Strategy for I-140 approved for CP but filed for AOS

I-485; but I-140 is at Consulate

I-485 pending; Waiting to get I-140 (approved for CP) from "storage"

Contacted NVC & Chennai consulate. My I-140 is in at Chennai.
They say INS has to request to transfer the case from Chennai to VSC.

Would the INS automatically know that the I-140 is at Chennai?

Would the transfer to VSC from chennai happen automagically without me having to correspond with the INS/NVC/Consulate ?

Could an IIO help ? or could I file some INS form to make them aware of the situation.

[ NVC automated info line says my attorney had been notified in Dec 2000 & a packet-3 had been sent to the attorney!! but my attorney did not let me know about it even at the time of filing I-485 .
So NVC must have transferred my case to the consulate as default.]

I will appreciate any tips to help get me out of this mess .

Thanks

GR66

PD March 1997
RD Feb 15 2001
ND Feb 26 2001
FD July 2001
I-485 Waiiting for I-140 to come from "storage" since Nov 15 2001
 
Here is my understanding about why INS wants I-140

It is actually not the approval (I-797 ) itself but the I-140 immigration petition form when your lawyer or your employer sent to INS on your behalf, I think INS wants it is because it has all detail information regarding your job, such as salary, job description,
job location, company info , etc, when IIO adjudicate your 485 , he/she is supposed to look at the original petition , then match it with your labor certification, and your latest employment letter before your 485 can be approved, 140 approval alone doesn\'t give so much details , it just says whether you\'re EB1 or EB2, EB3.

Once you choose CP on your I-140 petition form, approval along with original petition will then be forwarded to NVC , NVC will forward it to Consulate. In this case, INS most likely will not have the copy of your 140 petition but just a record of your 140 approval , but if you choose AOS on I-140 petition, then INS has everything on file.

That\'s why we see AOS I-140 people got 485 approved faster than those CP 140 cases.

This is just my 2 cents, but I got this proved actually through some of my friend\'s experience. Any other thought ?
 
From another discussion...

People who opted for CP in I140 are most likely to face delays
gcsick - 11:14am Dec 13, 2001 EST

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 :)
 
No Title

No. In my case I-140 is CP ( I just realised from copy of I-140, whixh I never asked my attorny to do)and I got my FP done during first week of NOV after I filled for I-485 during July 2001(RD July 23/01). May be the dealy in approval. I knew 4 case who have I-140 CP and applied for I-485 during July and got their FP in NOV.
 
FP date has nothing to do with whether it\'s 140 CP or 140 AOS

Starting October 2001, INS begin to use a new automatic system to schedule FP based on 485 RD and applicant\'s home address,
in the past , FP was scheduled mannually.

So those FP got delayed is most likely because their local Application Support centers are too busy , e.g. has a lot immigrants-to-be.
in the community , such as New York or Newark.

140 approved for CP or AOS is the deciding factor in 485 approval process. some IIO might be nice and not insist getting the original
140 petition back from NVC or consulate , cases falling into those IIO\'s hands will get approval same speed as 140 AOS.
 
No Title

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 you I-140 and return it to INS on its request. If not, after 90 days it will send it your consulate abroad.

Immigration lawyers are aware of it.. They are just too LAZY to send the letter.
 
Once you choose CP on your I-140 petition form, after approval how long it is taking for INS to forw

 
 
NVC sends the case to consulate immediately after sending Packet 3....

so it may be too late even to respond after receiving packet 3.

Think the attorney has to be proactive - needs to send this letter to NVC or talk to NVC as soon as I-140 is cleared.
 
Call US Embassy

Has anyone called their respective US embassies and asked to get their packet 3/I140 files sent back to NVC??
 
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