fb-1 priority date clarificatoin

[bryan26]

hi folks

my parents had filed i-130 for me back in 2002 when they got their gc. meanwhile, i been on h-1b. now they have become citizens in march 2009, and have filed for i-130,i-485 for me on april.15th (requested USCIS to use the other priority date).

did biometrics in may, got my advance parole and ead few days ago

have the interview in august third week, however, the priority date in the notice of action, tells that priority date is april.15th (when my last i-130 was filed). shouldn't it show the priority date of 2002? what is this interview called? am i likely to get g.c soon?

thank you

 

[kittenKat]

Why did your parent file I-130 AGAIN for you? If you have the original one you should of just attach the copy of approval. You have to take the old approval with you to show that your PD is current.

 

[Triple Citizen]

Was the original I-130 ever approved? If so, why was a second I-130 filed???

now they have become citizens in march 2009, and have filed for i-130,i-485 for me on april.15th (requested USCIS to use the other priority date).

 

[bryan26]

thanks for your time

yes, the original i-130 was approved. however, per advice from an attorney, my parents filed a new i-130 for me. the attorney was saying, this would avoid any denial of change of status. well, i should have asked this question two months ago.

the fact that I got finger printing done, ead obtained in two months since my parents filed new i-130, I felt that USCIS took my firt PD.

are you guys saying, just having done with biometrics and ead, doesn't necessarily mean that one is going to get family based GC soon?

 

[kittenKat]

yes, the original i-130 was approved. however, per advice from an attorney, my parents filed a new i-130 for me. the attorney was saying, this would avoid any denial of change of status.

are you guys saying, just having done with biometrics and ead, doesn't necessarily mean that one is going to get family based GC soon?

I'm just like WOW about the advise! I'm FB1 myself, BTW!

It takes somewhat around 4-6 months to be called to the interview (just wondering, what is your local DO?). However that 2nd I-130 may cause lots of confusion in CIS. You should of just attach the 1st petition approval together with the prove that your parents became USC (like passport). Frankly, I'd really recommend to get a different lawyer... May be sending them that old approval as part of documentation would make sense.

 

[bryan26]

My local DO is Mount Laurel, NJ

I think my sequence of events over the years, would answer the question, why the attorney advised to file a seperate I-130

Per the latest visa bulletin in July, the PD for FB2b is 15 apr.01
and the PD for FB1 is 15 nov.02

since my latest NOA says my PD is april.2009, how come my application is being processed when its not current per the above two categories.

am i lucky OR my life is being complex? hmmm

 

[Triple Citizen]

Attorney's advice was incorrect. When your folks became citizens, the original I-130 went from F2B to F1. Thus it became current. All that was needed was a copy of the approval notice to go with the I-485. Having said that, it is likely that at your AOS interview, the adjudicator will also realise that your lawyer conned you for additional fees and simply use common sense and approve your I-485 based on the original approved I-130. I am assuming you are still single!!!

why the attorney advised to file a seperate I-130

Per the latest visa bulletin in July, the PD for FB2b is 15 apr.01
and the PD for FB1 is 15 nov.02

 

[kittenKat]

Attorney's advice was incorrect. When your folks became citizens, the original I-130 went from F2B to F1. Thus it became current. All that was needed was a copy of the approval notice to go with the I-485. Having said that, it is likely that at your AOS interview, the adjudicator will also realise that your lawyer conned you for additional fees and simply use common sense and approve your I-485 based on the original approved I-130. I am assuming you are still single!!!

Ditto!

If you plan to take a lawyer to the interview seriously take another one. My situation is EXACTLY the same: dad filed in 2002 as FB2, then became USC. I filed 485 and attached original approval and USC certificate.