I130 and Immigration Visa Number

G

gcwaitforever

Registered Users (C)
Hi Guys,
I need some information from you guys . My wife(she is a permanent resident) applied my I130 in May 2000 . Now the date on the F2A category is Mar ' 00 . My I130 is still pending in Vermont service center .
The problem is my H1 is expiring at the end of this year .

Q1) Will I get the immigration visa number if the cutoff date(Right now Mar'00) goes past my application date(May'00) ?
Q2)Would it be possible for me to stay in the US on the basis of the immigration visa number ?

Note: I also applied for my v-visa(in Jun '03) for which I became eligible last year but the NSC has asked me for my fingerprints THREE times .I still haven't got approval for my v-visa .

Any information will be appreciated . Thanks .
 
please see the following article

USCIS on Matching I-130s and I-485s
Posted May 28, 2004

William Yates, Associate Director of Operations at the USCIS, issued a memorandum ("Yates Match Memo"), on April 22, 2004, instructing local USCIS offices on when to request a pending I-130 relative petition from a Service Center. 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.

The Yates Match Memo advises local USCIS offices and the National Benefits Center to request the pending I-130 petition from the Service Center whenever the local District Office receives any I-485 based on that I-130 petition filing. The Service Centers must locate and send the petition to the requesting local District Office via FedEx within 15 days of receiving any such request. The Service Center is not required to adjudicate the case within the 15 days, so most I-130s will likely remain unadjudicated when they arrive at the local offices. A final decision on both forms would then be reached in most cases on the date of the interview at the local USCIS District Office.

In addition, certain benefits that are ancillary to the I-485 application, like those granting employment authorization and advance parole, filed on Forms I-765 and I-131, respectively, may be filed at the local USCIS office or the National Benefits Center. These forms must either accompany the I-485 application filing with attached proof that the I-130 was previously filed, or be filed separately with proof that both the I-485 and I-130 filings are pending.

This USCIS policy should improve processing times for many I-130s, as generally the local offices are able to process I-130 and I-485 cases more quickly than many of the Service Centers. This is a positive development and the Yates Match Memo shows the USCIS commitment and determination to meet the goal of faster processing times on its cases.
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Do you still think I have to wait until my I130 is approved ??
 
ok, here it is. After I-130 is approved, you will be able to file I-485 and on the basis of I-485 (adjustment of status) you will be able to stay in the country legally while it's being adjudicated.

if i-130 is approved, you are in the States, and you do not apply for adjustment of status -- (and you do not maintain your non-immigrant status) -- you become out of status as soon as your non-immigrant status expires.

The memo you cited is for people who are married to USC, for whom visa number is available without a quota, that is - immediately, and who are eligible for concurrent filing of I-130 and I-485, but for some reason didn't submit them concurrently. That's my situation. My I-130 is pending at TSC, my I-485 is pending at Atlanta, they will transfer my I-130 from TSC to Atlanta soon for both forms to be adjudicated at the same time.
 
Lucy,
Thanks for the info . I appreciate your quick replies . I guess I will have to wait for my I130 to be approved (I don't know how long Vermont Service center is going to take to process it ) or have my v-visa petition approved .

Again, thanks for the crucial info without which I would have been under the impression that everything was on track for me .
 
gcwaitforever, Lucy,

please see the link from uscis website:

http://uscis.gov/graphics/publicaffairs/newsrels/I_130_07_01_04.pdf

I'm a USC and have applied I130 for my sister; her case is already approved and she's received a letter saying a visa number is not yet available. She's currently here on vacation. Since she really wants to be in the US, I thought we could do something after I read your post. But, after reading the release from USCIS, I'd think my sister can't stay here for more than 6 months or adjust her status until a visa number is available.
 
I read that. I just saw the Vermont Service Center processing dates and it looks like they are starting to process the I130's . For the last three years they were stuck on Jan,1999 and now the date is Apr , 1999 .

I am in the same boat as your sister . My H1 expires on 1 Jan, 05 . If I don't get something by then I am scr..d .

I am hoping that either my v-visa gets approved or my I130 gets approved(and I get an immigration visa number) by then . keeping my fingers crossed .
Thanks .
 
I thought you can't apply until VISA number is current. I don't understand what's new in above public notice.
 
The only other clause is ( as Lucy explained to us ) that the spouses of permanent residents have to wait until they get their visa number AND their I130 is approved to apply for change of status .

If either one of the conditions is not satisfied we cannot apply for a change of status .
 
yes, usually I-130 got approved a lot quicker, and then people waited for their visa numbers. The new rules dictate that I-130 (not in the memo above) now will only be processed when visa numbers are current for a particular category.

But in any case, unless you are an immediate relative, you have to wait for your quota. :(
 
I have a question please. I am a Spouse of Permanent resident and I live in US. I'm on F1. Filed I130 in March, 2004 in California. We recieved a letter saying our case is transfer to INS office for Interview.
Does anyone knows how long the interview scheduling takes?
Thanks
 
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