who is goofing up, INS or our ATTORNEYS ?????????

R

ramukesi

Registered Users (C)
Dear friends, please could U all share this here, regarding our I 140 s are approved for CP even tho some of us have asked our attorneys to file for AOS/I485, why this BLUNDER HAPPEND TO MOST OF US HERE, who is responsible in doing this, INS or our LAZY ATTORNEYS ???

In my case I have specially asked my attorney to apply I 140 for AOS not CP, for some reason it was approved for CP, and my attorney sends me a copy of I 140 after 1.5 years, and he cooly applied for I 485, and he did not bother in stopping my file going to CHENNAI CONSULATE. ( HERE INS sent to NVC, and NVC sent to Chennai consulate, and my I 140 file is sitting at Chennai consulate for the last 1.5 years)

PL ADVISE ME WHO IS RESPONSIBLE, MY ATTORNEY OR INS???
Thanks, ramukesi
 
May be both, can\'t say

Hi

As you know I have the same problem too. I know my case has been transfered from Chennai to INS, NE on Jan 18th 2002. INS should have worked on my case as soon as they got the case back, why they have not, no idea. According to my attorney it is INS mistake and he was right when applied for I140. But, INS says unless you apply for CP they dont approve an application for CP. So, it is a loop. One thing is true, both are not willing to take the blame. So, who are the ultimate suferer\'s?. WE(No doubt).
 
Sometimes Attorneys, sometime INS

If you want to be sure, check the copy of your I-140 which was filed. Read carefully what it says it Part 4., processing information. Some of the attorneys usually indicate as consulate processing by default. They say that by this way you can later decide if you want CP or AOS without having to apply to INS for change from AOS to CP.
(if you apply for CP then you can apply for AOS just by filing I-485 but not the other way)
I am saying this based on the talk I had with my wife\'s attorney. I had asked her to change to AOS on the draft copy which he had give her. They did not make any changess and when she asked he said it was fine, she could chose that later. I then asked her to call him and insist that they change. I am still not sure what the submitted copy says.

So far as I have seen, INS processes it as CP only if it was indicated so (in old forms it was by default CP, unless you indicated otherwise). Some people think they had not indicated for CP on I-140 but INS did so. I know they screw up - but usually not in this regard. On some occasions it may be INS, but mostly its the way its put on your I-140 applications.

I think a lot of people would say otherwise. But before you post, check the copy of I-140 part 4 which was filed and then post exactly what is indicated there.
 
Ramukesi - Did you check with Madras?

DId you check with the US Consulate in Madras to find out whether your case has been trasfered back to INS, NE. Let me know. SInce, we both belong to the same ND, I wanted to know what happened to ur case.

ARN123.
 
ARN 123, thanks for asking me !!

Hello ARN123, thanks for asking, I have tried to reach Chennai Consulate, the operator at consulate spoke to me, and she asked me to hold the line, and she transferred to IV Dept, but no one answered the call, It went 10 to 12 rings and got disconnected on me, I tried 3 days , and It happend the same way to me 3 times, . CAN U PLEASE GIVE ME SOME EXTENSION PHONE # OF IV DEPT AT CONSULATE , CHENNAI, how could U hold of them, pl help me.

Thanks, ramukesi
 
Which number did you try?

I called 011-91-44-8112060, the phone number that was given by the NVC. I called between 8.15am- 8.45am(the consulate opens at 8am) and after you dial the number and get connected, you will hear an busy/engaged tone and then it will ring. THe person who attended the phone gave me the info about my case. I was not transfered to any other dept. I called 2 times (as the 1st got disconnected after she told the case was transfered) and the 2nd person also confirmed the same. Try it and let me know.

ARN123.
 
I tried the same # 011-91-44-8112060

Thanks ARN, I tried the same # the one which U mentioned here, well I will try today again, and see what happens, in the mean time did U talk to IIO at INS NSC, about your file which came from Consulate, are they processing your case, or did they confirm to U that they have received it to U ??
ramukesi
 
HELLO ARN, whats the case number that u pass to the chennai consulate for info

HELLO ARN, whats the case number that u pass to the chennai consulate for info

thanks
seva
 
I did speak to them

The IIO went to a different computer system to look into my case. SHe did not mention anything abou the info transfered from Madras to INS but she did mention that my case was transfered to this "new place" on Jan 11th 2002 and looks like things have started moving after that. I mean, it looks like INs requested for the transfer and it has happened. When my atorney called last week he was told that ann II is working on my case(thats what he told me). But the IIO to whom I spoke to did not tell anything and asked me to wait for 60 days(as usual). SO, dont know what is really happening. The only answer for all this is to hear the AVM say "your are approved", I think.
 
I got it from attorney. It should be in the Packet 3 that was mailed by NVC to ur attorney.

 
 
Biased opinion

I\'m an attorney so I guess I\'m biased but I\'ve also been posting on this board for more than 3 years and I fully understand your situations and concerns. My opinion is that most of these errors are due to a somewhat ambiguous I-140 form and INS errors. If an attorney fills in a foreign address on the I-140 form, INS often processes the case for CP.

Again, I guess I\'m biased but to me the error is on INS\' end. Usually.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
to ARN123,

Hello ARN123 , This evening I spoke to Chennai, US Consulate, they have confirmed me that my file of I 140 was sent to INS, NE, on January 10th 2002, so tomarrow I will call INS, NSC and let us see what happens, if U get any news for U, pl let me know,

Thanks,
ramukesi
 
Ramukesi

When you talk to INS today be specific about whether they got the I140 back from Madras and find out whether it has been assigned to an officer(I know u will ask this) and also find out how long does the case stay in that "area" normally. I called them last Thursday and I want to wait for a week before I call them again. Also, find out which date they are processing right now in that area.

Thanks
ARN123.
 
ARN123

Hello ARN, I spoke to IIO at INS NSC, she was very non-cooperative, it was my bad luck again, well, she told me that my file is in the right area, she could not say anything about I 140 received from Chennai, so far it has not been entered in to the system. When I said my figerprints are likely to expire soon, she says that if so, INS will schedule one more time, on the whole SHE HAS NOT GIVEN ME THE RIGHT ENCOURAGING ANSWERS. WELL I ALREADY APPROACHED THE CONGRESSMAN, his office has written to INS last week, 2 weeks back my attorney has sent a letter thro AILA to INS about my case, I am putting pressure from all sides, let us see what happens????
ARN, U may contact me on my e mail ramukesi@yahoo.com
feel free, thanks
ramukesi
 
hey ramu & arn123

Spoke to IIO... as usual same crapy answers...
She said they are processing June 2000 cases (yea rite, then how come i c Feb/Mar 2001 approval).
She said my files are in the rite area (donno what that means) and will be picked up when they start Sep 2000 cases. (yea rite).

Over all another effort to get some information from IIO went down the drain.....
RD:- Aug 2000
ND:- Sep 2000
FP:- Feb 2001
 
??? for JIM MILLS

Hello JIM MILLS, pl do not get me wrong, I wish to know from U, is INS ARE APPROVING I 140s for CONSULAR PROCESSING even if we do not file FORM 824. In my opinion they will approve I 140s for CP only when U file FORM 824, pl correct me if I am wrong.

Since I am also a victim between INS & ATTORNEYS, in my opinion this issue has to be addressed with INS seriously thro AILA, and to put an end to it, other wise we still see lot of sufferers here!!

ATTORNEYS SAYS INS IS GOOFING UP, and INS says attorneys are!!
the issue has become like which comes first, like CHICKEN OR EGG

RAMUKESI
 
No I-824 required if I-140 is filled out for CP

Whether INS processes the I-140 for CP (and sends the file to the NVC when it\'s approved) or for AOS is determined by how the I-140 is completed. If INS approves the I-140 for AOS and the person wants CP, then an I-824 is filed for action on an approved petition.

Without seeing how the I-140 was filled out, it\'s not possible to say whether it\'s an attorney or INS error. I\'ve seen INS errors on this and it\'s not normally a big deal since to change from CP to AOS all that is necessary is to file the I-485 form. There may be some delays in processing due to this but the processing time for an I-485 is fairly long anyway.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
QUESTION FOR ARN

If the Attorney has not sent PACKET 3 wheat will I refer to?

Is is the number on the packet 3 although it had not been sent to chennai?
Thanks
Seva
 
Answer

THe packet 3 is sent by NVC to your attorney which decides whether u want to go for CP or not(if fill in and send to Madras). The NVC assigns a case number and thats what you need to refer when you talk to Madras. Hope this is enough.
 
HI Ramu..//

That is great your I-140 is transfered from India to INS..
I am sure you will get the approval withing two weeks. IInd plus point
is that your finger print is being expired, INS give the top priority
to those cases whose FP is being expired. I hope you will definately
post this ...Hi My Case is Approved !!!!
Wish you best ..
 
You must log in or register to reply here.
Top