Receipt/EAD Tracker DECEMBER - 2001!!!!***

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Edison_NJ, nobody knows for fact how much delay it will cause. My guess is that it depends on the officer assigned to ur case. He has to request the file from NVC or Consulate depending on where it is located.
 
Receipt notices

Your lawyer may have already received it. You may ask your lawyer to send you a copy of the notice.
 
No need to worry if you have filed I-140 for CP............................

Here is my question and the response I got from "Ron" in the website www.imminfo.com

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Topic: CP processing (3 of 4), Read 43 times
Conf: Consular Immigrant Visa Issues
From: Edison_NJ
Date: Thursday, January 03, 2002 05:20 PM

Ron,
My I-140 was approved for CP. But I applied for AOS now. I heard from my friends that it would delay the process because the file would have been already sent to the consulate. Can we let NVC know that I applied for AOS and do not want my file sent to consulate ?

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Topic: CP processing (4 of 4), Read 34 times
Conf: Consular Immigrant Visa Issues
From: Ron Gotcher
Date: Friday, January 04, 2002 08:03 AM

That is unnecessary. Once the NVC images a file, they return it to the INS. If the INS does not have the file, for any reason, they will ask for it back. Your AOS application will not be delayed at all because of this.

Ron Gotcher
The Gotcher Law Group, PC
Attorneys at Law
15300 Ventura Boulevard., Suite 507
Sherman Oaks, CA 91403

Tel: 818-990-4922
Fax: 818-990-4964
e-mail: JRG@Gotcherlaw.com

Notwithstanding any express or implied comments in the body of this message, nothing herein should be construed as legal advice, solicitation of legal services, or the creation of an attorney-client relationship. If you have a complex problem, you should seek individual legal representation from a competent immigration lawyer.

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Post New Topic | Reply to: "CP processing"
 
Need help....awaiting on 485 and EAD expiring!

Hi folks!

I’ve been told of this site not too long ago and it’s great. I do have a problem and I don’t know who to turn to…my lawyer sure ain’t helping me much.

Here’s the deal:

A year ago, we applied for the 485 in Vermont, and received notice on 01/08/01…everything was going smooth till November 2001 where I received a RFE asking for an employment letter which was sent and received on November 23, 2001. As of today, I’m still awaiting on the approval but here’s the PROBLEM. My EAD card is about to expire on 02/14 and I don’t have a current H-1B visa because my lawyer told me that we didn’t have to renew it because of the EAD card… My lawyer also forgot to tell me that I had to renew my EAD card 90 days before it expires even though I had been asking her what to do because it was expiring. I live in San Jose and don’t really know what to do…..Does anyone have any suggestions, can someone help me… Does anyone have any experience in obtaining an Interim EAD card from a different local INS office? (Vermont vs. San Jose)

Regards,
TS
 
Edison_NJ, Arup and others with CP based I-140

Notwithstanding attorney Ron\'s email reply, there is a very high degree of correlation between 2-4 months AD delay and CP-based I-140. This itself should have prompted the corporate attorney to NOT take CP route for I-140 - or am I missing something!!

I spoke with IIO and explained my situation - I was told that it all depends on the IIO who will be subsequently handling my case. This again puts me in an uncertain situation - something I believe no one likes to be in.
 
Zambia, Not convinced...............

I am not totally convinced with Ron\'s reply but it gives some hope. But anyway, we will track our cases very closely.
 
Here is the response from Attorney "Sheela Murthy" about I-140 for CP............We should

Chat User : Can I file my I-485 (AOS) although the I-140 Notice of Approval is for CP? Or do I have to ask INS for another Notice of Approval (AOS)?

Attorney Murthy : One can file for the AOS even if the notice states CP, but it is a good idea to contact the NVC to ensure that they do not send your package to the foreign country consulate or if they have already sent it, that they get it back. Often they will speak to you over the telephone or you can write to them.
 
As a standard process NVC sends the case to consulate even before..

the attorney receives Packet 3. Besides a lot of applicant don\'t even know that their I-140 is CP-based and once we realize, the case has already been sent to consulate by NVC.

The problem originates when the I-140 is filed for CP - and yet attorney choose this route. I wonder whose interest it serves!
 
My file was sent to consulate on Dec. 05, 2001 (I-140 approved for CP on Nov. 01, 2001)

I spoke to an officer/representative at NVC today about my file. She said that my file was sent to Mumbai consulate on Dec. 05, 2001 (I-140 approved on Nov. 01, 2001). She said there are two options:
1) Call Mumbai consulate and ask them to send the file back and she gave me the Mumbai consulate phone number to me.
2) Call INS and inform them the situation (I-140 approved for CP but applied for AOS) so that they will request the file from the Mumbai consulate immediately.

Here is the reply from "RON" (www.imminfo.com):
You certainly may do that. You may also let the INS get the file back, which is more efficient. I know that many people have trouble accepting this, but most of the advice that you get over the telephone from federal agencies is worthless. The people who answer calls are not very experienced and do not give solid advice. A few years ago, the Government Accounting Office audited the INS telephone information service and found that INS telephone operators gave "correct" answers less than one third of the time.

I AM TOTALLY CONFUSED NOW.
 
Edison_NJ: Members of the forum are your best resource because..

they go through the process. I am in a similar situation and have spoken to the IIO. IIO said that the need to get the file from consulate entirely depends on the IIO eventually handling your case. Therefore we do notice a few CP cases getting timely approval. But take all steps suggested by Ron - I am not sure which one will work. This process is totally unpredictable. May be the consulate will send your file back. You may also ask VSC to ask for the file back - but they will do it only when your case is ready for approval. I was totally mislead - and even till this day folks in control are playing games. I will keep the forum posted on the steps I decide take to avoid the delay.
 
EAD approved on 01/08/2002; MD: 12/07 RD: 12/10 ND: 12/14

EAD approved for both me and my wife. I just checked the AVM.
 
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