Topic: Linking the EB dates
wtng4ever : Pls could you explain what your following comments about option D
If you look at Part 2 of form I-824 on page 1, the option D says:
D. [ ] USCIS to send my approved immigrant visa petition to the National Visa Center (NVC).
That might do the trick.
easygoing : Your following comment is very clear and cannot agree with it more :-)
But I am pretty sure we all are royally screwed ......... |
Topic: Linking the EB dates
Hi Wtng4Ever
I am in a similar situation. I have a EB3 I140 approved with a PD of 10/2003 and another EB2 I140 approved with a PD of 12/2006. My lawyer sent a letter to USCIS requesting that my 485 be adjudicated against the EB2 category and with an earlier PD date. The other twist to my case is that my EB2 I140 status says "Case was shipped to the Department of State for visa processing". We had not heard back from USCIS about the letter. In the meanwhile, I tried calling NSC about the same and was informed that I need to file form I824 when I conveyed the same to the lawyer, He said that the Customer Service folks don't understand the issue and there is no need to file an I824 form. I asked him to talk to USCIS and this is my lawyers response after he spoke to USCIS.
"I just spoke with a USCIS officer. As discussed previously, there is no tracking system for this type of request. According to USCIS - when the USCIS is adjudicating your I-485 application, the I-140 will be obtained from NVC. The USCIS knows that classification (EB2) and priority date based on the letter that was sent."
So Wtng4Ever, My question is
a. Is my lawyer wrong to assume that no I824 form is required?.
b. Also, Is there any correspondence that you can provide me so that I can convince my lawyer that we do need I824 to be filled to make a PD change in my I140 application.
Thanks in advance |
Topic: Approved I-140 shipped to Department of State for visa processing?
I am in the same situation and my Lawyer told me that he had not indicated AOS on the EB2 I140 application which then defaults the case to CP. My lawyer said it is easy to rectify the situation but never really mentioned what he needs to do to fix it.
I wanted to use this newly approved EB2 I140(Aug 2006) to port my earlier PD EB3 case (Oct 2003). I am not sure if now I should wait and get the CP situation handled.
gcornot, Pls can you let us know what your lawyer did to rectify your situation. |
