mitupan116
Registered Users (C)
I filed i140/485 a pre approved LC concurrent filing petetion Last month and received a rejection notice today that reads as follows
“You have submitted the application with Supplement A and $1000 statutory fee for adjustment of status under section 245(i) of the Immigration Nationality Act (INA). An Amendment of INA however makes you ineligible for Consideration under section 245(i) because
You are applying under the Diversity Visa Program. You have not established that you are the beneficiary of a visa petition or labor certification filed on or before April 30, 2001 who is grandfathered and thus eligible to adjust status under section 245(i)
Your priority date of immigrant petition is after April 30, 2001 and section 245(i) is no longer available for applicants after that date
If you still feel that you are eligible under section 245(a) you may resubmit your application with out supplement A and with out a payment of $1000 penalty fee"
My lawyer says its a blunder on part of INS to consider my employment based petetion on section 245(i) and we can reappeal shortly with a cover letter stating the issue.
did any one encounter such rejection and what steps need to be taken before repetitioning?
Please help
“You have submitted the application with Supplement A and $1000 statutory fee for adjustment of status under section 245(i) of the Immigration Nationality Act (INA). An Amendment of INA however makes you ineligible for Consideration under section 245(i) because
You are applying under the Diversity Visa Program. You have not established that you are the beneficiary of a visa petition or labor certification filed on or before April 30, 2001 who is grandfathered and thus eligible to adjust status under section 245(i)
Your priority date of immigrant petition is after April 30, 2001 and section 245(i) is no longer available for applicants after that date
If you still feel that you are eligible under section 245(a) you may resubmit your application with out supplement A and with out a payment of $1000 penalty fee"
My lawyer says its a blunder on part of INS to consider my employment based petetion on section 245(i) and we can reappeal shortly with a cover letter stating the issue.
did any one encounter such rejection and what steps need to be taken before repetitioning?
Please help