.) Pending ,assigned to an officer means file is sitting at officers desk but has not been reviewed. This is scarier depending on who has your file. Like my status is pending with an officer since May and the officer has no time to look at it . If your case is pending with an officer for more than 2 months , then it is likely you are stuck for sometime .
 
No Title

Yesterday, I spoke with very nice IIO. I asked about my staus she went through all info like FP and others. Finally she said we are waiting info from NVC. I called IIO on Aug01 and they told me case is assigned to an officer. But yesterday she told me now it is not with an officer. She said it will take 4 to 6 weeks. I came to know my I140 approved for CP after I spoke with IIO. My ND 09/25/00.
 
REGARDING THIS

Last week i talked , IIO told if requires we will get it from NVC.At that time she told my case is under review.Yesterday my Atty.talked,then IIO told file is with an examiner.I dont know whats happening.If one case got denied,our EAD also automatically terminated, right?We become out of status &illegal also right?Just think?
 
No Title

eagle123,
Why are you talking about denial? Was your I-140 for consular? Anyway, I-140 for consular WILL NOT cause denial. Probably just additional delays as we are seeing.
 
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