\'Pending\' discussion again (IMPORTANT)

A

architect

Registered Users (C)
Hi,
This may not be news to some of you, but i just found out for sure one reason why some applications seem to be in \'pending\' status when others filed later are being approved.
IF YOUR I-140 IS FILED FOR CONSULAR PROCESSING, THEN DURING I-485 PROCESSING, THE OFFICER HAS TO WAIT FOR THE FILE TO BE SENT BACK FROM THE CONSULATE.
Anybody who has a pending status, go back and double check your I-140 approval, and it should say whether it was approved for consulate processing.
I HAVE HEARD OF AT LEAST ONE LAWYER WHO HAS ACTUALLY FILED FOR CONSULAR PROCESSING DURING I-140 AND THEN QUIETLY APPLIED FOR I-1485 FOR THE APPLICANT. THE ONLY INFERENCE I CAN MAKE IS THAT IT WAS DONE TO DELAY THE PROCESS.
One question to everybody. In such a case(I-140 for consular and I-485 filed), does anybody know how long it will take once the officer takes up the case.
Thanks.
Trying(ND 07/00).
 
No Title

I many cases (also mine) even though I did not request consular
in my I-140 application ( I had indicated that I would adjust status in thr US ,but IN CASE NOT POSSIBLE TO AJUST, then I had given Chennai
US Consulate as an option). But my I-140 approval came to me with the "NVC" option.
Packet 3 is with my attorney. According to him INS keeps a copy of the paperwork and it does not take time for INS to get it from NVC.
 
No Title

I think there is a delay associated with getting the details back for the INS to process the case. I will find out more if i can.
Meantime, if anybody has or knows someone who has been in a similar situation(I-140 for consular and I-485) and finally got approved, could you please post the time it took approximately from the time the INS would have started on your case(meaning INS processing ND around your ND date), to the time it was approved?(please also indicate if there was an RFE). It would be a great service to all of us in \'pending\'.
Baba Yaga and kakadi, would like to keep in touch with you guys if you are in the same situation?
 
mine says the same too

Can we call the number mentioned in the approval to check if the file has been transferred to Vermont for I-485 processing ?
 
I140 approved for CP-- talked to lawywer

I got my I140 approved for CP and it was stated that "file will be transfered to NVC". I talked to my lwayer about this mistake while filing I485 and lawyer told me that "INS is making mistake like this but will get corrected upon receipt of I485. Don\'t worry!!"
While surfing here, found that they are sending record/file to NVC and that may cause delay. I agian called paralegal last week and asked her about this matter. She said that "If INS is transfering file to NVC then, our (lawyer) office will receive PACKET3. As we haven\'t received that, it means INS has corrected an error and might not have send the file to NVC."
I am little suspicious about INS informing everything positively as I read in this forum that somebody didn\'t received his FP notice and denied for I485. Don\'t know whose mistake it is, but ultimately individual is the sufferer. Hope that mine is not transfered to NVC. My RD is 9/11/00 and ND is 10/8/00. Last week spoke to IIO and it is not alloted to officer.
Reallly long...way.. to go.
 
No Title

Will the petition be with the NVC or with a consulate? The I-140 approval says the NVC will forward it to the consulate.
I think it is a good idea to call the NVC(603-334-0700) and see if we can find something on what happens in such a case.
Also, the next time one of us calls the IIO, it might be a good idea to tell them up front that our I-140 was approved for consular and is now waiting I-485 adjudication. Instead of asking for the status of the I-485(and getting the standard response = \'pending\' and no more info), we could ask them how long it takes for the INS to receive the approved I-140 petition back. Since we are making it known that we know what is going on, they might better answer our question. Worth a shot. Most likely the IIO won\'t know the answer but might be able to get it from a supervisor.

We cannot let (deliberately) STUPID lawyers bring us down.

P.S. Please keep this discussion going if you find it useful.
 
No Title

Same situtation.. Never requested consular processing. But the 140 was processed for CP. As soon as my priority date became current.. the lawyer applied for 485.
Does anyone think that in this situation the Packet 3 might have been sent to Abroad ? Are the IIO\'s right now waiting for it to come back from overseas or just from NVC ..?
Any thoughts appreciated..
 
No Title

long_way,
In these cases, i don\'t think it is an INS mistake that the I-140 was approved for consular. All the same, i will check with my lawyer to see if he says it is an INS mistake or if he requested it (may be those of us who haven\'t checked with the lawyer should).
If it is an INS mistake, i think it might be time to bring in the senator\'s office.
Any volunteers for calling the NVC to find out some info? (where the packet goes, how long to send it back, possible to check individual status, was consular actually requested from our side).
Any volunteers for calling the IIO? I called last month and am waiting for 30 days before calling again. I can do it at the end of this month.
 
packet3 must be received to lawyer and NVC phone# is for New Hampshire

I have never asked for CP in I-140, eventhough approved for CP.
My lawyer office told me that if INS issuing packet3 then, it will be received by lawyers office. As it is mentioned in this chat that National Visa Center (NVC) phone no. is \'603-xxx-xxxx\', that means it is in New Hampshire state. Hope if our file is transfered to NVC, then it should be within US.
 
Not completely true

This might be a true statement in some cases, but does not apply to all cases.

I had filed my I-485 in 02/2000, pd - 04/98 and my case was on a status of pending (note - not "assigned to an officer") till it got approved a week back. I think the status of "Pending" is only indicative of the fact that the application is not yet approved and not symptomatic of a screw up or missing in papers.

I and my lawyer\'s office had called the IIO atleast 4 times during the past two months and the status of my case went from "To be assigned to an office" to "Application is in the Waiting Area" to "Pending" to "Approved". Time between each calls was roughly two weeks.
 
trying & others . I called up just now the NVC office

The number was listed in I-140 petition. I was also thinking the delay might be because of this but lady told me, it was sent back to INS on Jan 19, 2001 which means 8 months are gone and still no decision. It is confirmed now that this is not the reason of pending of our applications . You could call yourself and check it out when your files were sent .Looks like we are stuck with some group of officers who are real lazy or don\'t want to adjudicate. I had a great lengthy discussion on this with my lawyer and he says , it is the attitude that causes this delay. If an officer thinks that only incentive of approving cases fast enough would be that he would be given another pile of cases, then why would he want to approve it fast. He would rather keep on working on the same pile .
 
kp h - Thanks a bunch for the initiative

Thanks kp h for the info. I will also call the NVC and post what i hear.
Let us hold hands and give each other the strength to carry on. We shall overcome.
 
INTERESTING!!!

kp h and others,
I called the NVC as kp h did. In my case, the NVC has not received the approved I-140 petition at all. Long_Way, that probably proves what your lawyer told you. The INS may not have send my packet out(although approved for consular) when they received my I-485 receipt.
The representative at the NVC was quite helpful and said that if i fax a copy of the I-140 approval with some other details, he would send me a letter stating that the packet has not reached them.
Gives me renewed hope that somebody is working(pending = working?) on my app and that it is not in transit.
 
kp h and trying - please help

As per your suggestions, I am trying to reach NVC for quite some time now. The number I am calling is 603 334 0700. I am only reaching automated messages through the menu and able to reach a representative.

Can you pls. let me know what menu you chose to reach a representative?

Thanks
 
sbk. Keep on listening

to the end of message (Very long message) and then it will give you 2 options , one is lottery and other is Immigrant petition . Choose the one that says immigrant petition stuff . Then again keep on listening until it mention something about Immigrant status, then at one time it will ask you if you have receipt number, Follow instructions and then enter WRONG receipt number. Then it will ask you to press 0 for available representative. There might be other options available where you could directly get the help desk but you would somehow have to enter wrong number,. Hope it helps.
You have to play real idiots to get to fool these AVM \'s .
 
kp h, Baba Yaga, trying and others

Thank you, kp h.

I just now called NVC and found that my file was transferred to Mumbai consulate in Dec 2000. My I 485 ND is Nov 2000. My lawyer must have received the packet 3 last year but did not tell me anything about it and instead filed 485. Obviously he did this so that I can be exploited longer by my company (who actually pays him)

Anyway I am now in 485 ND Nov 00 while my papers are in Mumbai. Baba Yaga said in this thread that NVC keeps a copy of the papers and it does not take time to get it from there. Is this true? Can someone confirm this?

On the contrary, trying is saying that 485 adj. officer has to wait for papers to come back from actual consulate. This is big delay. How can you be sure of this? Trying - Can you pls. confirm your source?
 
As far as I know,

The officer cannot approve the case unless he has the actual I-140 approval file that was sent to NVC. I don\'t think copy of i-140 works here. NVC does not keep a copy but is a docking station where your actual i-140 file papers are kept. Yes, if you did not apply for CP, then Officer would request for your file but request has to come from INS officer itself. Since your case has not been picked up yet, the I-140 file has not been ordered by the officer. This should not cause a big delay ,but may be 1-2 months. You can call up NVC and ask them if INS has asked for your file yet. But that is all you might be able to do .Hope this helps .
 
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