AC I-140/CP/Extremely Important & Urgent/Please help

[mk]

Had NIW/I-140 approved, applied for CP, got the interview.
Now INS has sent a notice of intent to revoke for a petty thing, it may go ahead and approve on further clarification, But time is critical factor,

My questions are,
1) Could I still go for CP and clarify the situation with Consular there. Do they have authority to decide cases there if convinced.

2)If needed to do new I-140, can they process it there.
(The only reason for above problem is that my previous employer had filed it. Had I signed the petition INS would approve it.Nothing else will change.

3) If they will not process my case in India can I return on my valid H1-B visa.

4)Should I wait till I get it solved with INS here.

Can someone provide some guidance.

thanks.

[abu lafya]

You have lots of questions but no info, or you are not being clear.
I guess you are better of talking to a lawyer.

If you mean I140 will be revoked, you need to unrevoke it before going to CP. Consulates don't do I140.

[mk]

AC I-140/CP/Extremely Important & Urgent/Please help

Dear abu lafya,
I can explain, is it possible you could tell me your tel or email.

I wish to know would emb in india know what is going on.

[mk]

AC I-140/CP/Extremely Important & Urgent/Please help

Dear abu lafya

Ok lI will make it simple.
I-140/NIW/EB-2 approved

Filed AC I-140 for CP, as NVC did not respond for 6 mo.
File accepted, case number given, interview scheduled for CP

Now INS has sent letter asking more evidence otherwise they will revoke if not satisfied.( This happened because they lost my file, new was reconstructed by another officer) I am quite sure if all facts presented it may approve.

INS may take upto 2 mo to decide. My interview is in 2 weeks.
Could I present my case to consular officer, Do they have authority to decide.

Do't know what to do.
Thanks very much for any input.

[abu lafya]

If your consulate will get a case number and A# from DC for you, they have full "jurisdiction" to decide your case.

Get a lawyer involved ASAP, since there is a chance (not 100%) you will get stuck in your home country for a while if consulate decides to wait. There is no reason for them to wait unless an A# is unattainable though this is not boolean algebra, unfortunately.

Note that consulates (and NVC) belong to state department and INS to justice department. If, as you say, INS lost your case (and not NVC) then there is good chance you will be fine because (I think) the Visa Office that issues A# belongs to State department.

In any case, do provide INS with what they ask for. There is no reason to think your case will be dropped.

Give your lawyer "a slap on the head" (not really) for being a sleep for 6 months. 90 days or less is when he should have intervened.

[Ambhpatil]

Hi,
Need help on applying Consular processing based on approved I140. Chances of my Priority date becoming current.
Want to know what we have to do for Filing Consular processing . It will really help if you could share some information