People who opted for CP in I140 are most likely to face delays

G

gcsick

Registered Users (C)
I am reaching a conclusion from all the postings that I have seen that, if you opted for CP in I140 then there are 80% chances that you will see a delay in processing for FP or approval. The mail delay has been most significant recently and so these delays are more visible now. People with I140-CP option with RD around June-July-2001 are most likely waiting for FP notice :)
 
only if your lawyer screw it up and the case was sent to oversea

from most of cases I know, the package was returned to INS by NVC if lawyer handled it correctly
 
What you mean by "lawyer handled it correctly"

My packet 3 was sent to my attorney and was instructed to fill it up and send it to the consulate at my country. But me or my lawyer never paid attention to the packet 3 whether it reached to him or not. I went ahead and filed for AOS. The packet 3 never reached to the consulate at my country because we are the one who were suppose to send it.
Do you think it had been handled properly ? Or lawyer needed to do something else?
 
The lawyer didn\'t sent anything to consulate

I am positive in my case the lawyer didn\'t send anything to consulate.
However there is still a delay because the your file goes to NVC directly there is no control over it. Now INS has to get it back which is in simple words a delay of 4 months.
 
Lawyer needs to be more knowledgeable

All the LAWYER needs to do is to send a response(letter) to NVC on the receipt of the packet 3 saying that YOU are OPTING for I-485.

On receipt of this letter NVC will Keep your I-140 and return it to INS on its request. If not, after 90 days it will send it to your consulate abroad.

Immigration lawyers are aware of it.. They are just too LAZY to send the letter.
 
lawyer needs to send letter to NVC, not consulate

lawyer has to say that you opt for AOS then NVC will return your case back to INS
 
Yeah the lawyer did send letter to NVC

The lawyer did send a letter to NVC requesting to send the file back to INS, but as per lawyer NVC doesn\'t always respond promptly to such requests. It waits for INS to send request resulting in delays.
 
did you call NVC

to find out where your files are now? I was told by NVC that my files were sent back to INS in May 01.
 
any letter needed on INS side?

My idiot lawyer mistakenly sent my case to NYC office, which ended up that NYC made a mistake again and forwarded my case to National Visa Center instead of Vermont. I didn\'t know about this and have been waiting for more than 3 months when I still haven\'t received anything, then I called VSC and found they had no records at all about my case. After hundreds of calls to everywhere, I finally found out the truth. My lawyer said they have just sent out the letter to VSC asking them to forward my case to VSC, what an idiot!
I don\'t know how it\'s going to take again to make it just right. I haven\'t gotten my EAD, AP. Can anybody advice me, please???
 
So there are other victims also..

I think its fair to give the credit to lawyers for this delay. I have been trying to all INS but for some reason the line is always busy or I don\'t know - probably out of order
 
what\'ll be the RD/ND when case tranfrered to VSC from NVC?

if case transfered from NVC to VSC, will the RD/ND be regenerated by VSC, and treated by VSC as new case???
 
Nope the RD/ND dates won\'t change

The RD/ND dates wont\' change or be regenerated but they have no meaning, because if you look at the board other people with same RD/ND dates are moving ahead. We are put in special category and labelled as "data pending"
 
interesting note from abhiyant on this forum -- FYI

I just spoke to a really nice IIO in a long time. He was nice enough to tell me that the reason for delay in my case is on account of I-140 being approved for CP. He said they have to retrieve the I-140 file back.

He was kind enough to confirm that in my case the file is back. Looks like VSC is asking for file back in majority of cases.

I called NVC after that and was surprised to find out from a officer there that VSC can request the file directly from Consulate without going through them!!! This is news as I have always been reading that VSC requests file through NVC.
 
Called NVC

I spoke with a nice lady. That fact, as she told, is as follows:

 INS does not alway get back I140 package when it reviews your 485. Sometime they do, sometimes they don\'t. Sometimes they request all the package, sometime only some items in 140 package. This is why some 140-CP approved 485s get no delay, while others do.

 In any case, it is a good idea to ask NVC to keep your 140 package, since NVC is the primary for INS to get 140.
 
Hey Heidi

Heidi,
  Its almost six months back NVC sent Pkg 3, i dont know my lawyer received it or not. I came to know about my I-140 was done for CP only after i got my EAD and AP.
  Is it good idea to write a letter to NVC now, and saying that i have filed for AOS?

Any inputs......
 
It\'s your lawyer\'s responsibility to..

write a letter or call NVC regarding your 140CP and 485AOS. Whatever the lawyer prefers, NVC needs to be informed it is requested to hold 140 package. NVC is more easily reached than INS, not only by phone but also by mail (I wrote a letter and got replied within 3 weeks).

Good luck.
 
How many of guys had a delay in FP notice ?

I see a delay in FP notice itself forget about actual approval
Looks like I will complete 5 with PD in May 88
 
You must log in or register to reply here.
Top