I485 F2b Denied because of priority date

[Hypnos 6,576]

I don't see anything in the DoS chart that indicates it can only be used for F2A.

[patelsp 0]

Check below screen from USCIS web for April - 2016

[Hypnos 6,576]

Again, nothing there says you cannot file. USCIS decided to accept AoS applications under the "Dates For Filing" section for April 2016 for all family-based petitions (see their own chart). For employment-based that month they used the "Application Final Action" dates, but not family-based.

 

It doesn't affect only certain categories; it's a blanket designation. In April 2016 all family-based categories could use "Dates For Filing", and all employment-based categories had to use "Application Final Action dates.

[patelsp 0]

2 minutes ago, Hypnos said:

I don't see anything in the DoS chart that indicates it can only be used for F2A.

It is there just above the 2nd chart which says "Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS." Now paragraph 4.A is family based F2A. Can you please check this?

[Hypnos 6,576]

You are mistaken.

 

4-A refers to the entire chart.

 

Edited June 26, 2017 by Hypnos

[patelsp 0]

38 minutes ago, Hypnos said:

You are mistaken.

 

4-A refers to the entire chart.

 

Okey. Got it. So I have in big problem here. I consulted two lawyers. One is saying to file MTR and you are with him on same page using this chart. The other lawyer does not use to this chart to determine any kind of eligibility for such case. He says USCIS is correct as you filed early. You have to get approval from USCIS for your unauthorized stay from "Dec -2106(Student visa expired as graduated) to Now." Than you reopen Case to Bombay Consulate overseas and tell them you had denied i485 for so and so reason but your stay was lawful. And so to allow to enter again into United states. What do you think? With which lawyer I can go? And Lets say if I file or MTR and it denies again, How much time do I have to fly back to leave from  here being in lawfully.

[Hypnos 6,576]

Well, I'm going to say the first lawyer is correct since they agree with my position and I believe I'm right.

 

You may wish to speak to lawyers regularly recommended around here. One would be Lizz Cannon, and another would be Carl Shusterman. If they both told you the same thing then I'd be inclined to believe it 100%, whatever it was.

Edited June 26, 2017 by Hypnos

[patelsp 0]

7 minutes ago, Hypnos said:

Well, I'm going to say the first lawyer is correct since they agree with my position and I believe I'm right.

 

You may wish to speak to lawyers regularly recommended around here. One would be Lizz Cannon, and another would be Carl Shusterman. If they both told you the same thing then I'd be inclined to believe it 100%, whatever it was.

How can I consult them? Can you please help.

[Hypnos 6,576]

http://www.lizzcannonlaw.com/contact-lizz/ (initial consultation is free)

 

https://www.shusterman.com/schedule-immigration-consultation/ (initial consultation is $425--there's a reason he is probably the best immigration attorney in the country, and that costs $$$)

 

 

[patelsp 0]

12 minutes ago, Hypnos said:

http://www.lizzcannonlaw.com/contact-lizz/ (initial consultation is free)

 

https://www.shusterman.com/schedule-immigration-consultation/ (initial consultation is $425--there's a reason he is probably the best immigration attorney in the country, and that costs $$$)

 

 

I tried to reach both of them. I have submitted request to first one. The other has backlogs for appointments and I was thinking do you have any other such lawyer with expert in such cases.?

[Hypnos 6,576]

Laurel Scott would be another one that comes to mind.

 

http://www.scottimmigration.net/content/consultation-overview

[patelsp 0]

4 hours ago, Hypnos said:

Laurel Scott would be another one that comes to mind.

 

http://www.scottimmigration.net/content/consultation-overview

Hello Hypnos,

I just realized something more on this. So below are both charts.

 

Application Final Action Dates (dates when visas may finally be issued); and

Dates for Filing Applications (earliest dates when applicants may be able to apply).

 

5 days after NVC publishes charts, USCIS determines every month which chart to use to determine eligibility to Apply for i485. For example, check attached screenshot used for June-2017 saying which chat to use for this(June-2017) month and see highlighted. Now for April-2016, they do not have that notice on USCIS webpage. I consulted an online lawyer who said this and told that only way to know that USCIS allowed to use "Dates for filing Applications" for April-2016 can be know by asking USCIS only. 

 

So is this mean that if USCIS mentioned, like highlighted in picture, to use "Dates for filing Applications" THAN ONLY you can user that chart to determine eligibility to apply for i485?

 

Attached screen is from below link.

https://www.uscis.gov/visabulletininfo

[Hypnos 6,576]

USCIS changed the way they phrased things on their Visa Bulletin page in more recent months. It wasn't a material change, just a change in how the information was presented. 

[patelsp 0]

5 minutes ago, Hypnos said:

USCIS changed the way they phrased things on their Visa Bulletin page in more recent months. It wasn't a material change, just a change in how the information was presented. 

..trying to get you. what point you are trying to make here?

[Hypnos 6,576]

I'm saying it makes no difference. 

 

Look, the chart I've linked to at least twice makes it quite clear here. Either you believe the chart, in which case your issues were caused by a USCIS screw up, or you don't. That's really what it boils down to.