Recent file I485 for AOS by Chart B F2A

[James777 0]

Hello everyone,

My PD is 10/08/2015. I am in US by F-1 student Visa and my wife is green card holder.

We filed I-485, I-797 and I-131 to USCIS in 1st June.

So far we do not receive any notification by USCIS and don't what to do next.

Please comment this thread if you already went through this process or are in the same boat.

I really appreciate it for any advice.

[IcezMan_IcezLady 582]

is this different from what you have on your timeline?

[arken 4,197]

Your PD is 10/08/2015 and you filed for AOS!!!! You would be one of the luckiest one if USCIS doesn't not send your package back.

[James777 0]

Hi,

Why will they send the package back? My PD is current under chart B DATES FOR FILING FAMILY

[arken 4,197]

Hi,

Why will they send the package back? My PD is current under chart B DATES FOR FILING FAMILY

The chart you are using is for NVC/consular processing. For AOS with USCIS, you need to look at https://www.uscis.gov/visabulletininfo

USCIS is using the final action table not the filing table.

Edited June 20, 2016 by arken

[KayDeeCee 4,893]

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

[James777 0]

The chart you are using is for NVC/consular processing. For AOS with USCIS, you need to look at https://www.uscis.gov/visabulletininfo

USCIS is using the final action table not the filing table.

You mean I need to file my document to NVC?

[newacct 688]

No. What they mean is that you were NOT eligible to file AOS in June. Your application will be rejected.

If you were going through Consular Processing, they might start processing your application around this time, but the Consular Processing process is initiated by them anyway, not you, so the date doesn't enable you to do anything in that case either.

Edited June 20, 2016 by newacct

[arken 4,197]

The chart you are using is for NVC/consular processing. For AOS with USCIS, you need to look at https://www.uscis.gov/visabulletininfo

USCIS is using the final action table not the filing table.

You mean I need to file my document to NVC?

Let me put it in a simple way:

Your AOS package will likely be returned back to you. Thereafter, you need to look at https://www.uscis.gov/visabulletininfo on a monthly basis to find out if you can file for AOS. For this month cut off date is 15Nov2014 and yours is Oct 2015, so your PD is not current to file for AOS. USCIS might change the cutoff dates later on that's why you need to look at that site monthly. Do not simply follow visa bulletin charts from travel.state.gov site.

You need to maintain your F1 status during that time.

[EM_Vandaveer 2,408]

You need to wait about another year before your PD will be current to file for AOS. Make sure to keep your F1 status because if you go out of status you will not be able to file for AOS as a spouse of LPR.

[James777 0]

Oh, my god. I totally understand after some research.

That chart B for applications from outside of US VISA APPLICATIONS from NVC.

The dates of AOS is till stuck in 06/15/2015.

It seems Ｉcan apply visa from NVC according to consular process, am I right?

[arken 4,197]

Oh, my god. I totally understand after some research.

That chart B for applications from outside of US VISA APPLICATIONS from NVC.

The dates of AOS is till stuck in 06/15/2015.

It seems Ｉcan apply visa from NVC according to consular process, am I right?

The date of AOS is stuck at 15/NOV/2014 not 06/15/2015. If you think you will be attending college for another 1 year, there is no reason to go through NVC. Overall AOS through USCIS will be faster as long as you stay in US under valid F1 status.

Right now, NVC is just collecting documents based on Chart B table but it is using Chart A Table (with 15NOV2014) for scheduling interview. So you don't gain anything by going to NVC. Only if you think you cannot stay in F1 status for that long, then yes you have to go through NVC process.

[James777 0]

The date of AOS is stuck at 15/NOV/2014 not 06/15/2015. If you think you will be attending college for another 1 year, there is no reason to go through NVC. Overall AOS through USCIS will be faster as long as you stay in US under valid F1 status.

Right now, NVC is just collecting documents based on Chart B table but it is using Chart A Table (with 15NOV2014) for scheduling interview. So you don't gain anything by going to NVC. Only if you think you cannot stay in F1 status for that long, then yes you have to go through NVC process.

OK. This is helpful .

Many thanks.

I will update if I get another questions

Thanks all

[newacct 688]

Also note that the chart that USCIS uses is either Chart A or Chart B from the Department of States's visa bulletin, and USCIS chooses each month which one to use. So in April 2016 and before, USCIS was using Chart B, so dates up to 6/15/2015 could file AOS back in April 2016. However, for May and after, USCIS switched to Chart A, so that's why it's so far back (and in fact many of the people who could have filed AOS in April are no longer eligible to file if they had waited into a future month). USCIS might switch back to Chart B again in some future month; it's impossible to predict. If they do, you would likely be able to AOS immediately in that month, since Chart B dates are so far ahead. You just have to check every month and see.

Edited June 20, 2016 by newacct

[James777 0]

Also note that the chart that USCIS uses is either Chart A or Chart B from the Department of States's visa bulletin, and USCIS chooses each month which one to use. So in April 2016 and before, USCIS was using Chart B, so dates up to 6/15/2015 could file AOS back in April 2016. However, for May and after, USCIS switched to Chart A, so that's why it's so far back (and in fact many of the people who could have filed AOS in April are no longer eligible to file if they had waited into a future month). USCIS might switch back to Chart B again in some future month; it's impossible to predict. If they do, you would likely be able to AOS immediately in that month, since Chart B dates are so far ahead. You just have to check every month and see.

Yes,you points out my concerns. Thanks a lot.

I made a huge mistake at the beginning that I always focus on the Visa Bulletin of DOS for people in outside of states.

Here is my situation:

I work at a a company by holding F-1 OPT extension. But it will expire this October. At the first,I thought I am lucky I may get my new EAD card after filing I-485.

Now this situation make me embarrass, I do not know what to do next to maintain my status until I am eligible to file I-485.

Please advice if you have any idea.

Thanks