Here is the content of I-140 approved letter:
“The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The information submitted with the petition shows the person for whom you are petitioning is not eligible to file an adjustment of status application at this time.
Additional information about eligibility for adjustment of status may be obtained from the local INS office serving the area where the person for whom you are petitioning lives.
Until the person for whom you are petitioning files an adjustment application or application for an immigration visa, this approved petition will be stored in this office. If the person for whom you are petitioning decides to apply for an immigrant visa outside the United States based on this petition, the petitioner should file Form I-824, Application for Action on an Approved Application Petition, with this office to request that we send the petition to the Department of States National Visa Center (NVC).
The NVC processes all approved immigrant visa petitions that require consular action. The NVD also determines which Consular post is the appropriate consulate to complete visa processing. It will then forward the approved petition to that consulate.”
Info for application:
Category: EB2/NIW/Self Petition (no attorney and sponsorship from employer)
RD: 09/2005
PD: 10/2005
CP/I-485: waiting for visa current
Here are my questions concerning my case:
1. Since I had indicated in the I-140 application that I would apply for an immigration visa at a US Consulate abroad, instead of that for adjustment application, why does the letter claim that I would apply for the adjustment? Is this because of my current stay in US, or is the letter a generic one for all applicants living in US without consideration of the request shown in the petition or did INS make an error in drafting this approval? If there exists an error with the letter how could I let INS correct it based on my request in the initial petition?
2. I talked to NVC people earlier about my file status and was told that they did not have record in their system at all. Is my file still in INS, waiting for visa in current?
3. Should I have to forward Form I-824 to NVC for visa application abroad, if I still prefer to visa application?
4. If I change mind to file an adjustment application, should I have to inform the change to INS?
5. To your experience, in comparison of CP and I-485, which one should I choose to file at this moment? (I can consider changing prior to visa in current). Is it true that currently the processing for I-485 is much faster than before which leads to the same length as for CP?
6. Can I switch to a new employer now even though I have not filed CP or I-485?
Thank you kindly for sharing your opinions.
T80
“The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The information submitted with the petition shows the person for whom you are petitioning is not eligible to file an adjustment of status application at this time.
Additional information about eligibility for adjustment of status may be obtained from the local INS office serving the area where the person for whom you are petitioning lives.
Until the person for whom you are petitioning files an adjustment application or application for an immigration visa, this approved petition will be stored in this office. If the person for whom you are petitioning decides to apply for an immigrant visa outside the United States based on this petition, the petitioner should file Form I-824, Application for Action on an Approved Application Petition, with this office to request that we send the petition to the Department of States National Visa Center (NVC).
The NVC processes all approved immigrant visa petitions that require consular action. The NVD also determines which Consular post is the appropriate consulate to complete visa processing. It will then forward the approved petition to that consulate.”
Info for application:
Category: EB2/NIW/Self Petition (no attorney and sponsorship from employer)
RD: 09/2005
PD: 10/2005
CP/I-485: waiting for visa current
Here are my questions concerning my case:
1. Since I had indicated in the I-140 application that I would apply for an immigration visa at a US Consulate abroad, instead of that for adjustment application, why does the letter claim that I would apply for the adjustment? Is this because of my current stay in US, or is the letter a generic one for all applicants living in US without consideration of the request shown in the petition or did INS make an error in drafting this approval? If there exists an error with the letter how could I let INS correct it based on my request in the initial petition?
2. I talked to NVC people earlier about my file status and was told that they did not have record in their system at all. Is my file still in INS, waiting for visa in current?
3. Should I have to forward Form I-824 to NVC for visa application abroad, if I still prefer to visa application?
4. If I change mind to file an adjustment application, should I have to inform the change to INS?
5. To your experience, in comparison of CP and I-485, which one should I choose to file at this moment? (I can consider changing prior to visa in current). Is it true that currently the processing for I-485 is much faster than before which leads to the same length as for CP?
6. Can I switch to a new employer now even though I have not filed CP or I-485?
Thank you kindly for sharing your opinions.
T80