Concurrent I-485 with USCIS and DS-260 with NVC, same I-140


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We opened an IV case with NVC by submitting Employment Based DS-260. In 2020 we had an interview at the embassy and were put under Administrative Processing right before everything shut down due to COVID-19 and Trump's Proclamations.

With AP still pending, at the end of 2020 we managed to renew the visas and got back to the US. In the beginning of 2021 we submitted Employment Based I-485 to USCIS. We did not explicitly notify NVC about this action. USCIS, apparently, was able to "pull" I-140 from NVC and proceeded the case by taking our biometrics and then issuing EAD / AP combo cards.

In Mar 2022, quietly and without any required forewarnings, the embassy changed the status of our DS-260 case to Expired with the description that "the record of your registration and any petition approved on your behalf and all supporting documents have been destroyed; any Department of Labor certification has been returned to your prospective employer". Ever since we've been trying to find out what documents were actually destroyed.

It doesn't help that our original embassy was US Embassy Moscow, which recently ceased all operations and rerouted all cases to US Embassy Warsaw. Warsaw says our case is still in Moscow, NVC says that they no longer have jurisdiction over the case and we must direct our question to Warsaw or Moscow. Moscow is silent and does not return our inquiries.

Our main worry is that NVC might have destroyed our I-140 thus jeopardizing our I-485.

My question is thus: at this point which agency has ultimate authority over our I-140?

 

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