Can somebody clear this up for me?

Denverite

Registered Users (C)
I had heard that the state department visa bulletin refers only to Consular Processing. And that for domestic processing (already residing in the US on an H-1B, with an approved I-130) does not need to wait on a visa number to be available, that I can go ahead and file my I-485 AOS. is this true?
 
If you already have an approved I-130, then why should you not be able to file for Adjustment of Status? Does that not give you a visa number?
 
Denverite said:
I had heard that the state department visa bulletin refers only to Consular Processing. And that for domestic processing (already residing in the US on an H-1B, with an approved I-130) does not need to wait on a visa number to be available, that I can go ahead and file my I-485 AOS. is this true?

That is true only for the immediate relatives of a USC.

If you belong to other preference categories, you MUST wait for your PD to become AND I-130 to be approved current before you apply I-485.

I assume your category is F1 (Unmarried Sons and daughters of USC)? If yes, the current processing date is 2001 and your PD is 2002. You have atleast 1 year wait before your PD becomes current. I have already answered this question in the past, so repeatedly asking the same question will not make you eligible to file I-485 ;)
 
running_swede said:
If you already have an approved I-130, then why should you not be able to file for Adjustment of Status? Does that not give you a visa number?

I-130 approval establishes relationship between sponsor and applicant. Visa numbers are issued by the DOS. Everyone except immediate relatives have to wait for the PD to become current before a visa number is issued. When PD becomes current, I-485 can be filed.
 
See..thats what I thought. But I had heard other conflicting information. It's a matter of sorting through it to get to the correct nugget of information.
 
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