Why does my 140 approval notice say they have sent a copy to NVC?

Common Screw-Up

I\'ve heard of a number of I-140s that are marked for AOS instead of CP and vice versa. It has gotten so bad that TSC makes you submit a cover sheet that indicates in REALLY BIG LETTERS wether you want AOS or CP. Makes you wonder about the quality of the staff.

Consider yourself lucky. Filing AOS in such a situation is perfectly OK (did it myself last month), and should cause a delay of a week or so if the case gets transferred to NVC. If the opposite was true (approved for AOS when you wanted CP), you would be screwed - you would need to file an I-824 and then wait a few months for it to be approved.

This is one of the more benign examples of the INS bureaucracy in inaction.
 
Similar situation

Hi Canadian,

I just got my I-140 approved ( Notice date Feb 12th, approval date 30 Aug) and it says "Sent to NVC" even though I had requested AOS in my application. I was very confused but your posting seems to suggest that it is OK. Have you discussed with a lawyer or IIO about the delay to be expected if we apply for AOS instead of going for CP ?

One more thing, in my case, I was out of the US from Aug 11 to Sep 13th and I thought that INS may have sent the file to NVC because I was not inside the US (though My H1B is valid through Nov) when they processed the I-140. From your posting, it appears that the NVC part is a mistake from INS.

Can you kindly confirm that it is just a mistake and that we can apply for AOS ?

Thank you very much,

kal10
 
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