RD 10/00 Finally Approved

Anastomosis

Registered Users (C)
Boy what a relief after such a long wait the 485 got approved. This was a Baltimore Xfer case where the I-140 was processed for CP. Will post details later. Shoot questions anyways.
 
Congratulations Anastomosis----Need your help urgently

My I 140 was also approved for CP and then I decided to go for AOS in US. Now I was not aware of any transfer of I 140 needed from Bombay US consulate until I saw your recent and previous messages. My impression is that my lawyer had my original I 140 which was approved on November 2001 and he sent it to INS to file AOS. I haven\'t contacted Bombay consulate nor NVC. So what will be the next thing I should do.??? And most importantly what kind of files they have to send back to NVC?? Any suggetion greatly appreciated.

Thanks and regards
 
Congratulations and a quick question

Is it only when a case is assigned to an officer, does the officer request for the file from the consulate or is already known and then requested before the case is assigned to an officer. An answer will be appreciated.
 
No Title

The best thing to do is to call NVC(the number is on their website)and find out if the case is sent to consulate. If so start the I-140 retrieval process thru the NVC. As a matter of fact the NVC requires us to send them a letter if we are filing for AOS after I-140 approved for CP. A lot of lawyers choose to ignore the fact and the I-485 approval gets delayed like it happened in my case--6 months. My I-140 was sent to Chennai and they were very good with e-mail replies and you want to check it out if your original I-140 was sent to Mumbai.

Best of Luck
 
No Title

I believe the case is requested from the consulate after the officer is assigned. In my case the case was trasnferred to Baltimore INS and they started the request for transfer of the fie after my interview and it took them ~ 6months!!
 
C o n g r a t u l a t i o n s !!

C o n g r a t u l a t i o n s !!C o n g r a t u l a t i o n s !!C o n g r a t u l a t i o n s !!C o n g r a t u l a t i o n s !!
 
Thanks Anastomosis .. Can you be more specific ??

But My I 140 is with my lawyer . He didn\'t send it with packet 3 to US Consulate in Mumbai. So now what are the documents should I request from Mumbai US Consulate to NVC??? I spoke to NVC operator and looked like he didn\'t have much idea. He told me I don\'t have to do anything when INS need documents it will contact Mumbai US embasy which I don\'t agree with. Please provide more info about whom should I request the my documents and what are they??? Please Help.

Thanks and Regards
 
Please clarify dates

You mentioned your interview date was 10/31/01 - I am assuming that\'s when you were interviewed - what took them so long to adjudicate on 05/02/02 - I thought you go to an interview and they take decision/action right then and there, guess I am missing a point here!!

Thanks.
 
Hi Anastomosis

Thank you.
Mine is also approved for CP. This I came to know after applying for AOS in Aug 2001. Infact after the approval of my I-140 in Aug 2000, my company sent me the reciept. I don\'t know about these packets which some people send/recieve to/from NVC and etc..While applying I-485, I have sent all the requested information to company attorney and kept quiet. Later came to know that my I-140 is approved by CP. I have no information what attorney send to INS. I have my I-485 and I-140 reciept notices with me. I am hearing the new word "packet" from a while here in some of the discussions. Also I haven\'t heard anything about my CP interview also.So I have no clue what is going on with my I-140.

Am I missing anything here in this process? As everyone know INS is approving cases from Jan to Sept 2001, is it necessary to call NVC about my I-140, as I am an Aug 2001 filer? Please let me also know about this packet theory.

Any comments are appreciated.
 
thats real patience

Huh...that must have been a hell of a wait....

Go get some Vodka and get drunk in u\'r appartment.

You probably need throw a party soon...

Have fun! Congratulations!

NJ-485
 
gcFunWaiting, some details about CP (from immihelp.com)

Not sure if you are already aware of this... Posting it anyways...
***
When your I-140(Petition for Immigrant Worker) is approved, you can either file Adjustment of Status(I-485) within US, or undergo "Consular Processing", which involves processing for permanent residency through the State Department. In consular processing, the interview for an immigrant visa takes place at a U.S. embassy or consulate located (with some exceptions) in the foreign person\'s country of nationality.

If an alien is already present in the United States, seeking to adjust his status is generally the preferred method since the Adjustment of Status applicant whose case is denied may challenge such denial through the administrative and/or judicial appellate processes. Denial of a visa a U.S. Consular post, however, is essentially a non-reviewable, non appealable order; there are limited exceptions that may permit review. In addition, Visa processing at a consular post abroad also involves the additional time and expense of traveling overseas and may further prolong the separation between family members. The Adjustment of Status applicant may reside in the United States, obtain employment authorization, and a travel document until his case is processed, reviewed, and completed by the U.S. INS.

Recent delays in I-485 processing have encouraged lots of candidates to apply for consular processing abroad, as it is faster and easier. Please review both the options very carefully before going for one or the other, as individual circumstances may vary.

There are 3 ways to do consular processing for employment based immigration. First and the simplest/fastest is to indicate while filing I-140 application that the person would do the consular processing near to his/her permanent address in his/her home country. If you specify in I-140 that you are already in US and would do adjustment of status, and later change the mind to do consular processing, you have to file form I-824(Print 2 sided on short edge) with INS which sends the information about your I-140 approval to National Visa Center in Portsmouth, New Hampshire. That office then makes an electronic copy of the petition and forwards it to the consular post. NVC will also create a case number and send "Instruction Package for Immigrant Visa Applicants." (Formerly Packet 3) to the candidate. Filing of I-824 can delay the processing considerably. The third option (which is not available to everyone, described below) is to do Attorney Certified I-140 (AC I-140) which can save lot of time.

Person who is already legally in US can remain in US until the time of interview and medical examination at a consular post. Even if the person is outside US at the time of applying, he/she can come to US if he/she has valid non-immigrant visa. Persons who go for consular processing would need to go to their home country for usually about 1 week to 10 days for the medical examination and interview.

Consular processing can be done even if you are using EAD, as long as you didn\'t file I-485 just for the sake of getting EAD and then promptly apply for CP. That way you abuse both the systems and invite otherwise avoidable problems.

As of December 2001, immigrant visa packet system has been eliminated in favor of new system.
Packets 1, 2, 2a, and 3a no longer exist.
"Packet 3" has been renamed "Instruction Package for Immigrant Visa Applicants."
"Packet 4" is now "Appointment Package for Immigrant Visa Applicants."
"Packet 4a," which is the mailing that initiates the termination process, is now "Follow-Up Instruction Package for Immigrant Visa Applicants."

The old OF-169 (Checklist of Documents), which was renamed DS-2001 in 2001, is now a redesigned information sheet entitled "Instructions for Immigrant Visa Applicants." This document is part of the new "Instruction Packet for Immigrant Visa Applicants." The DS-2001 has been redesigned as a one-page optional form to be used by applicants or their agents to notify post or NVC that they are ready for interview.

The DSL series information sheets are obsolete and should no longer be used.

Source:http://www.immihelp.com
***
 
Do not copy like this

I believe that you should not copy the information from other web sites and post it on discussion boards. First the purpose of the existence of other web site is lost. And second, you may not be giving latest information to others in case rules change and other web site is updated.
 
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