Two I-797C Rejection Notice - Can anyone help?

[Visitor User 253]

Hello. The Beneficiary received Two I-797C, Notice of Action: Rejection Notice for I-485 and I-765 Employment Authorization. Received on 7/19/2017 and notice date 7/25/2017.

 

I-130 Approved as of May 19th, 2014.

 

Priority Date: June 9th, 2011.

 

Assuming the rejection notice was based on Visa Bulletin of July 2017.

 

The notice says 'Based on the information you provided, a visa is not immediately available for your priority date.

 

Unless otherwise indicated on he USCIS website, individuals seeking to file applications for AoS with USCIS must use the 'Application Final Action Dates'.

 

Beneficiary is in the F1 Category. Final Action Date shows 22DEC10 for July 2017 VB.

Dates for Filing Applications shows 22JUL11.

 

The entire package with any supporting documents and fees is being returned.

 

I thought the Filing app dates were enough to file the package?

 

[geowrian 22,338]

For AOS, you need to go by the AOS filing chart (which uses the final action dates). This differs from filing for an immigrant visa, which permits filing as of the "dates for filing" chart provided by DOS:

https://www.uscis.gov/visabulletininfo

 

Edited July 30, 2017 by geowrian

[Visitor User 253]

42 minutes ago, geowrian said:

For AOS, you need to go by the AOS filing chart (which uses the final action dates). This differs from filing for an immigrant visa, which permits filing as of the "dates for filing" chart provided by DOS:

https://www.uscis.gov/visabulletininfo

 

When does the 'Dates for Filing Applications' matter? Also, Would you this same packet effect the outcome of the application again when re-submitted? What about the Medical Exam done already?

[geowrian 22,338]

1 minute ago, Visitor User said:

When does the 'Dates for Filing Applications' matter? Also, Would you this same packet effect the outcome of the application again when re-submitted? What about the Medical Exam done already?

When you apply for an immigrant visa, they will permit filing based on the "Dates for Filing Applications" (albeit they won't proceed with processing until the final action date). AOS does not involve a visa and only uses the final action dates listed in the link noted above.

 

You are free to submit the same packet if the contents are still correct and current (i.e. they haven't stopped accepting that edition of the forms)...albeit you may need to provide some updated documentation such as newer paystubs or tax returns for the I-864. You're essentially just filing again using the same papers.

The medical is valid for one year. If it is over one year at the time of filing, you will need a new one.

 

NOTE: Whoever you are petitioning must still qualify for AOS, obviously. If, for instance, you are an LPR and they are in the US on a tourist visa, then they must still have legal status when you refile (overstay is NOT ignored in that circumstance).

[Visitor User 253]

1 hour ago, geowrian said:

When you apply for an immigrant visa, they will permit filing based on the "Dates for Filing Applications" (albeit they won't proceed with processing until the final action date). AOS does not involve a visa and only uses the final action dates listed in the link noted above.

 

You are free to submit the same packet if the contents are still correct and current (i.e. they haven't stopped accepting that edition of the forms)...albeit you may need to provide some updated documentation such as newer paystubs or tax returns for the I-864. You're essentially just filing again using the same papers.

The medical is valid for one year. If it is over one year at the time of filing, you will need a new one.

 

NOTE: Whoever you are petitioning must still qualify for AOS, obviously. If, for instance, you are an LPR and they are in the US on a tourist visa, then they must still have legal status when you refile (overstay is NOT ignored in that circumstance).

Based on the VB. It looks like on estimate another 5-6 months? So re-mail the packet the day the VB is released and shows the PD is current? This is also for I-485 Supplement A (245i grandfathered). Petitioner is a USC Mother filing for Son, unmarried 21+ in the F1 category.

Edited July 30, 2017 by Visitor User

[geowrian 22,338]

11 hours ago, Visitor User said:

Based on the VB. It looks like on estimate another 5-6 months? So re-mail the packet the day the VB is released and shows the PD is current? This is also for I-485 Supplement A (245i grandfathered). Petitioner is a USC Mother filing for Son, unmarried 21+ in the F1 category.

Roughly. The calculator I used suggests March 2018 based on past performance. They've been advancing (on average) the F1 preference category about 8.5 months every year. This assumes your cased falls under the "Other"/"Worldwide" category (not China, Mexico, India, or Philippines).

 

You can re-submit the packet once the PD is current. Be sure to check the USCIS chart for AOS Final Action Dates: https://www.uscis.gov/visabulletininfo

[Visitor User 253]

5 hours ago, geowrian said:

Roughly. The calculator I used suggests March 2018 based on past performance. They've been advancing (on average) the F1 preference category about 8.5 months every year. This assumes your cased falls under the "Other"/"Worldwide" category (not China, Mexico, India, or Philippines).

 

You can re-submit the packet once the PD is current. Be sure to check the USCIS chart for AOS Final Action Dates: https://www.uscis.gov/visabulletininfo

http://www.myprioritydate.com/ shows March 2018 assuming it is going by 'Final Action Dates' based on August data.

 

http://www.mygcvisa.com/calculator/ shows December 2017 based on August data assuming 'Final Action Dates'.

 

Which one would be more of an accurate estimate? Any other calculators?

 

Also, since May 2017 VB. The beneficiary's PD was current for Filing but not Final Action. Did the Beneficiary miss any chance since May to submit the packet based on Filing only?

 

Also, is there a chance the Beneficiary will be able to file before Final Action date become current?

Edited July 31, 2017 by Visitor User

[geowrian 22,338]

7 minutes ago, Visitor User said:

http://www.myprioritydate.com/ shows March 2018 assuming it is going by 'Final Action Dates' based on August data.

 

http://www.mygcvisa.com/calculator/ shows December 2017 based on August data assuming 'Final Action Dates'.

 

Which one would be more of an accurate estimate? Any other calculators?

 

Also, since May 2017 VB. The beneficiary's PD was current for Filing but not Final Action. Did the Beneficiary miss any chance since May to submit the packet based on Filing only?

 

Also, is there a chance the Beneficiary will be able to file before Final Action date become current?

They're both estimates. The first calculator uses recent progress to estimate how fast they are currently processing (8.5 months forward over the past 12 months). The second one basically assumes they will process 1 month of petitions every month (12 months forward every 12 months). How many are actually processed varies heavily from month to month...it could be sooner than both of them, or later than both.

 

I personally don't know of any other calculators, but I'm sure there's something out there. I personally tend to go by the first one as it's more data-driven, but it's still just an estimate.

 

No, nothing has been missed.

 

Only if she has another way to qualify for AOS (not the F1 preference petition). The main one being if she was married to a USC, which has a visa available immediately for a spouse. But that process would require a new I-130 (concurrently filed with the I-485), so it would take probably about a year for approval anyway and probably wouldn't result in an actual green card any sooner.