AOS for family based immigration petition


hjpatel

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Hi,

Currently I'm In US with H1b visa along with my wife on H4.

My father (petitioner) has filed immigration petition in March 2003. At time of petition I was I married and my father was lawful permanent resident (green card). I got married in Dec 2007. My father became U.S. Citizen in July 2008. In July 2008, he updated my status to married and his status to Citizen. NVC sent a letter saying that more than one petition filed for me and they are combining to one with priority date with Dec 2003 in category F1 ( Unmarried son and daughter of US Citizen) .

In Dec 2013, NVC sent us letter saying that visa number are available and advised us to file AOS. After consulting NVC and USCIS over the phone , we confirmed that visa is indeed available for our case. We filed for I-485 based on priority date of March 2003, we went for fingerprinting as requested and then We were requested to attend interview at Newark, NJ. At the time of an interview, interviewer said that visa number are not available for your case as your priority date is now July 2008 and she needs more time to review my case. When I showed her the letter from NVC stating they combined petition with priority date march 2003, she said she,s not sure why NVC would send such letter, but will check with them.

My questions are -

1. Based on above, what should be my priority date, March 2003 or July 2008?

2. What are the chances of my i485 approved?

3. Is there any chance that NVC might send such letter in error ?

4. Can we leave US while our case is in review status?

Let me know if I should provide more detail on something.

Thank You,

Hemal

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Hi,

Currently I'm In US with H1b visa along with my wife on H4.

My father (petitioner) has filed immigration petition in March 2003. At time of petition I was Unmarried and my father was lawful permanent resident (green card). I got married in Dec 2007. My father became U.S. Citizen in July 2008. In July 2008, he updated my status to married and his status to Citizen. NVC sent a letter saying that more than one petition filed for me and they are combining to one with priority date with Dec 2003 in category F1 ( Unmarried son and daughter of US Citizen) .

In Dec 2013, NVC sent us letter saying that visa number are available and advised us to file AOS. After consulting NVC and USCIS over the phone , we confirmed that visa is indeed available for our case. We filed for I-485 based on priority date of March 2003, we went for fingerprinting as requested and then We were requested to attend interview at Newark, NJ. At the time of an interview, interviewer said that visa number are not available for your case as your priority date is now July 2008 and she needs more time to review my case. When I showed her the letter from NVC stating they combined petition with priority date march 2003, she said she,s not sure why NVC would send such letter, but will check with them.

My questions are -

1. Based on above, what should be my priority date, March 2003 or July 2008?

2. What are the chances of my i485 approved?

3. Is there any chance that NVC might send such letter in error ?

4. Can we leave US while our case is in review status?

Let me know if I should provide more detail on something.

Thank You,

Hemal

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