Received email from NVC for my F4 petition, while I am in US


dhawalk1981

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I am in USA with H1B visa. My sister had filed my immigration petition under F4 in Sep of 2002. My father had recently received a letter from NVC in India asking me to fill up DS261. I promptly did that and stopped thinking about it as my priority date of Sep 2002 is not current.

 

But then I receive a follow-up email form NVC, asking me go to http://nvc.state.gov and do the following 

 

Step 2: Pay fees
Step 3: Submit visa application form
Step 4: Collect financial documents
Step 5: Collect supporting documents
Step 6: Submit documents to the NVC
 
 
There is also a note saying If the applicant intends to adjust with U.S. Citizenship and Immigration Services (USCIS), please contact the NVC before taking further action or making any payments.
 
my date is not current, so I confused what does this letter mean?
 
I am trying to call the number - 603-334-0700, but it simple disconnects 
 
Also, if this letter means that my file is current, I am not sure whether i should if is should do AOS or go for consular processing. Can anyone help me understand the pros and cons of each with respect to my situation ? Also, how will each of these processes affect my H1 and ability to continue to work in USA?
 
 
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Your sister must have filed F4 as consular processing - reason being you were in India that time. 

 

NVC usually contact beneficiary when they know your date would become current shortly. If you complete the steps asked by NVC, NVC will schedule the interview. If the interview is scheduled, it means a immigrant visa (GC) is reserved for you. Just go to the US consulate in your home country for the interview. Once interview is successful, you will get GC and you can come back to US on GC. If denied, you can still travel to US on your H1b (assuming you have H1b visa stamped).

 

If you contact NVC in case you would like to adjust the status in US, NVC would move your case to USCIS. When your date becomes current, you could file AOS (I-485) along with EAD / AP and adjust the status. You don't have to leave US if you choose this route and get EAD / AP as fringe benefits of AOS pending.

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The NVC contacts people in anticipation of the priority date becoming current. They essentially want to contact people in advance, so that the cases are all complete and in the pipeline so that they can have interviews when the visa is available.

 

The I-485 can't be filed until the priority date is current. The NVC is basically just saying that if a person is going to adjust status, they shouldn't pay the consular fees or submit unneeded documents to NVC. They also want to know if the plan has changed, so they can close out the case from their end.

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