Yet to find someone !

[tapansarkar]

I am yet to find someone having any experience regarding getting back file from Bombay consulate office back to INS for reverting back to AOS processing.

The details are :

- the I140 with CP option has been approved (lawyer mistakenly opted for the CP option, I was not aware)
- I485 papers have already been submitted to AOS
- But, NVC says, my file has been send to Bombay consulate office in the meantime

Currently my I485 papers are sitting in the Vermont center,INS office. Mine case is in EB1 and hence the PD is current.

What will happen in my case ? Can I trigger Bombay consulate office to send it back to INS? I have no clue.

Please help
With Regards

[kathuat]

To be honest with you- I am not sure. I thought that NVC transfered the file electronically. It seems actually NVC transfers a paper file. I am now trying to recollect some of the conversations I had with NVC and they saying that the file is "transfered via diplomatic pouch" which I think now means they transfer the paper file. Also, I remember that New Delhi had a paper copy of our file. So, I think now that a paper copy is sent.

I am not sure why you would to AOS. But if that is the case you wouldn't need the whole file. What you would need is a copy of your I-140 approval notice and sent it to INS and file I-485. Check on one of the immigration sites and it gives out the documents that have to be sent with the I-485. If you have a lawyer, he should take care of this and you don't even have to worry about it.

Hope this helps. If have any more questions, do let me know.

PS:This is NOT legal advise. Use at your own risk.

[tapansarkar]

Yet to find somebody !!

Kathaut,
Thnaks for your reply. If understood correctly, I need not worry about the file even if it has been sent to Bombay by NVC - right ?

Regarding your question I also hv debated with myself.. problem is, it may coincide with my Son's final exam which is in May. We had anyway a plan to visit India in June. So apparently there was no problem But my confusion that the interview date may coincide with my son's exam discouraged me ! Was I right in calculating the time frame ? Do you think I have lost an opportunity which came on to my lap pure accidently? My part-time paralegal is really of no use..and no way
co-operative.But what do you say ?

My case is in EB1. I140 was done in August within 4 months. File moved to Bombay about 8 weeks back from today. I485 papers submitted about 1 week back from today. Can u give some idea about the time for the various "milestones" of this case with your experience ?
Regards

[kau123]

My Opinion

Doing CP will definitely be faster than AOS, which in your situation may take even longer than normal because your file is not with INS. Since your file is already there, you can get your packet 3 hand delivered (to save time) to Mumbai Consulate. In my opinion (which is based on reading several postings on this board), you should get interview date with in 3-4 months of the day packet 3 is entered into their system (though an email from Mumbai consulate sometime back told me that they will schedule interview within 2 months of receiving packet 3). You can get first hand information from the Mumbai consulate by sending them email after mentioning your case details (which can be obtained from NVC). Mumbai Consulate is very prompt in replying email messages: I have got replies within a few hours in past. Even though my case will be processed at New Delhi, it was Mumbai Consulate's prompt electronic response that helped me in deciding between AOS and CP back in June when I was preparing to file my I-140.

Wish you good luck for the success in your immigration plans!

[tapansarkar]

How much of I140 file is needed for AOS

For a recap, my I140 file has been sent to Bombay for CP whereas my lawyer have filed AOS with INS. She thinks its okay ..because when INS is ready with my turn, they will get back the file from Bombay.

Now, I understand from someone in the office, that Bombay may not keep the file just like that for more than 1 year. In that case, if I get delayed by 1 year at INS, what are my chances for AOS?
can anybody please help?