Q: NVC did not receive approved EB2-NIW from USCIS after 18 months. What else can I do?
My case was approved in December 2018 and I received the I797 approval notice, but NVC never received it to continue with consular processing (I am abroad) despite the submitted and approved I-140 for my case included the request to continue in consulate. It has been over 18 months and NVC has not received the case. After 5 inquiries filed with NVC, as NVC had not received the case, NVC contacted USCIS and then requested me to file a duplicate petition since USCIS lost it. Such duplicate was filed in October 2019, but no confirmation received. Multiple inquiries for USCIS and calls with tier 1 and 2 have been held since then. The last inquiry suggested filing an I-824 form requesting my case to be sent to NVC (processing time of 6-12 months), despite the original I140 requested consular processing. Also submitted DHS-7001 to DHS ombudsman last March (no news yet).
What else can I do to bring case to NVC? Congressman inquiry from abroad?
A: Wait for the ombudsman to respond. Petitioner should do congressional inquiry if it comes to that.
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