Very IMP-140 approved but not eligible for 485

B

baggio123

Registered Users (C)
Hello,
I am here on H1B. I got my I-140 approval in May 2006. At that time, I didn't notice what was written in the content.

The content is as follows.

Notice Type : Approval notice

The above petition has been approved.
The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status application. This determination is based on the infomation ....

Also it says,

Because the person for whom you are petitioning is not eligible to adjust, we have sent the approved petition to the Department of State National Visa Center. NVC processses all approved immigrant visa which consular post is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that consulate.

Can some one guide me why do they specify that I cannot file I-485?
Please guide me.

Please Please.
 
baggio123 said:
Hello,
I am here on H1B. I got my I-140 approval in May 2006. At that time, I didn't notice what was written in the content.

The content is as follows.

Notice Type : Approval notice

The above petition has been approved.
The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status. The evidence indicates that he or she is not eligible to file an adjustment of status application. This determination is based on the infomation ....

Also it says,

Because the person for whom you are petitioning is not eligible to adjust, we have sent the approved petition to the Department of State National Visa Center. NVC processses all approved immigrant visa which consular post is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that consulate.

Can some one guide me why do they specify that I cannot file I-485?
Please guide me.

Please Please.
Click to expand...

Dont worry about that one, that is the standrad template. My I-140 also has the same message and my lawyer told it is a std message. Don't worry
 
I do appreciate for your reply. But, some of my friends I-140 approval notice have different different contents then what I have specified. Can you please throw some more light on the same.

Thanks
 
baggio123 said:
I do appreciate for your reply. But, some of my friends I-140 approval notice have different different contents then what I have specified. Can you please throw some more light on the same.

Thanks
Click to expand...

Not sure about the contents of the I-140 approval notice, but did you mention to your lawyer (during I-140 filing) that you want to opt for Consular Processing? That can be one reason about the text in the notice - just my thought.
 
My lawyer did specify AOS.
In Infopass, immigration officer told me, as long as you in status regardless of what ever you have specified in I-140, you can file AOS.
I also got reply from NVC that my case in not over there.
So, now I am cent percent confident that I can file AOS.

Thanks to all.
 
Hi Baggio123, You might have have to file I-824 application for action on an approved application or petition along with your I-485 to get it transferred from NVC (consular Processing) to USCIS (Adjustment of Status), any way i am not an attorney, double check with your attorney
 
Hello,
Is you have specified Counselor in 140 and want to switch to AOS, then you simply file AOS. If you file is with NVC then USCIS tells NVC to send back the file, as the beneficiery has files AOS.
In Infopass, the immigration officer told me the same.
Same, I got from my lawyer.

Thanks.
 
You must log in or register to reply here.
Top