Concurrently submitted I-130 and I-485 before priority date became current.. HELP!

[hexenmeister 0]

Current Status: H1b

Got married in May and concurrently sent I-130 and I-485 to the USCIS Chicago Lockbox on July 13, 2013.

So far:

• Checks for I-130 and I-485 cashed in on July 18, 2013
• NOA received for I-130, I-485, I-131 and I-765
• Priority date of June 15, 2013 assigned to I-485

The problem:

• I just realized that I-485 can only be sent when the priority date is current. It was not current in July but becomes current in August.
• As I sent my papers prior to August and a priority date of June 15, 2013 has been assigned to my case, will this negatively affect my case?

What should I do now?

[KayDeeCee 4,896]

~ Moved from AOS Family Based to AOS Work, Student & Tourist ~

[hexenmeister 0]

Awesome!!

My post was :

~ Moved from AOS Family Based to AOS Work, Student & Tourist ~

I wonder why....

Just because it had the word H1b in it? Amazing!

[KayDeeCee 4,896]

Awesome!!

My post was :

~ Moved from AOS Family Based to AOS Work, Student & Tourist ~

I wonder why....

Just because it had the word H1b in it? Amazing!

Yes, exactly. You are adjusting status from an H1b. This is the correct forum for your post. That is why I moved it here. Now, hopefully those that can help you with your situation will come along and do so.

[Penguin_ie 5,997]

**** The move was correct. You are not adjusting from a Family Visa, you are adjusting from a Work Visa ****

[Harpa Timsah 13,258]

You are a LPR so I think it should go in the LPR forum so you can get a proper response...

[hexenmeister 0]

Sorry, but you are thoroughly misinformed.

The title of my post indicates that I have filed I-130 and I-485 concurrently. Hence it clearly indicates that this is an “AOS Family Based” petition. To make it simpler, I-130 is the “Petition for Alien Relative” and is filed in the case of a family based situation. I-130 is NOT filed when one is changing status on the basis of a work visa.

I only mentioned my H1b status to indicate that I am currently in the US lawfully. Other than that my H1b status is irrelevant because I have NOT filed in the EB category.

I’m sorry that the letters “H1b” threw you off, but “AOS Work, Student & Tourist” has nothing to do with my petition.

I hope this clears the confusion.

Also, the I-130 petitioner (my wife) is a US Citizen and not a LPR.

Thanks!

[Harpa Timsah 13,258]

You don't know the categories for this forum so maybe you shouldn't lecture organizers who do.

You missed the FROM part in the forum titles. You are AOS FROM work visa. The other is AOS FROM family visa, which means K-1. You don't have a K-1. This is a marriage-based forum so everyone in this form filed a concurrent I-130/I-485. You are a LPR though, so I think it's a bit different. Everyone in this forum is a USC or spouse of USC, and are unfamiliar with priority dates. Personally I think your I-485 will be denied because the priority date isn't current, but I am not sure. For that reason I requested that the thread be moved to the "Family of LPR" forum.

Edited July 26, 2013 by Harpa Timsah

[Penguin_ie 5,997]

Since your spouse is a USC, priority dates do not apply. Your topic is in the correct forum- AOS FROM WORK VISA; the other forum is for AOS FROM FAMILY VISA (K1s, K3s).

[Harpa Timsah 13,258]

Since your spouse is a USC, priority dates do not apply. Your topic is in the correct forum- AOS FROM WORK VISA; the other forum is for AOS FROM FAMILY VISA (K1s, K3s).

The spouse is NOT a USC, or they wouldn't be talking about it. The spouse is LPR.

The priority date will be current in August for spouses of LPRs but they applied too early. That is what the thread is about...

Edited July 26, 2013 by Harpa Timsah

[Penguin_ie 5,997]

The spouse is NOT a USC, or they wouldn't be talking about it. The spouse is LPR.

The priority date will be current in August for spouses of LPRs but they applied too early. That is what the thread is about...

OP says in post 7 his wife is a USC.

[Harpa Timsah 13,258]

OP says in post 7 his wife is a USC.

Oh! Thanks! Then why on earth is he talking about current priority dates for August? which is when spouse of LPR will be current?

[meowyyt 2]

sounds like the spouse is USC.. nothing to worry about then

[KayDeeCee 4,896]

Sorry, but you are thoroughly misinformed.

The title of my post indicates that I have filed I-130 and I-485 concurrently. Hence it clearly indicates that this is an “AOS Family Based” petition. To make it simpler, I-130 is the “Petition for Alien Relative” and is filed in the case of a family based situation. I-130 is NOT filed when one is changing status on the basis of a work visa.

I only mentioned my H1b status to indicate that I am currently in the US lawfully. Other than that my H1b status is irrelevant because I have NOT filed in the EB category.

I’m sorry that the letters “H1b” threw you off, but “AOS Work, Student & Tourist” has nothing to do with my petition.

I hope this clears the confusion.

Also, the I-130 petitioner (my wife) is a US Citizen and not a LPR.

Thanks!

Talking down to me like I am an idiot is not going to help. It is actually you that is misinformed. I apologize for not putting the word 'from' in the forum titles when I moved your post, however you can see the forum title itself does include the word 'from'. I have a feeling you would still be telling us that we are misinformed even if I had typed out the 'from' when moving your post though. I tend to just type out things quickly when moving posts, but I will be sure to include the word 'from' in these forum titles from now on. I had no idea that one missing word could cause so much confusion.

I am not thrown off by H1b. It was quite helpful information to know exactly where your post should go, which is here. You lawfully entered the US with an H1b, therefore you are adjusting status from an H1b. I am assuming you entered that pertinent information on your forms where it asked. You did not enter the US with a family based visa, therefore you are not adjusting from a family based visa, nor will you be receiving one. You are adjusting status. Your post goes here. Everyone else in this forum will follow the same guide as you and file the I-130 concurrently with the I-485. Those adjusting from a family based visa do not follow the same process and do not include an I-130 when filing to adjust status.

You have already received your answer. You are married to a USC and the priority date does not matter in your case.

I hope this clears up your confusion.

Thanks!

[Harpa Timsah 13,258]

This is one of the most confusing threads evar. Sorry for adding to that. What on earth?