I-485 filing in EB2


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Hi all,

 

I am an india born professional. My I-140 approved under EB3 category in 2011 with a priority date as 5/12/2009. Later in Feb-2016, I have got my I-140 approved under EB2 category with the same employer and my priority date ported. Priority date also mentioned as 5/12/2009 in my approved I-140. 

 

I have filed my I-485 based on current visa bulletin "DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS" which shows 01-JUL-2009. But, my I-485 filing got rejected stating my priority date is not current. I called USCIS customer service and they couldn't able to provide any additional information on rejection.

 

My question is,

Can I file I-485 based on current visa bulletin "DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS" which shows 01-JUL-2009?

 

If I can file, why USCIS rejected my filing? How could I get more details on the reason for rejection? Would it be helpful if I get an appointment with local USCIS to check further on this?

 

I appreciate your advice and response. 

 

Thanks

Arvind

 

 

 

 

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Joe

 

Thanks for your response. I am confused with "APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES" and "DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS" under "employment-based preferences".

 

My employer asked my to file I-485 if my priority dates is current under table "DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS". As per "DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS", the dates for INDIA is "01JUL2009".  

 

Can you please what is "DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS" meant for?

 

Thanks

Arvind

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  • 4 weeks later...

Extract from USCIS Visa Bulletin. This should clear your confusion.

 

"Unless otherwise indicated on the USCIS website atwww.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application 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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