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I-485 application with EB1A

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Dear all,

My husband has an approved I-140 from last November. We could not apply for the adjustment of status as he lost his job. Now he got his H1B visa from India and now we will be able to apply for the I-485. He was approved under EB1A category. From what we have learned from USCIS website is that we cannot even send our application now for the adjustment of status and the category is no longer current. Can someone verify on this?



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I told him many times but he did not listen. Now we are suffering. The EB1A category for Indians show Jan 2012 and the USCIS shows that the following:


"Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin."

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