I-130 approval pending. Priority date current. Should/Could file I-485?

[cace]

Hello,

I apologize if this question has been asked before. I am new to these forums and I couldn't find this specific question, so here it goes.

My mother filed an I-130 application on my behalf back in 06/2000. Because I'm married and over 21 my application belongs to the third preference category. According to the last visa bulletin my priority date has become current and I should be able to file the I-485 form.

There is a little problem though. My mother received a notice of action in which they say that the application was received on 06/2000. She never received the approval notice. I've called USCIS several times asking for the status of my case and they've always said that they would request an inquiry (I'm not sure if that's the exact word they used) and that something would be sent in the mail within 45 days. But nothing was ever sent and subsequent calls only get me back to the same place: another system inquiry and a response that never comes. The I-130 was sent to the Nebraska Service Center but I've heard from some people that Nebraska is not handling I-130 petitions anymore, so I'm not sure this has anything to do with my problem.

Currently I'm in the USA under H-1B status. However, I'd like to get my green card as soon as possible because I'm looking for another job and many of them are restricted to citizens and permanent residents.

Should I file for adjustment of status (form I-485) without the approval notice? Could I? What would the implications be?

I'd appreciate your advice on my case. If you know of other places where this question has been addressed please point me to those sources.

Best regards,

cace

[LucyMO]

did you ever check the status of the petition online?

when you call USCIS, ask to talk to the immigration officer, not to the customer service clerk that answers your call.

[cace]

Originally Posted by LucyMO

did you ever check the status of the petition online?

when you call USCIS, ask to talk to the immigration officer, not to the customer service clerk that answers your call.

Hi Lucy,

The status online says "case received and pending".

Next time I call I'll make sure I talk to an immigration officer. I thought they were all immigration officers, not clerks.

Thank you. Best regards,

cace

[JAYESH1976]

HI,

I WOULD REALLY APREICATE IF YOU CAN HELP ME. My cousin is facing same situation you were in. Her I-130 is still pending approval and priority date has become current. Did you file for adjustment after I-130 was approved? and if so how did you get it approved.

thank you

[Jackolantern]

You don't need to wait until the I-130 approval to file AOS. You just need your priority date to be current, and to have a copy of the I-130 filing receipt (and the other associated AOS documents, like the medical etc.).

Make an Infopass appointment to find out the status of the I-130. Calling is useless 99% of the time.