Need Help regarding CP VS AOS issue.

S

Samtoctzn

New Member
Hello everyone,
I have an issues regarding my approved i130 going to CP though I applied for an AOS. And advice would be much appreciated.

Here is my case in a nutshell, I came to the US on a h1b which expired in OCTOBER 2021. My wife who is a citizen, filed for my i130 online, and I later filed my i485/765/131 for AOS/EAD and travel permit in MAY 2021 while my H1b was still valid, and received my receipt letters for all three applications. I later had my biometrics taken and received a notice from USCIS stating my case (i485) is “ready to be scheduled for an interview”. All this happened before my H1b expired. Currently my H1b has ended and I did not apply for an extension, so I do not have a status and am awaiting for my interview date and a decision from USCIS.

Recently the I130 was approved and I received a notice saying that my case was sent to The Department of State for Consular Processing, and later received emails from NVC asking me to fill out form DS260 for consular processing.
Questions:
1. Is my understanding that I can stay in the US while my case (i485) is being processed correct? Or am I violating any issues for legal stay?
2. I am confused as I have already filed for i485 (AOS) which is being processed so I am not sure why my case went to the department of state for consular processing. Is there a confusion from their (USCIS) end or did my loss of status trigger consular processing?
3. What options do I have now?
  • Do I just wait for my interview through AOS and the issue will be self resolved?
  • Notify NVC that I have applied for AOS and do not wish to continue with Consular Processing?
  • Leave the country to avoid unauthorized stay (assuming I am considered unauthorized)and go through Consular Processing instead of AOS?
 
1. yes
2. It's normal for the I-130 approval letter to say that. You don't need to do anything since you filed I-485.
3. You don't need to do anything. Just wait for the AOS process to finish.
 
Take another look at the I-130, did your wife indicate you’ll be processing CP? That may be why the case got sent to NVC. Anyway, it really shouldn’t matter at this point, you should continue with your AOS. USCIS will eventually recall the case from the National Visa Center (this may be after your interview though). Don’t leave the country before your AOS approval or you receive an approved AP card.
 
Sm1smom said:
Take another look at the I-130, did your wife indicate you’ll be processing CP? That may be why the case got sent to NVC. Anyway, it really shouldn’t matter at this point, you should continue with your AOS. USCIS will eventually recall the case from the National Visa Center (this may be after your interview though). Don’t leave the country before your AOS approval or you receive an approved AP card.
Click to expand...
Thank you for the advice. She definitely mentioned I was in the US and will be filing for AOS. Hope the issue will resolve itself once they set up an interview for my AOS. Appreciate the input.
 

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