i-485 denied based on priority date

[tomal.web 0]

https://www.uscis.gov/visabulletin-oct-15

I have used this visa bulletin published for October 2015 on USCIS website.

Based on priority date of Sep 2014 and using the charts on that USCIS website, how am I wrong? Or am I wrong? I just want to know whether this is my mistake regarding the filing or this is a USCIS mistake.

Family-Sponsored All Chargeability Areas Except Those Listed CHINA - mainland born INDIA MEXICO PHILIPPINES F1 01MAY09 01MAY09 01MAY09 01APR95 01SEP05 F2A 01MAR15 01MAR15 01MAR15 01MAR15 01MAR15 F2B 01JUL10 01JUL10 01JUL10 01JAN96 01JAN05 F3 01APR05 01APR05 01APR05 01MAY95 01AUG95 F4 01FEB04 01FEB04 01FEB04 01MAY98 01JAN93

[Elf 146]

the link you provided is for NVC not for USCIS. On the same link you provided, it says for Adjustment of Status with USCIS, follow uscis visa bulletin at

https://www.uscis.gov/visabulletin-oct-15

where cut off date is 1 Mar 15 for applying AOS which is the second table of your link. So USCIS is wrong in denying the OP's petition. The OP should make an info pass appointment, print those uscis oct visa bulletin table and discuss with them in person.

Apologies, I accidentally hit post before I'd finished editing, and I hadn't added in all my "but"s. I was trying to ascertain where and why the confusion had arisen, and where USCIS might have gotten the Apri 14 date from.

The instructions at that link make it appear as if the Apr 14 date is the correct one, as the first chart is the default for cutoff dates unless otherwise specified. The note much lower down the page indicates that the second chart "may" be used for AOS that month - but "may" implies uncertainty and suggests (wrongly) that some AOS applicants can use the dates but others cannot. Better wording would be "can be used" or "should be used".

The confusion is clearly based on the difference between the two charts and the fact that the second chart with the later priority dates can only be used under certain circumstances, i.e. when there is a note in the bulletin saying that it may be used that month. USCIS evidently referred to the default chart, not to the second chart. Why that would happen, when only the second chart was relevant for applications submitted to USCIS that month, is a mystery.

I agree that an Infopass appointment is appropriate and might quickly clear up the problem.

[bkp51 2]

I was posting that to this post... Here is they way it read.

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during October for: (1) “Application Final Action Dates” (consistent with prior Visa Bulletins) and (2) “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated in this bulletin, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications.

This bulletin may indicate the ability for such individuals to instead use the “Dates for Filing Visa Applications” charts, when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas. Applicants for adjustment of status may refer to USCIS for additional information by visiting www.uscis.gov/visabulletininfo.

I hope you it will clear the confusion.

[tomal.web 0]

You forgot to read the first and second paragraphs of the visa bulletin in the link you provided.In that paragraph it tell you to go to uscis website for Adjustment of status applicants

copied from

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during October for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the USCIS website atwww.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the "Dates for Filing Visa Applications" charts in this Bulletin. Applicants for adjustment of status may refer to USCIS for additional information by visitingwww.uscis.gov/visabulletininfo.

Yes I did go to that link for USCIS website for October 2015.

Please see the charts for October 2015 and see what they guided .......

https://www.uscis.gov/visabulletin-oct-15

I dont know how they rejected this i 485 based on their guidelines published on their website ........

I was posting that to this post... Here is they way it read.

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during October for: (1) “Application Final Action Dates” (consistent with prior Visa Bulletins) and (2) “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated in this bulletin, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications.

This bulletin may indicate the ability for such individuals to instead use the “Dates for Filing Visa Applications” charts, when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas. Applicants for adjustment of status may refer to USCIS for additional information by visiting www.uscis.gov/visabulletininfo.

I hope you it will clear the confusion.

yap but see this page for USCIS October 2015 visa bulletin .......... which showed what dates they were using ......

https://www.uscis.gov/visabulletin-oct-15

[bkp51 2]

https://www.uscis.gov/visabulletin-oct-15

I have used this visa bulletin published for October 2015 on USCIS website.

Based on priority date of Sep 2014 and using the charts on that USCIS website, how am I wrong? Or am I wrong? I just want to know whether this is my mistake regarding the filing or this is a USCIS mistake.

Family-Sponsored All Chargeability Areas Except Those Listed CHINA - mainland born INDIA MEXICO PHILIPPINES F1 01MAY09 01MAY09 01MAY09 01APR95 01SEP05 F2A 01MAR15 01MAR15 01MAR15 01MAR15 01MAR15 F2B 01JUL10 01JUL10 01JUL10 01JAN96 01JAN05 F3 01APR05 01APR05 01APR05 01MAY95 01AUG95 F4 01FEB04 01FEB04 01FEB04 01MAY98 01JAN93

I think,

Sep 2014 PD was not current in Oct 2015 bulletin to file i-485. USCIS accepted your case that was possible mistake done by them at first place. As when i already stated, when I applied i-130 with i-485 they send rejection notice with all the forms and documents as PD was not current, and ask me to re-apply when pd gets current.

[bkp51 2]

Yes I did go to that link for USCIS website for October 2015.

Please see the charts for October 2015 and see what they guided .......

https://www.uscis.gov/visabulletin-oct-15

I dont know how they rejected this i 485 based on their guidelines published on their website ........

yap but see this page for USCIS October 2015 visa bulletin .......... which showed what dates they were using ......

https://www.uscis.gov/visabulletin-oct-15

I agree what you saying but the link you are claiming is not visa bulletin.

In note they says that clearly. every one must follow visa bulletin. It clearly mention that below table is for reference. Please see again.

""

Note: The Department of State (DOS) normally posts the new Visa Bulletin the second week of the month before it will take effect. The DOS Visa Bulletin is the official source of these charts. For ease of reference, below is the current chart (posted within two days of DOS’ new Visa Bulletin).

USCIS will determine which chart is effective for the following month approximately one week after DOS publishes the Visa Bulletin and we will post that chart on this page.

""

Below is the OCT 2015 bulletin.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html

Edited May 14, 2016 by bkp51

[tomal.web 0]

I think,

Sep 2014 PD was not current in Oct 2015 bulletin to file i-485. USCIS accepted your case that was possible mistake done by them at first place. As when i already stated, when I applied i-130 with i-485 they send rejection notice with all the forms and documents as PD was not current, and ask me to re-apply when pd gets current.

But how come it is not current in October 2015? It clearly states on their October 2015 to use those charts. My priority date is earlier than those charts. And that is the thing. Why did they accept my fees and accepted everything including issuing EAD and right now after interview, they rejected me based on this ........ this is so weird ........ I am super frustrated right now.

[bkp51 2]

But how come it is not current in October 2015? It clearly states on their October 2015 to use those charts. My priority date is earlier than those charts. And that is the thing. Why did they accept my fees and accepted everything including issuing EAD and right now after interview, they rejected me based on this ........ this is so weird ........ I am super frustrated right now.

That page you are claiming as visa bulletin is not that actual bulletin.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html

[tomal.web 0]

That page you are claiming as visa bulletin is not that actual bulletin.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html

If you read your link, it also clearly states the following in Section B

USCIS has determined that this chart may be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. Applicants for adjustment of status may visitwww.USCIS.gov/visabulletininfo for additional information.

[bkp51 2]

I agree what you saying but the link you are claiming is not visa bulletin.

In note they says that clearly. every one must follow visa bulletin. It clearly mention that below table is for reference. Please see again.

""

Note: The Department of State (DOS) normally posts the new Visa Bulletin the second week of the month before it will take effect. The DOS Visa Bulletin is the official source of these charts. For ease of reference, below is the current chart (posted within two days of DOS’ new Visa Bulletin).

USCIS will determine which chart is effective for the following month approximately one week after DOS publishes the Visa Bulletin and we will post that chart on this page.

""

Below is the OCT 2015 bulletin.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html

If you read your link, it also clearly states the following in Section B

USCIS has determined that this chart may be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. Applicants for adjustment of status may visitwww.USCIS.gov/visabulletininfo for additional information.

First of all, Its visa bulletin published by DOS not USCIS.

This link you are pointing is additional information link, on that webpage, they have specifically make a Note and clear that current page is for reference not a bulletin.

Its as simple as you ready.

I understand your position, but claiming that link to be true on Visa Journey website not going to make your point for i-485.

You should discuss that with USCIS, Ask them that if PD was not current then why they accepted i-485. You can also discuss that additional information page show the way PD was current.

I also finished my interview yesterday, and as i am in F2A category, officer informed me that he has to check the PD before he make decision. I am still waiting to outcome.

Edited May 14, 2016 by bkp51

[tomal.web 0]

ofcourse I am trying to schedule an infopass which is near impossible as I don find available dates. But I will try as much as possible.

But I did quote that from section B from visa bulletin. I am confused what is going on and want to research as much as possible before talking with USCIS.

[bkp51 2]

ofcourse I am trying to schedule an infopass which is near impossible as I don find available dates. But I will try as much as possible.

But I did quote that from section B from visa bulletin. I am confused what is going on and want to research as much as possible before talking with USCIS.

Yes, You have point here. You are right as they accepted you case at first. just stick with it that if PD was not current they why accepted the case. I am sure this will bring positive outcome.

ofcourse I am trying to schedule an infopass which is near impossible as I don find available dates. But I will try as much as possible.

But I did quote that from section B from visa bulletin. I am confused what is going on and want to research as much as possible before talking with USCIS.

Yes, You have point here. You are right as they accepted you case at first. just stick with it that if PD was not current they why accepted the case. I am sure this will bring positive outcome.

After how may day of Interview that have updated this status?

[tomal.web 0]

they gave me this letter after 3 weeks of interview. I dont get it. They never mentioned this priority date on interview.

[bkp51 2]

Ohh... 3 weeks... Its just a day for me and I am worried with mine. Now more, as officer did bring this topic in Interview.

what did officer told you as outcome of interview, that case needs addition review, pending or will received notice in mail?

Edited May 14, 2016 by bkp51

[bkp51 2]

My F2A i-485 for my spouse was denied because of priority date. But I want to know whether this decision was right or not.

My priority date was Sep, 12 2014. I filed i-485 on October 2015.

USCIS has rejected my i485 after interview based on the reason that visa number was not available based on October 2015 filing.

http://tinypic.com/r/2eaqtfb/9

http://i68.tinypic.com/1iijbd.jpg

I filed in October 2015 based on Section B of USCIS Visa bulletin of October 2015. Based on that visa bulletin, my cut off date for application was March 01, 2015

https://www.uscis.gov/visabulletin-oct-15

Please tell me whether this rejection was valid or not? Should I filed motion for re-open the file or file a new i-485?

Two more people has same problem and they resolved this issue via info pass. See link. There is positive outcome on your case.

http://www.visajourney.com/forums/topic/592590-f2a-485-aos-denied-need-help/

Edited May 14, 2016 by bkp51