F2A 2018 AOS Filers

[Tenreyro 174]

2 hours ago, ladybirdapple said:

Thank you for all the reply and questions!

Let me reply quick on my tiny phone since I'm in the office. I'm adjusting from H1B visa, I-485 did not change to ready to schedule interview. I expedite I-131 travel document because family medical emergency, then it took 36 days to approve after my original request. I just called them today to check status since my USCIS account still didn't update, the customer service confirmed both case are approved but need to wait "at least" 60 days for card production... I don't know if it's true or not but only wait. 

 

And I am in California like ladybird so I'll try to respond to the rest of questions asap when I got home

I am very sorry about your family medical emergency, and that you have not been able to go, I hope everything is alright, and that you can travel soon to your family.

 

Normally, I have seen it takes 1 to 2 weeks to arrive after the "Card Production" message.

 

Thanks a lot for sharing, hope to hear more good news from you and everyone in the topic.

Edited June 7, 2018 by Tenreyro

[ladybirdapple 7]

10 hours ago, Bfree3 said:

Yes I’m curious as well because I have a job offer as well but wondering about the likelihood of being considered. 

yes @Bfree3 I read lot of ppl are request expedite their I-765 case because of new job offer, I think it worth to try if you want to grab the job offer opportunity 

[ladybirdapple 7]

3 hours ago, Tenreyro said:

I am very sorry about your family medical emergency, and that you have not been able to go, I hope everything is alright, and that you can travel soon to your family.

 

Normally, I have seen it takes 1 to 2 weeks to arrive after the "Card Production" message.

 

Thanks a lot for sharing, hope to hear more good news from you and everyone in the topic.

Thank you, before getting the EAD we can't really plan anything. now still waiting for an accurate card delivery date before booking the ticket. I'll keep updating here if I got any news. 

 

I did get confused about the I-485 interview, when I read the case back in 2015, it seems they will get the interview after priority date become current, but now according to this forum, we could get interview scheduled before priority date become current, is this the correct understanding?

[Bfree3 132]

5 hours ago, ladybirdapple said:

Thank you, before getting the EAD we can't really plan anything. now still waiting for an accurate card delivery date before booking the ticket. I'll keep updating here if I got any news. 

 

I did get confused about the I-485 interview, when I read the case back in 2015, it seems they will get the interview after priority date become current, but now according to this forum, we could get interview scheduled before priority date become current, is this the correct understanding?

Yes it’s possible you could but our theory was that newer applications being sent in (only those with medical attached) were getting early interview dates. 

[AhsanTX 18]

Hi, My PD is January 12, 2017. I am a little scared to file AOS with currently pending  i-130 since I couldn't find anywhere in the USCIS website that says someone with pending i-130 is eligible to file AOS (for spouse of LPR). 
Can anyone please help me find some resources in this matter? 

[Bfree3 132]

38 minutes ago, AhsanTX said:

Hi, My PD is January 12, 2017. I am a little scared to file AOS with currently pending  i-130 since I couldn't find anywhere in the USCIS website that says someone with pending i-130 is eligible to file AOS (for spouse of LPR). 
Can anyone please help me find some resources in this matter? 

Good morning,

 

All of us have filed for AOS with pending I 130 applications and have been accepted, completed biometrics and are now just waiting on interview- (just so you know it is quite possible and you are more than eligible). 

 

 

You can can confirm the information by reading the information that precedes the “chart for filing” which is chart B of the visa bulletin. The information has a link to the uscis page where uscis instructs whether the chart for filing an be used. See attached photos. Keep in mind that AOS is ONLY  for persons who are presently in US 

[AhsanTX 18]

Thanks a lot @Bfree3. I completely missed the word "or" when I read it last time and so I was waiting on getting the approval first. I guess I need to file it ASAP !! 

 

BTW, I am currently in Texas with F1-OPT status (valid til July 2019). I badly need the EAD (pending i-485) to save my current job. 

 

[thepanda 87]

1 minute ago, AhsanTX said:

Thanks a lot @Bfree3. I completely missed the word "or" when I read it last time and so I was waiting on getting the approval first. I guess I need to file it ASAP !! 

 

BTW, I am currently in Texas with F1-OPT status (valid til July 2019). I badly need the EAD (pending i-485) to save my current job. 

 

You should file as soon as possible and then try to expedite i-765 as soon as you completed your biometrics.

Edited June 8, 2018 by thepanda

[Tenreyro 174]

12 minutes ago, AhsanTX said:

Thanks a lot @Bfree3. I completely missed the word "or" when I read it last time and so I was waiting on getting the approval first. I guess I need to file it ASAP !! 

 

BTW, I am currently in Texas with F1-OPT status (valid til July 2019). I badly need the EAD (pending i-485) to save my current job. 

 

I agree with @Bfree3 and @thepanda. File and after it arrives request a expedite based on a job offer. It can be via InfoPass or telephone. 

 

And is normal, many people think filing AOS with a pending I-130 is just for USC, but is for all family preferences. In this topic all of us or almost all had pending I-130 when filed AOS.

 

Good Luck! Don't let the hurry to file make you make mistakes on your forms, read all the instructions and be thorough, and if you can, do the Medical.

[VG31 23]

Hello Everyone,

 

I've been following your comments from a long time and I really appreciate all your input and suggestions.

 

Here is my background:-

 

- Spouse of LPR

- Filed I-130 and is pending at California Service Center

- PD 2017-04-27

- Status currently working in USA on H1B Visa

 

I am also in a similar situation and my attorney is not recommending me to file I-485 based on current Chart B dates and asking me to wait till my I-130 is approved.

 

Since my H1b will exhaust by next year i.e. 6 years, I cannot extend it beyond 6 years since I've already filed for form I-130 and not sure how long this will take to get approved. 

 

I also couldn't able to find any official language or article which tells legaly you can file I-485 while I-130 is pending and Chart B date is current.

 

Do you've any suggestions?

 

Appreciate your help.

 

Thanks,

VG

[Bfree3 132]

21 minutes ago, VG31 said:

Hello Everyone,

 

I've been following your comments from a long time and I really appreciate all your input and suggestions.

 

Here is my background:-

 

- Spouse of LPR

- Filed I-130 and is pending at California Service Center

- PD 2017-04-27

- Status currently working in USA on H1B Visa

 

I am also in a similar situation and my attorney is not recommending me to file I-485 based on current Chart B dates and asking me to wait till my I-130 is approved.

 

Since my H1b will exhaust by next year i.e. 6 years, I cannot extend it beyond 6 years since I've already filed for form I-130 and not sure how long this will take to get approved. 

 

I also couldn't able to find any official language or article which tells legaly you can file I-485 while I-130 is pending and Chart B date is current.

 

Do you've any suggestions?

 

Appreciate your help.

 

Thanks,

VG

Hi, 

 

Please read the same  information I posted earlier today. The chart is showing that you can file. And applying for AOS will have no effect on the status you currently hold. I don’t know why your lawyer is advising you against it but the choice is yours. My PD is April 24,2017 for i130 so you are a few days after me. There is no telling when we will be approved for that.The sooner you can file the AOS the sooner you will be placed in line (and if you send your medical along with it you should go even faster or so we have seen here).

 

I can’t tell you what to do but if you’ve been reading our forum as you said then you can clearly see that all of this is quite possible so you should file ASAP and that goes for anyone else reading and wondering. 

[VG31 23]

Thank you @Bfree3for your help and suggestion. I really appreciate that.

 

Regards,

VG

[thepanda 87]

4 hours ago, VG31 said:

Hello Everyone,

 

I've been following your comments from a long time and I really appreciate all your input and suggestions.

 

Here is my background:-

 

- Spouse of LPR

- Filed I-130 and is pending at California Service Center

- PD 2017-04-27

- Status currently working in USA on H1B Visa

 

I am also in a similar situation and my attorney is not recommending me to file I-485 based on current Chart B dates and asking me to wait till my I-130 is approved.

 

Since my H1b will exhaust by next year i.e. 6 years, I cannot extend it beyond 6 years since I've already filed for form I-130 and not sure how long this will take to get approved. 

 

I also couldn't able to find any official language or article which tells legaly you can file I-485 while I-130 is pending and Chart B date is current.

 

Do you've any suggestions?

 

Appreciate your help.

 

Thanks,

VG

I also do not understand why your lawyer advises against it. If your visa expires next year, you will not be able to stay in the US. Currently the process times get longer and longer. Worst case scenario you will have to go back home and file via CP from your home country. If you file file AOS you will be able to stay even if your H1B Visa expires and with the work permit (i-765) that you would be filing at the same time with form i-485 would allow you to continue working. Anywhere. If I were you I would file asap but as Bfree3 said before, it is your choice.

Edited June 8, 2018 by thepanda

[VG31 23]

I appreciate your response @thepanda .

 

I've been trying to tell the same to my attorney but they think and believe since there is no official article/statement which tells whether you can file AOS while I-130 is pending using Chart B Date for F2A Category or not. They're saying it's up to me whether I want to take the risk or not and if the petition is rejected then I've to pay all the legal and filing fee again to them.

 

I understand with the above information provided by Bfree3, it says -

 

If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for Filing Visa Applications chart. Otherwise, we will indicate on this page that you must use the Application Final Action Dates chart to determine when you may file your adjustment of status application.

 

When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: June 2018

Versión en español

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process. If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485, Application to Register Permanent Residence or Adjust Status. This page will help you determine when to file your adjustment of status application.

 

The above information doesn't specifically tells which category, specially this statement "If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485". Is little bit confusing and that's one of the reason my attorney think I cannot file I-485 and need to wait until my I-130 is approved.

 

As far my H1b is concerned I may get another 4-6 months of extensions after applying for H1b extension but with current situation we are seeing denial even on H1b extension.

 

I am not trying to create any confusion and I apologize if it feels that way. Just trying to tell what my attorney has told me.

 

I will try to talk to them again and will follow up with them.

 

I will make sure to post the update once I receive from them.

 

Once again I really appreciate each one of yours help.

 

Thanks,

VG

[Bfree3 132]

@VG31 There doesn't need to be an official statement per say. You simply fall under the category of eligibility at this time

1. You have a pending application

2. You are holding current legal status under H1B

3. You are married to an LPR

 

Yes, the wording sounds confusing; I was confused as well but what  @thepanda and I are trying to show you is that there is no need to be confused since we have all already done this. Use us as your examples. If you send your i485 and it is rejected as your attorneys are saying due to a pending i130 (which we ALL have), I would think they wouldn't cash your checks and would return your package to you(somebody correct me if I'm wrong). And since I'm not wrong, your application will be accepted and you will complete your biometrics in a few weeks of acceptance and be placed in line for interview as we all have - ONLY if you file it ASAP ;otherwise you wait patiently and see what happens with your approval for i130 then file months from now. 

 

At this point, I don't think it'll matter what your lawyers say, simply because we KNOW it can be done and has been done for years now. Be mindful of your lawyers as well. I've seen one too many comments about lawyers mucking up people's applications all over this forum. It's hilarious when you really think about it..if I paid hundreds to thousands of dollars to someone to do what I can do and they muck it up, I'd go ballistic. A friend of my husband who moved here before me, married a CITIZEN and still doesn't have anything as yet, hasnt even done bio-metrics but they have a lawyer and they started the process months before I did. 

Edited June 8, 2018 by Bfree3