I wanted to check — during administrative processing, is the I-140 actually being reviewed or is it put on hold? I understand USCIS and the consulate are different entities, but it’s frustrating — while the administrative processing drags on, the petition could theoretically already be moving forward. Has anyone experienced this — do they proceed in parallel somehow or not?
Oh, it’s really a murky setup — the I-140 and adjustment of status (AOS) are supposed to proceed in parallel, but the consulate usually says they’re not involved, like, if there’s no approved I-140, USCIS should check it themselves. I’ve seen a case where the petition was approved while the person was stuck in AOS for over a year — so technically they can overlap, it’s just not always logical) Hang in there, it’s really frustrating when time gets wasted.
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A colleague on EB-2 NIW had exactly the same — the I-140 kept being processed regardless of the administrative processing (AP) on the DS-260; it was approved after seven months while the AP was still pending. Here’s the nuance — if the consul sent the petition back to USCIS for reconsideration under 221(g), then yes, it’s on hold until it’s returned. Check the wording in the consul’s letter: it should explicitly state “revoked petition” or just “returned for review.”
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