\'Pending\' discussion again (IMPORTANT)

Hi Long way and others

Hello all:
I just checked the AVM at NVC and listened to the message
again. It is like this almost verbatim:
------------------------
A packet of form and instructions has been sent out to attorney of
records on August 14, 2000 ragarding further processing of this
petition. A packet 3 must be completed and returned to US embassy or consulate at Mumbai in order to schedule an interview. If you have
not received packet 3, please contact NVC.....Please do not contact
consulate or embassy directly...

--------
I guess the packet 3 has been sent out to my lawyer but I do not
know anything about it.

My I-140 approval has 4 paras. It is as follows:
------------
The above petition has been approved. We have sent it to department of NVC. NVC processes all approved immigrant petitions that need consular action. It also determines which consular post is the appropriate consulate to complete visa processing. The NVC will then forward the approved petition to that consulate.

This completes all INS action on this petition. If you have any question....blah blah blah...

The NVC will contact the person for whom you are petitioning concerning further immigrant processing steps.

This form is not a visa nor may it be used in place of visa
----------------

Guys: do you think its for CP or AOS ?

I will keep you updated.

Amal
 
No Title

Hi
After going though all the messages I think the last post by OCT2000
makes sense..my attorney got the packet 3 but he filled I-485 for
AOS as there was a choice even at that stage. My lawyer is extremely
good/helpful..so I will assume she did not act in any harm\'s way.
But I will still check up all the sources again and will post here.
 
No Title

Amal,
It seems that your I140 was approved for CP and your lawyer has received packet 3 also. Certainly, though approval is for CP, you can file CP or AOS. These whole discussion is centered around to find out what could be the possible reason for cases being PENDING? That means some of the cases filed after us are getting approved and our cases are either pending or not assigned to officer. We have to find out if I140 is approved for CP and AOS filed then, would that be contributing factor for the delay? If yes, then knowing the fact what are the measures one can have to expedite the process?
Otherwise we all have to go long...way...
 
No Title

Hi long way:
I agree with you completely in your analysis.
My I-485 ND is 8/21/00 and has been assigned to officer
for last two months. I think, for people whose I-140 was approved
for CP but they applied for I-485, the delay in tying up
the I-140 papers with I-485 papers is causing the delay
in final approval..now what can we do to speed up things ?
Now thats a 64 milliond dollar question considering
the track record of VSC.
Good luck guys..I will keep you updated !!!

Also the status of PENDING and ASSIGNED are not clear
or certain to anyone on this forum. This discussion
is specifically centered around people with PENDING
status in I-485. But my I-485 is ASSIGNED to officer but
the end result is same as like the people in PENDING
status i.e. waiting and waiting and waiting...
Now go figure whats the difference between PENDING and ASSIGNED !!
I am sick of this whole mess..not much different from
socialist red tape systems !!!
 
What next ?

Some folks have filed for AOS while the NVC sent the papers to a Consulate for CP. Presumably, in the future, the following will happen:

1. AOS application is picked up for processing
2. Officer discovers file was transferred for CP
3. Officer sends a request for file to NVC/ Consulate
4. AOS file (re)gathers dust while NVC/ Consulate respond

CAN WE DO SOMETHING TO AVOID THE ADDITIONAL DELAY IN STEP 4 ?

Would much appreciate if someone can check with an attorney and post any proactive steps we can take.
 
No Title

I agree with long_way that the intention here is to find out what could be a definite reason to this \'pending\' status. This will help us and those who are headed our way later.
Even for people with I-140 approved for consular and AOS applied there are certain variations. Here are the variations we have seen so far for what should be similar situations.
case 1 - The NVC said that they have not received the I-140 approval at all. This is the response that i got. I am hoping that INS never send it to NVC when they got my I-485 application (I dread to think of any other scenario - \'lost in the mail\').
case 2 - kp h\'s case. The NVC said that the I-140 was send back to INS in Jan 2001. This is good since it might be an indication that the scenario we are discussing is not the reason for \'pending\' (delay).
case 3 - sbk\' case. The NVC said that the file was transferred to Mumbai consulate in Dec 2000.
I don\'t know if anyone else has received a different response. I think we all should wait until everybody finds out from different sources more info (NVC, your own lawyers, friends etc). I will talk to my lawyer on monday. Hopefully, we can come to a definite conclusion this week.
 
Hi, here is what I-140 approval for AOS says:

The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. ......

This is in my I-140 approval, to be safe , I also checked NVC\'s AVM,
and my EAC# couldn\'t be found which means they never received my I-140 approval files from VSC , my I-140 was approved in July 2000.

My paralegal did fill out my foreign address in #2 , she also checked
#1 which means I opted for AOS. therefore, I guess filling out foreingn address shouldn\'t be the cause of getting I-140 approval for CP, as long as you checked #1 for AOS, you should be get AOS option in approval.

Now I feel better , at least don\'t need worry about the file transferring back to VSC thing.

This post is just for your information, in case you would like to know what\'s the difference between CP and AOS option in I-140 approval.
 
mine also says sent to NVC

After seeing all these discussions I checked my 140 approval and it says my approved petition is sent to NVC and NVC will sentto respective consulate. To my knowledge I have not opted for CP when applied 140. Anyway I called automated number of NVC and according to them forms and instructions are sent to attny and attny has to sent those to consulate in India. I did not get a chance to check with my attny in this matter. But I am confident that he will not send to consulate in India. I do not know in this situation what he would have done when he applied my 485. According to the message the packet was sent well before he applied my 485 almost an year back.
Hoping that he would have done the right thing. May be because of this I have not received any FP yet? who knows! (my ND is 10/00, EB2)
 
check with your lawyer and post results.

I am guessing here that approved petition will transfered from NVC to visa consulate directly and lawyer will submit on behalf of us in packet3 receieved from NVC, if one opt for CP. As you have opt for AOS your lawyer must have not send papers to India but, it might be possible that your approved file have been transfered from NVC to India as you have about one year gap between I140 approval and 485-AOS application. This also could be reason for not getting FP yet. Have you spoke to IIO any time about FP notice? My ND is 10/00 and appeared for FP on 12/00 and re-fingerprint for my wife in last week of 06/01.
You should talk to your lawyer for this matter. Good Luck!!
 
NVC Process after I-140 approval

-After your 140 is approved, INS sends it to NVC if INS wants the person to go for CP(due to illegal status etc.) or if specified/opted on 140.
-NVC sends a letter to the applicant that they have received the file
from INS and sends a document for us to sign for further processing.

IF PEOPLE DO NOT FILL OUT THIS DOCUMENT OF CONFIRMATION AT THIS STAGE, THE FILE GOES BACK TO INS.

-If the applicant sends the confirmation, NVC sends packet-3 to either
the beneficiary or lawyer as specified on the above confirmation.
-The applicant then sends pkt-3 to the consulate in India, and interview is scheduled.
-The consulate sends the packet-4 to the applicant with interview date and documents to bring plus medical info etc....
-If everything goes fine at the consulate, the embassy stamps the visa and fingerprinting is done at the POE(port of entry).

Timing:
to get pkt-3: 6-8 weeks.
to get pkt-4: after sending pkt-3 and PD being current, 3-4 months...

I\'ve been through all this and at the last minute after I received my interview date from India, I found out that my wife will not get it as she is on J-1 visa....I confirmed it from Mr. Khanna.....Then I talked to an IIO at VT, and as advised by her I filed 824 to get my file back to INS-VT.....I don\'t know how long it might take now for 485 process and I guess a lot depends on the adjucating officer...

Hope this helps.....
 
Hi GC-Project and others

Hi
You have mentioned that if applicant sends confirmation to
NVC about CP then only they send packet 3 to lawyer. But can you
please confirm if this the case always because
I had not sent out any confirmation
to INS for CP. But still AVM at NVC says that a packet 3 has been
sent to lawyer. It may be that NVC sends packet 3 anyway to everyone whose I -140 was approved for CP irrespective of the fact whether
the applicant will eventually go for CP or not. Because then you can still back out and go for I-485 by not sending the packet3. Of course its my theory. I have to confirm with my lawyer. But I beleive that she has not signed and sent out any
confirmation to INS for CP or sent out packet 3 to consulate without
telling me. If so that will be real mean and ugly. But she
is my company lawyer and has very good track record handling many such company cases.

Just FYI:
As for my I-140/I-485, I filed I-485 before my I-140 got approved.
Last year there was a class action law suit won by some Indian and as a result of this class action law suit
everyone in EB2 with BS+5 or MS+2 years of experience could file
I-485 without waiting for I-140 to get approved. I took advantage of this class action law suit. So my I-485 RD is July 28,2000 but
I-140 was approved later on August 14 and I-485 ND is 8/21/00.
My FP is 11/22/00. EB2/RIR. PD:6/99
After my lawyer received the approval letter of I-140, she
sent the copy of it seperately to INS to tie up with my I-485 that
alreday had been submitted.

I will keep you guys posted.

p.s: I just talked to one of my collegues who got approved (AOS)
in last June. He said that his I-140 approval read exactly same
as mine. It\'s same company lawyer who did for him and also doing
for me now. He asked lawyer about this at that time and she said that
its nothing to worry about and everything is taken care of (??)..
My friend did not bother her much more after hearing this
as she is pretty big/well establsihed lawyer and like him, I also hope
she has done right thing for me too ..still I will check with her
office tomorrow.
Thanks guys.
 
thanks gc project for your info.

It seems that we all be ok per thread added by gc projet. Anyway, let us still clear our doubts with NVC and Lawyer. Urging everybody to post the details here.
 
Mr Gc Project

What needs to be filled in I-824 it\'s all confusing, also can we
file this at local INS with out the lawyer help
 
Hi again

Please confirm from your lawyer and he must have sent the confirmation as I mentioned to NVC
to further process the case......NVC will not send out pkt-3 unless they receive the confirmation.

Friends here(at the portal) and my lawyer all told me not to file 824...but I checked with INS and mailed it....In the form
I checked at option 2 and wrote this on the blank line: Request to move the file from Mumbai consulate to
INS-VSC, Vermont.
 
clarification

Hi getGCin2002,

When u say \'my foreign address in #2\' and \'she also checked
#1\', what form are you talking about?

I checked my 140 application, I don\'t see any thing in part 1 and part 2 which is close to what u are talking about. Probably I\'m looking at the wrong form. Can u clarify?
 
Clarification for GC Project

I did some research on CP/AOS and found the following on imminfo.com

When you 140 is approved for CP (either intentional or through mistake) it is forwarded to NVC. Now one of two things can happen:

1. Your PD is current at that moment: In this case NVC sends packet 3 to lawyer and simultaneously forwards some papers (not clears what papers, whether original or copies) to respective consulate without seeking any confirmation from applicant/lawyer.

2. PD is not current at time of 140 approval: In this case NVC holds on to approval till PD becomes current. When PD becomes current NVC will send a notice to applicant/lawyer asking whether they want to do Cp or AOS and then act accordingly.

I think GC projects case is in cat. 2 while most of ours is cat.1

GC project: I have a question for you.Who recieved the confirmation doc. you or lawyer? Did you have to sign it or could the lawyer have signed it on your behalf. What I am trying to find out is whether my lawyer (he always acts on my companies interest, not mine) could have received and sent back the confirmation without my knowledge.
 
Gc Project

What is the point in filing the 824 ,they processeing these
type of appl around Apr\'01 and will take 3-4 months again
thanks
 
I agree to sbk\'s point no.1 - just called NVC...what to do next?

I just called NVC rep. and per them packet3 was sent to my lawyer on 20th August,2000 (which is not received by my lawyer) and NVC has sent all papers to US consulate, Mumbai on 31st August,2000. NVC rep. said me that they are not looking for any confirmation from lawyer/individual, they are sending all papers to respective US consulate in your native country. They are not keeping any paper/copy with them. When I asked her that I have filed my AOS here and what will happen? She replied that if INS needs the papers to process your case then they will get it from US cons., Mumbai.

I have filed my AOS in 2nd week of september and my PD was current when I received I140 approval on 3rd August,2000.

It is apparent that, this might be causing "DELAY" in approval of I485 if INS doesn\'t have my I140 papers with them.

I will call my lawyer and find out what to do next?

Guys, do you have any other suggetions?
 
in I-140 petition form , Part 4: Processing information

Hi Sabe,

I am talking about the actual I-140 petition form( 2 pages) not the approval notice , on second page, in Part 4: Processing information A. there are two check boxes, if you put check mark in first one , then you opted for AOS, my paralegal also filled my forein address next to the seconde check box but she didn\'t put check mark in second one.

My point is if the first check box has check mark in it, you will get
the I-140 approval notice says you are in US and will apply for adjustment of status.

Hope this clarify your question.
 
I-140 approved for CP and Filed I-485 for AOS

My I-140 was approved for CP and my papers were sent to Delhi consulate on Oct 18, 2000.

I filed I-485 in Jan 2001.

I called NVC and they told me that INS will request for my file from US Consulate in Delhi and there is nothing I can do to speed up the process. I know somebody is applying through I-824 to get it expediated. Hope it works for you buddy and do let us know how you do.

Ish
 
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