I am from a non-retrogressed country. My I140 was approved in March this year. EB2. Received the approval email days before my 6th year H1 expired. Priority date was current for EB2. Lawyer filed for H1B extension and I485 immediately.
Few days ago I received the H1B approval for three years.
After reading many articles saying that a three year extension would be granted only if one cannot file for AOS due to visa number unavailability, today I checked my I140 approval notice (Lawyer had sent me a copy) and noticed this phrase being written there "The information submitted with the petition shows that the person for whom you are petitioning is not eligible to file an adjustment of status application at this time".
Now I realize why I have been granted a three year extension.
In the I140, I can see the approval is for EB2 case as it has "Mem of Profession w/Adv Deg or of Exceptn'l Ability Sec 203 (b) (2)" there. That is what I applied for. As I fall under 'other' countries category, I do no understand then why it also says that I am not eligible to file for AOS.
What is going to happen now ? As you can understand, I am in a confused state. I have my 485 case pending. I went for finger print after few weeks of filing. So I think they have accepted my application. They would have rejected it at the beginning if they thought my priority was not current, right ?
I am going to talk to the lawyer tomorrow. I want to see if anyone has any similar experience or can provide some useful comment.
Thank you all.
Few days ago I received the H1B approval for three years.
After reading many articles saying that a three year extension would be granted only if one cannot file for AOS due to visa number unavailability, today I checked my I140 approval notice (Lawyer had sent me a copy) and noticed this phrase being written there "The information submitted with the petition shows that the person for whom you are petitioning is not eligible to file an adjustment of status application at this time".
Now I realize why I have been granted a three year extension.
In the I140, I can see the approval is for EB2 case as it has "Mem of Profession w/Adv Deg or of Exceptn'l Ability Sec 203 (b) (2)" there. That is what I applied for. As I fall under 'other' countries category, I do no understand then why it also says that I am not eligible to file for AOS.
What is going to happen now ? As you can understand, I am in a confused state. I have my 485 case pending. I went for finger print after few weeks of filing. So I think they have accepted my application. They would have rejected it at the beginning if they thought my priority was not current, right ?
I am going to talk to the lawyer tomorrow. I want to see if anyone has any similar experience or can provide some useful comment.
Thank you all.
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