USCIS reapproved my petition without issuing a NOID after the Embassy denied it and sent my case back for revocation over a year ago.

[Ps Joe 0]

We submitted our application to USCIS in 2019 and it was approved in November while we were waiting for an interview schedule at NVC. However, the COVID-19 pandemic came. Fast forward to November 2022, we attended the interview but were denied. I was issued a 221(g) and the consular officer informed me that the case would be sent back for revocation. The issue stemmed from the wage my employer intended to pay me, which was below the USCIS poverty guideline. (USCIS changed the figure around pandemic) This was news to us, as we had relied on a lawyer for the filing, who unfortunately did not do a thorough job.

In March 2023, we filed a new case and requested expedited processing due to the earlier approved petition. This new case was approved 26 days later and sent to the NVC. We paid the fees and received Documentarily Qualified (DQ) status in April 2023. However, the visa class retrogressed, leading to a 5-year-plus waiting period. This affected the newly filed case.

Recently, the first case that was sent back to USCIS was reapproved almost immediately and sent back. We are now awaiting NVC processing.

 

 

My question is: do we still retain the old NVC case file number that is attached to the USCIS number from our interview, which was refused? Or will we have to pay for the immigrant visa again, for the third time?

[appleblossom 2,446]

If it’s a new case, you’ll have a new case number. 
 

I’m assuming this is a new employer too? Hopefully they’re paying you a lot more - even just above the poverty line wouldn’t be wise in the US, it’s not a good place to be poor. 
 

Good luck. 
 

 

[Ps Joe 0]

7 minutes ago, appleblossom said:

If it’s a new case, you’ll have a new case number. 
 

I’m assuming this is a new employer too? Hopefully they’re paying you a lot more - even just above the poverty line wouldn’t be wise in the US, it’s not a good place to be poor. 
 

Good luck. 
 

 

thank you for the response ...its the same old case that was sent back for revocation, its been re-approved.    same employer and same category higher wage and the PD is current

Edited March 12 by J0e