Just spoke with USCIS misinformation about I824...

[riblet 0]

I called because now that my I130 is approved, I don't want to wait around to find out if it will be sent to the NVC.

I was expecting a lot of nonsense, but the agent I spoke with really impressed me, although of course he could still be wrong

Anyway, he said that the approval notice should indicate whether the approved petition is being forwarded to the NVC or being retained (he knew about the new policy). I hope this is true, my concern was that the approval notice would be the standard form they've been mailing out for ages, and that there would be no way to really know immediately whether it was being forwarded or retained. I guess we'll see, but it makes me feel a bit better. Otherwise I was thinking about just filing the I824 as soon as I received the NOA2 just in case. I really don't want any more delays!

Just wanted to share in case this information is useful to anyone. I would be interested to hear if anyone actually does receive a notice that their approved petition is being retained.

[Our Mao 0]

I got the 'snail mail' letter and for me.. it said specifically that the entire file will be sent to New Hampshire.... FYI for you..!

[riblet 0]

Thanks! I hope mine says the same That would really make me happy, maybe I could spend the extra money on xmas

[TongandWei 0]

I guess the difficult situation would be the I129F is approved first then I130 afterward shortly. Do we still have the option keep two horses racing?

If we inform them release I130, does that mean I129F is automatically abandoned?

If we do not ask them release I130 then we are only on the K3 track, then what risk are we going to have?

[riblet 0]

It seems that you definitely can pursue both still, you just have to file the I824 to continue pursuing the CR/IR1.

I definitely don't think the I129F would be considered abandoned - I haven't seen anything that would give that impression.

It's not that there is a risk to only being on the K3 track, it's just that in my case, I would rather pursue the CR1 at this point.

[Our Mao 0]

Tong and Wei,

Those are very good questions but I dont know if I have the answer to them! ahhhh

Well, in my case, my I-130 was approved before the I-129F. I dont know when the I-129F will be approved. But the I-130 is definitely better than the I-129F (for me anyway), because once you enter, you can work right away. You do not have to file for 'authorization for employment'. I really want/need to work right away when I enter the US (long story short, I was working in US, and my company in the US arranged for me to work in the Canada branch office while I wait for my approval. When I enter on the I-130, I can work right away. However, if I get the I-129F, I will enter, file for authorization for employment, wait ANOTHER three months for approval. I dont know if my company will be nice enough to do that for me so I think at this point in time, I'll go with the I-130.

[riblet 0]

Our Mao, that's exactly why we're pursuing the CR1. If we did happen to get a K3 faster, my husband was going to come down, apply for EAD, and then go back to Canada and keep working up there until he could work down here. At this point, even if K3 gets approved, that + applying for EAD would take about the same as getting a green card, and green card is obviously much better

[TongandWei 0]

Our Mao,

I agree with you. If CR1 can beat K3, that will be perfect. Actually the point is which is faster, Jame's shortcut or EAD,assuming 129 and 130 are approved at same time (that has happened in several cases). If the case is at NVC too long, longer than the period of getting EAD, then K3 would be better choice. (i'm not sure if you get my point). Oh well, there is so much uncertainty. We just have to wait and see.

Tong and Wei,

Those are very good questions but I dont know if I have the answer to them! ahhhh

Well, in my case, my I-130 was approved before the I-129F. I dont know when the I-129F will be approved. But the I-130 is definitely better than the I-129F (for me anyway), because once you enter, you can work right away. You do not have to file for 'authorization for employment'. I really want/need to work right away when I enter the US (long story short, I was working in US, and my company in the US arranged for me to work in the Canada branch office while I wait for my approval. When I enter on the I-130, I can work right away. However, if I get the I-129F, I will enter, file for authorization for employment, wait ANOTHER three months for approval. I dont know if my company will be nice enough to do that for me so I think at this point in time, I'll go with the I-130.

[xuemei 0]

I called because now that my I130 is approved, I don't want to wait around to find out if it will be sent to the NVC.

I was expecting a lot of nonsense, but the agent I spoke with really impressed me, although of course he could still be wrong

Anyway, he said that the approval notice should indicate whether the approved petition is being forwarded to the NVC or being retained (he knew about the new policy).

What is different now with the I-864 ? Why would they retain it at the USCIS instead of forwarding it on to the NVC ?

Please enlighten me

[riblet 0]

xuemei, it's supposedly only an issue if you have also filed K3.

Here's a link explaining it: http://tinyurl.com/ycv3w9

Edited December 7, 2006 by riblet

[Our Mao 0]

If we did happen to get a K3 faster, my husband was going to come down, apply for EAD, and then go back to Canada and keep working up there until he could work down here. At this point, even if K3 gets approved, that + applying for EAD would take about the same as getting a green card, and green card is obviously much better

Yup! Me and my husband felt the same. If K3 is approved, I would enter, file EAD right away, return to Canada to work until EAD is ready, then enter the states. We figured that would be around 5 months (2 months to get the K3 and 3 months for the EAD). In our opinion, getting the green card would probably take the same amount of time!? Besides, our K-3 hasnt' been approved yet so that would not be an option for us now..

[aussiewench 9]

Riblet

To my knowledge there has been posts of members that have received the NOA2 with wording that if they wished the approved I-130 to be transferred to NVC that they would need to file the I-824.

[aussiewench 9]

What is different now with the I-864 ? Why would they retain it at the USCIS instead of forwarding it on to the NVC ?

Please enlighten me

No, not the I-864.....Its the I-130 that can be held by USCIS. See the link that Riblet provided.

[riblet 0]

That's good to know, thanks Lorelle. I'm not particulary excited about having to file an I-824 (if I do have to) - but I would rather know I had to do it than just be left wondering.

Riblet

To my knowledge there has been posts of members that have received the NOA2 with wording that if they wished the approved I-130 to be transferred to NVC that they would need to file the I-824.