Use of Dates for Filing Chart in the November Visa Bulletin

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding the visa bulletin and adjustment of status filings.  

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[krish222]

Hello!

I filed an I-130 in March 2017 for my husband, who was in the US at the time on an F-1 visa (on OPT). On the form, we listed both a city where he would apply for adjustment of status (Chicago) as well as a consular post where he would apply for a visa abroad if he was not eligible for adjustment of status (Mumbai).  (Screenshot of the form attached)

In September 2017, when my husband did not get his H1B visa, he moved to Mumbai. 

This week (October 2018), we received an approval notice stating that our petition has been approved and that "the petition indicates that the beneficiary is in the United States and wishes to apply for adjustment of status to that of a lawful permanent resident" .... "If the beneficiary decides to apply for an immigrant visa outside the United States based on this petition once the priority date is current and the visa is available, the petitioner should file form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the US Department of State National Visa Center (NVC)". 

We were expecting our petition to be moved to the NVC automatically. Did we make a mistake on our I-130 filing? 

Is our only option now to file a form I-824, and can we file one immediately or do we need to wait until his priority date becomes current?

Thank you.

 

[dudesnep]

Hi,

I saw your article on the use of dates of filing (https://www.murthy.com/2018/10/12/newsflash-use-dates-filing-chart-nov-2018-visa-bulletin-categories/), but not sure how it works, can you please elaborate on this? 

 

I applied for a GC in eb1-c category with a priority date in Jan-2017. And I submitted my I-485 too when the status was current in Mar-2018, and I have my EAD and AP. Given this, what will be the status on my AOS process based on the above referenced article?

 

Thanks in advance!

Regards,

Sundeep

[Attorney_22]

On 10/19/2018 at 3:38 AM, krish222 said:

Hello!

I filed an I-130 in March 2017 for my husband, who was in the US at the time on an F-1 visa (on OPT). On the form, we listed both a city where he would apply for adjustment of status (Chicago) as well as a consular post where he would apply for a visa abroad if he was not eligible for adjustment of status (Mumbai).  (Screenshot of the form attached)

In September 2017, when my husband did not get his H1B visa, he moved to Mumbai. 

This week (October 2018), we received an approval notice stating that our petition has been approved and that "the petition indicates that the beneficiary is in the United States and wishes to apply for adjustment of status to that of a lawful permanent resident" .... "If the beneficiary decides to apply for an immigrant visa outside the United States based on this petition once the priority date is current and the visa is available, the petitioner should file form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the US Department of State National Visa Center (NVC)". 

We were expecting our petition to be moved to the NVC automatically. Did we make a mistake on our I-130 filing? 

Is our only option now to file a form I-824, and can we file one immediately or do we need to wait until his priority date becomes current?

Thank you.

 

Yes, unfortunately you will need to file an I-824 to move the case to the NVC. You can always try to submit a Service Request and convince USCIS they made an error and it should automatically be sent to the NVC. However, this is unlikely to be successful. Had you only indicated the Mumbai location and not Chicago, the case would have gone to NVC. 

[Attorney_22]

On 10/19/2018 at 1:59 PM, dudesnep said:

Hi,

I saw your article on the use of dates of filing (https://www.murthy.com/2018/10/12/newsflash-use-dates-filing-chart-nov-2018-visa-bulletin-categories/), but not sure how it works, can you please elaborate on this? 

 

I applied for a GC in eb1-c category with a priority date in Jan-2017. And I submitted my I-485 too when the status was current in Mar-2018, and I have my EAD and AP. Given this, what will be the status on my AOS process based on the above referenced article?

 

Thanks in advance!

Regards,

Sundeep

Section B of the visa bulletin allows individuals to file their adjustment of status applications (when USCIS is willing to accept them). Once filed USCIS will review and pre-adjudicate the application. However, the application cannot be approved and the green card cannot be issued until the priority date is current on section A of the visa bulletin.