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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105183
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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To Whom it May Concern, I began my US greencard EB-1

Customer Question

To Whom it May Concern,
I began my US greencard EB-1 application in early 2014. I was approved for my I-140 petition for EB-1 category in July 2014. My case was transferred to the NVC and documents submitted.
The process took longer than expected and my E3 visa was set to expire in May 2015. In June I was given an interview appointment for July 2015, by that time I was in Europe working and had literally just received my new O-1 visa. I did not have time to travel to Australia, do my medical and wait the three weeks to process that and attend my interview, so I notified them and said I would reschedule.
I am determined to have this interview year, but since July 2014, I have misplaced my original I-797 form (though I have duplicates) that informed me of this approval of the I-140. I think I mistakenly submitted the original into my O-1 visa application or in my apartment moves the document was misplaced.
I have been reading about the required documents that are needed for the greencard interview and it doesn't look like I need to bring the original...
I wanted to double check that it is not necessary to bring the I-797 original, as I would need to apply for an I-824 for a replacement original copy and have read that can take several months and that I have to re-submit the original application (which for the EB-1 application was a lengthy and arduous process).
1) Can you confirm for me that I do not need the original I-797 approval notice for the I-140, in order to complete this greencard interview in Australia (I am an Australian citizen)?
2) And if I do need this document, do I need to apply for the I-824 in order to get a replacement I-797? Would that mean re-submitting the original application (i.e. All material proving my "extraordinarily ability" press clippings, press photos etc?
I am also considering switching from consular processing to adjustment of status.
3) Would I also not need my I-797 original for that process?
4) Does it take time for the case to be transferred back to the US?
5) Is there a length of time I should wait after re-entry before I can submit my I-485 adjustment of status? (I ask because I travel a lot for work and with the E3 I know it was conservative to wait 90 days after re-entry).
Thank you so much in advance.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

1) Yes, the original I-797 is not required.

3) Again, the original is not necessary. They are going to check to make sure there is an approved I-140 in the correct category even if you provide an original copy.

4) No. They will process the I-485 independently from Consular Processing.

5) No, there is not. You do not have to wait to file the I-485.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Thank you for your kindness and respect. Good luck to you.