F2A advancing fast-questions on AOS

[barryfaetheus]

So not only was she benched without pay for four months, she's also working in an area without an LCA? Delightful - one of the signs of the apocalypse will be when desi consultancies follow US immigration law.

Please read my post again. I said we DO have the LCA for the new area. My question was whether to submit it or not.

 

[barryfaetheus]

I remember reading of them accepting it for non-IR family-based cases when the visa number is available, but as of now I can't find anything definitive that says they do or they don't. Maybe I remembered wrong, or they're just being silent on it because it's never happened since they began accepting concurrent filing.

Here is what I found:
http://murthy.com/news/n_match.html

Specifically this section:
Regulations issued in 2002 provide that a beneficiary of an I-130 petition may file his/her I-485 application while the I-130 petition is pending, as long as a visa number is immediately available. While the I-130 petition and I-485 application may be filed together at a local office, the I-130 petition must be filed at a Service Center if it is filed without the I-485 application. The lone filing is the only option available in family preference cases, when the priority dates are not current. If the I-130 is filed by itself, the I-485 application is still filed at the local USCIS office, even if the I-130 remains pending at the USCIS Service Center.

And here is another one from Ron Gotcher's Imm info site:
Re: I-130 approval pending. PD current but no approval. Should/Could I file I-485?
In most cases, family based applicants (other than immediate relatives) have received approvals by the time their priority dates become current. It is not necessary for this to be the case, however, in order to file. If Congress waved its magic wand tomorrow and passed legislation making all preference categories "current" overnight, both employment and family based applicants would be able to concurrently file preference petition/adjustment of status packages.

A visa cannot be approved until a preference petition is first approved, but eligibility to file for adjustment of status does not depend upon having an approved preference petition - you only need be eligible.
http://www.immigration-information....-no-approval-should-could-i-file-i-485-a.html

 

[barryfaetheus]

I remember reading of them accepting it for non-IR family-based cases when the visa number is available, but as of now I can't find anything definitive that says they do or they don't. Maybe I remembered wrong, or they're just being silent on it because it's never happened since they began accepting concurrent filing.

Here is another one, where this specific question is answered by a Murthy Attorney.

http://murthyforum.atinfopop.com/4/...?a=tpc&s=1024039761&f=5954000912&m=7751051802

 

[barryfaetheus]

What "application type" should be selected on the I-485 when the I-130 is pending? Should we select type "a" (approved immigrant petition), and just add a note stating that the case is actually pending with a current priority date? Or is it better to select "h" (other basis of eligibility) and just write "Pending I-130, current priority date".