Talked to CSC regarding forwarding case to NVC.

update

After a long trial I could finally speak to a CSC officer last monday but that wasnt fruitful. She refused to divulge any information saying that only the attorney was authorized to make such an inquiry.
Our lawyer called CSC on friday as well as today.That wasnt successful either. Both the times they informed him that he should not be calling them until 90 days passed. If at that point the file did not reach NVC then he should. The officer seemed a little testy it seems.
The whole thing sounds so ridiculous. It is high time they wake up.
We are not sure what we should do next.
 
I am also eagerly waiting for this information

Can we file I-824 and go for AC140 event though we have approved 140 petitions for CP at didffent consulate.
 
My lawyer spoke to INS OFFICER (BVPSR, ELITEGROUP, CSC CASE ALL THREE ARE MY IDENTIES)

Also, I was finally able to reach the California service center. They told me that they do not send cases to the NVC every day.... they send them in batches. This is why the NVC has not received any cases from California since December 2001. However, the information officer assured me that he would post a message to the Region 1 Duty Officer to make sure your case is in the next batch. He suggested that I call back in a few weeks to verify. In the meantime, we can work on the forms.

April
 
targetgc and others

are you people still waiting for CSC to forward your case to NVC, or switched to AoS?

It is nearing 3 months since my I-140 was approved, wondering should I still wait or go for AoS?

Any inputs are highly appriciated.

Thanks,
MBM
 
i am not from csc.but i would have opted for AOS

Hi MBM,

I am not from CSC,but I think u should opt for AOS..because you can even take advantage of AC21 in AOS...and I heard that in calif,I-485 takes about just 6-8 months..

Shanks
 
hi mbm

Anyway you waited this many days,it is better
to compleate 90 days and then see what lawyer
will tell.At that time if you feel it takes more
time then you can decide what to do.this is just
my opinion
thanks
gckod
 
No Title

MBM and others,
   Though I am from VSC...my case is similar to you all...I posted my details in one of the mails here in this thread...
   Though repetitive, I will post once again...
     I-140 approved on June 4th 2001
     I-824 approved on Aug 29 th 2001
     NVC has given a letter saying that they have not received my case on Nov 10th (before 90 days).
     Based on this, my attorney called VSC and they told me to apply for duplicate I-140 since my original petition is lost.
    Duplicate I-140 applied - RD 11/27/2001
                              ND 11/28/2001

    Applied AC-140 to chennai on Dec 12 th reached Chennai on Dec\'16. I mentioned all this problems and hardships.
    Chennai rejected my AC-140 on Jan 31\'2002.
 
  At that time of filing duplicate I-140, I assumed that this will take no time since it is INS which has lost and no decision is required.Just they have to forward this file to NVC. After one month, my attorney called VSC, they told that it will come in the regular queue of I-140. I thought OK because I-140 processing is pretty fast in VSC...but till now my duplicate I-140 has not got approved...now, for regular I-140, VSC is processing Jan 20th cases...but my case is still in limbo....
   Whenever, my attorney or my employer calls the same standard answer...wait for one more month and then call....
   Today I heard that my colleague who got I-140 approval with me got 485 approval also.....
   
  Now, I am seriously considering 485 as even CP is taking 6 months(assuming that our cases reaches NVC tomorrow...).The following are the problems:
   i)VSC may issue RFE to know my actual intent since I applied for I-824...
   ii) if my case reaches NVC if my duplicate approval comes through...then they have to get the case back from NVC....and that might take couple of months extra.

 May be your cases might resolve more faster...but I am writing this mail as part of info sharing so that you can take better decisions...actually I am repenting now that I should have filed my duplicate I-140 with AOS option and applied for 485 simulateneously with original approval...

wishing you all the best...

thanking you,
raju
 
Thanks Rajum and gckod

Rajum after my I-140 approval I was in dilemma, should I continue CPP or go for AoS, as by then NVC had indicated of new procedure.

But I chose CPP, considering with new procedure also within 6-8 months I might get my GC. But it is not true..., I am also repenting now of having lost around 3 months of time for AoS, and now my attorney also is bit reluctant to redo the paper work for AoS. Since they had initially recommended AoS but I continued with CPP.

Once again, thanks for your input, I was wondering what NVC will do after 90 days, seems like even after 90 days once has to wait for INS to send the file to NVC, then there is no point in this 90 days wait period.

I got an update from my attorney that, "my case is on its way to NVC..", but I am not able to believe it anymore..

Even if it true, not sure how much time from now till getting the GC done as indicated in other thread "P3 -> NVC -> "
it seems like no case have been sent to consulte yet by NVC, even after 4-5 weeks.

Friends, what\'s your view on changing to AoS at this stage? What you are planning to do..?

Thanks,
MBM
 
Thanks for all your posts mbm,rajum,gckod. I am talking to my lawyer tomorrow about this.

I talked to the NVC operator yesterday explaining about the delay by CSC and asked her advice. She said there\'s nothing really we can do until the 90 day period and after that we have to reapply with the copy of original to CSC for a duplicate I-140. I am not sure about this procedure.

 Actually my lawyer has agreed to talk to CSC one last time after I forced him. I am also talking to him tomorrow to get his advice on AOS. If he is ok with it, then I am thinking of asking him to go ahead. At least I feel that way we can get the third stage started rather than just sit and wait for these jerks at INS to send our case to NVC.
And as mbm says , NVC takes 4-5 weeks to send a case to consulate after the review so it is no longer smooth as before.
 
No Title

targetgc ,mbm & others,
   I realised very hardly that 90 days has no meaning..NVC has simply issued a letter saying that they didn\'t had my file...
  I don\'t know whether it is fraud or not, I think one of the options for non-chennaiers is to file I-824. With that reciept notice, one can file AC-140.
   
   If you file 485, be prepared to wait for some more extra months as the file has to come back from NVC to CSC(or VSC).Because in the CSC(or VSC) records , the file has already left to NVC. The advantage of filing 485 is 6 month rule applies.Moreover, we are safe even if the dates retrogress.

  I have a question which I want to find out : Suppose now we filed 485 and somehow our file reached NVC and packet 3 comes to us...can we proceed with CP ignoring 485.
  My attorney is highly confused person and so I don\'t want to take his advice...I am trying to find out the answer for this....I appreciate any feedback in this respect...

thanks,
raju
 
Rajum, as indicatd by Rajeev Gupta

on the first page of this discussion board, I think you can switch to CPP anytime (that if you applied for I-824), INS considers one is no more interested in AoS...

just my 2 cents...

Thanks,
MBM
 
mbm, that is really good then, I can ask mylawyer to also prepare paers for AOS.

In the meantime if the case reaches NVC then as you say, I can proceed with CP right ? If it doesn\'t then i\'l go ahead with 485.
 
No Title

mbm,
  I appreciated your reply.Your answer seems logical and valid...I contacted one attorney and they said the same thing...but attorney was unable to answer the status question...like we applied for I-485 and got EAD...and in between hypothetically say that we abandon 485 for CP because our file reached NVC..then what is the status of EAD..then shall we need to apply for fresh H1 or validity of old H1 still remains....

  I talked to VSC IIO just now and she said that I can apply for I-485 and when the case is assigned to the officer, if our file is in NVC, they will request it and now-a-days, in VSC it is taking 2-3 months for getting the file.

With so much time wasted for me, I am rather clarifying each and every minor point because my assumptions always proved wrong...

thanks,
raju
 
Guys, Just spoke to our lawyer. He says that it is better if we file 485 also now.

He assured me that there is no issue in filing 485 when CP is also going on. He says at least the process will start in one channel.
 
case 1 :In the worst case, if the INS does not send our file to NVC even after 90 days , we can continue with 485.

case 2 : In case INS does send our file to NVC in between the 485 process, we can still continue with CP. My lawyer says the INS will request the file back from NVC but this will be only after 9 months and by that time the CP process should have been over.

Lawyer prefers case 2 and says we should continue with CP whenever file gets to NVC.

So my lawyer has asked me to get my HR\'s approval for filing 485.
He charges $4000 legal fees for this and my HR has to approve or else I may have to ask you friends to suggest a good lawyer.

So friends, you ma want to ask your lawyer about filing 485 too.
 
No Title

targetgc,
   Thanks for your feedback. I really appreciate it...

I forgot to mention one thing in my earlier mail..VSC IIO to whom I spoke also said the same thing...they will request the file back from NVC after the file has been assigned to the officer and that generally takes place after 6 months (after FP)

I think I will file I-485 at the earliest....

My feeling is that $4000/- is too high...Most attorneys do it for $1000/- . I am planning to do it myself. I don\'t see much complication in it.
On the lighter side , seeing the mistakes these attorneys make, at least I feel satisfied that I screwed up rather than attorney...

thanks,
raju
 
rajum, thanks for your reply.

my lawyer was probably going by the processing time at CSC when he said it will take about 9 months for CSC to request the file back from NVC. Vermont may be faster, anyway the point is, it is ok to do CP after the file gets to NVC.

So rajum I am glad that you will be filing yourself, I may need some details such as where to find forms, what forms to file etc. So if you can point me to these it will be great !
 
No Title

targetgc,
   I am finding out the exhaustive list of documents to be filed. To the best of knowledge, the following documents needs to be filed:
  
  a) Fill out the I-485 application. This application can be downloaded from INS site or there is fillable form in immihelp.com.

  b) Date of birth certificates

  c) take medicals and those documents.
  
  d) copy of I-140 approval.
 
  e) Two passport photos.
     
  f) I-134 Affadavit of Support

  I am not planning for EAD and AP. I will file after two or three months once I am sure I am going by 485 route.
  
   I will confirm the exhaustive list in a day or two...

thanks,
raju
 
folks, saw a post today about a case approved from TSC on Jan 15 and reaching NVC on March 6th.

So even TSC is better when it comes to forwarding cases.
 
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