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TSC approved I140s not going to NVC

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Filed: EB-2 Visa Country: Canada
Timeline

My friend's I-140 petition through EB2 NIW has been approved since March 2022. She indicated that "Alien will apply for a visa abroad at a U.S. Embassy or consulate, Montreal, Canada" in the Part 4, Box 1, Section on the I-140 form, but USCIS did not automatically forwarded the approved I-140 to NVC. It has been 120 days.

She filed a service request with USCIS and received the following response:

Quote

We have received your service request and researched the status of your case. Our records indicate that on your case was approved. However, the approved petition and accompanying information was not sent to the National Visa Center (NVC). If the person, for whom you are petitioning, decides to apply for a visa outside the United States based on this petition, the petitioner must file Form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the Department of State NVC. The NVC processes all approved immigrant visa petitions that require consular action.  The NVC also determines which consular post is the appropriate consulate to complete visa processing.  It will then forward the approved petition to that consulate.

 

She has raised a Service Request with CIS Ombudsman, which can take up to 30 days to respond, but is there anything else that can be done in the interim to speed up the process? Should she just pay the $465 fee and get it done with, even though it is an error on USCIS' part?

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Filed: EB-2 Visa Country: Canada
Timeline
29 minutes ago, susana_1983 said:

If I were ypur friend I wouldn't pay for this form. This form usually has a long time processing (around a year). I request the CIS ombusdam help and it worked for me without paying any extra tax.

Thanks. How long did it take to get a response from CIS Ombudsman?

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Filed: EB-2 Visa Country: Canada
Timeline
12 minutes ago, susana_1983 said:

In cases like ours (uscis does not send forms to NVC), it usually takes 7-10 days to get an answer from CIS. 

I will let my friend know about the good news. Thanks. They sent email to CIS Ombudsman on July 6th, so it's been 11 days.

 

I retraced your timeline. Could you please kindly verify?

  • June 20th (T): Sent Email to CIS Ombudsman
  • June 27th (T+7d): Received response from CIS Ombudsman
  • June 29th (T+9d): Received notification from Case Tracker that case was transferred to NVC
  • July 8th (T+18d): Received email from NVC that they have your petition and will be issuing Welcome Letter shortly
Edited by CanadianMD
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17 minutes ago, CanadianMD said:

I will let my friend know about the good news. Thanks. They sent email to CIS Ombudsman on July 6th, so it's been 11 days.

 

I retraced your timeline. Could you please kindly verify?

  • June 20th (T): Sent Email to CIS Ombudsman
  • June 27th (T+7d): Received response from CIS Ombudsman
  • June 29th (T+9d): Received notification from Case Tracker that case was transferred to NVC
  • July 8th (T+18d): Received email from NVC that they have your petition and will be issuing Welcome Letter shortly

Yes, this is my timeline :)

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Filed: EB-2 Visa Country: Canada
Timeline
On 7/7/2022 at 4:32 PM, JBRE22022 said:

@José Luís Vieira Not yet. Sent my documents by mail two weeks ago, so it will take some time

Do you have a list of documents which you needed to send via mail or upload or gather? Will be helpful to gather those in the interim while awaiting NVC's receive of the petition.

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Filed: EB-2 Visa Country: Canada
Timeline
On 6/1/2022 at 9:59 PM, Sindhieagle said:

Hi - Lawyer already helped to raise the ombudsman request. Still waiting to hear from them. My case is almost similar like yours - forwarding case time period ~ approving the petition.

Thats awesome! Did you manage to pay the fee to NVC? I heard it has to be paid online only via US account, is it true? @RDG2022

@Sindhieagle Any updates from CIS Ombudsman about your request?

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Filed: EB-2 Visa Country: Brazil
Timeline

@CanadianMD Hope you get some answers soon. Regarding the required documents, they vary on each case depending on type of visa, country and individual circumstances. This department of state page list the needed Civil Documents

In general, there are three categories of documents

1. Applicant documents (mandatory for all applicants)

 

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Filed: EB-2 Visa Country: Brazil
Timeline

@CanadianMD Hope you get some answers soon. Regarding the required documents, they vary on each case depending on type of visa, country and individual circumstances. This department of state page list the needed Civil Documents

In general, there are three categories of documents

1. Applicant documents (required for all applicants)

  • Passport ID pages
  • Birth / adoption certificates
  • Marriage / divorce certificates
  • Military records (if candidate did not serve on the military, in Brazil there are documents that state that the individual was not drafted. This of course varies with each country.)
  • Police certificates for each place applicant lived for more than 6 months after age 16. In the case of Brazil two certificates are needed, from the federal police and from each state police where applicant lived. So if you are from a federative country such as Canada, Mexico or Germany it is worth checking if this apply to your country as well. 

2. Sponsor documents (for sponsored visas) - the list will vary whether case is family or employment based. Not needed for self sponsored cases like NIW or EB1A

3. Other documents: documents to support the documents above (for example, police certificates might refer to a local ID rather than a passport, so I believe it is worth to include those) as well documents to support each applicant circumstances (for example, if candidate has been arrested court records will be needed, and any other document required to be annexed depending on answers in the DS - 260.)

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Filed: EB-2 Visa Country: Brazil
Timeline
On 7/8/2022 at 4:35 PM, susana_1983 said:

Hi Jose! No, probably after July, 18th according to the NVC time-frame. Earlier today I received an email from NVC that they already have my petition and soon they will send the Welcome letter and the fee bill😁

Hi @susana_1983! Did you receive the welcome letter? I'm asking because, considering the dates, your case is the best reference for mine. 😂

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Hi! Today I received my fee bill :D 21 days after USCIS send my case to NVC.

9 hours ago, José Luís Vieira said:

Hi @susana_1983! Did you receive the welcome letter? I'm asking because, considering the dates, your case is the best reference for mine. 😂

Hi Jose! I received my fee bill today :) 21 days after USCIS send my case to NVC.

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