What if I-130 is approved for IR1 visa and I want to AOS ?

[JulienR 92]

Hi all,

 

I am in an unusual situation, let met me explain. We filed the I-130 in February 2019, were sent to Nebraska. After that, I had the opportunity to transfer within y company and got an L1B visa which is dual status and allows me to AOS. I am moving to the US next week. It will probaly take a couple of months before we get settled and I can send my AOS application. By that time, we will get close to the estimated approval date for our I-130. So I wonder if I should just wait  a couple months more until the I-130 is approved and then send the AOS application. Does it matter ? Also, if I wait for the I-130 to be approved, my case will then be sent to NVC as we originally applied for an IR1 visa. Could that have a negative impact on my AOS? Thank you.

[USS_Voyager 1,972]

34 minutes ago, JulienR said:

So I wonder if I should just wait  a couple months more until the I-130 is approved and then send the AOS application. Does it matter ?

No, it doesn't matter. Just send the AOS (I485/I131/I765) as soon as you are in the US. Provide a copy of the NOA1 of the I-130 as well. 

[pushbrk 13,139]

11 hours ago, USS_Voyager said:

No, it doesn't matter. Just send the AOS (I485/I131/I765) as soon as you are in the US. Provide a copy of the NOA1 of the I-130 as well. 

I would agree.  However, be aware that the timing could result in the I-130 being approved before the I-485 gets joined with it.  You may have to redirect the approved I-130 from NVC back to USCIS to be joined with your Adjustment of Status package.

[JulienR 92]

16 hours ago, pushbrk said:

I would agree.  However, be aware that the timing could result in the I-130 being approved before the I-485 gets joined with it.  You may have to redirect the approved I-130 from NVC back to USCIS to be joined with your Adjustment of Status package.

That is precisely my concern. How would I do that? Just call NVC?

[pushbrk 13,139]

7 hours ago, JulienR said:

That is precisely my concern. How would I do that? Just call NVC?

and/or email

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[JulienR 92]

Update. Due to a series f unfortunate circumstances, I  could not file for AOS as early as I hoped for and my I-130 was approved (yeay) and sent to NVC just before I filed. I called USCIS who told me to call NVC. Called them at 7:00AM sharp and had to wait 1h15 minutes to basially be told to wait for my case number and send them an email then. I received the case number and sent the email on February 12 but they are currently processing emails form 2 months ago so I just have to wait more....