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130 approved but USCIS says not eligible to adjust status
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layla
12/20/2013 3:16:12 PM
Total Posts: 21
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[quote=Preethi;7583]Hi All/f2acame/layla/Everest, Pelase help me. I am in the same situation. I am currently in USA (maintaining status) but got approved I-130 with not eligible to AOS. What should I include in the email to NVC and also documents to attach. should i write like" "Request to Transfer Immigrant Visa Processing from National Visa Center to USCIS. Applicant is currently in the United States & filed Adjustment of Status." Documents: I-485 reciept and I-130 approved receipt and I-94. Thanks your time and help. [/quote] Preethi, Your case is similar to ours. You will need a copy of evidence of your status. e.g F-1 visa, H1 approval notice or visa if you have one. Need to include all case numbers in the email, state that you are in valid status and are eligible to adjust your status in the US. Therefore you will like your case to be processed with NBC. If you have already started your AOS process already, include that information in the email. They should send you a letter in few weeks aknowledging your email. However, NVC will not transfer your file to USCIS until it is requested by your local office. Mine was requested on October 28th, and arrived at local office on November 29th. My I-130 file has been sitting in the local office for over 20days now with no one assigned to it according to infopass lady i saw. I am still waiting on my case to be assigned to an officer to look at it again even after interview done November 6th. Everyone's timeline may be different. F2camer, file got requested few days before the interview like mine, but was approved right away. Goodluck on your journey!
TFILLER
12/22/2013 3:47:58 AM
Total Posts: 2
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Hi Guys, I'm new to all this and I am also very confused as to what to do next. My wife is a GCH and has filed an I-130 for me. I have a valid F-1 Visa as of right now. I have received notice of approval for our I-130 but it says that I am not eligible for AOS just like others in this thread. I have not filed an I-485. Please help me. I need to know what I need to do next since I believe I am eligible for AOS because I am in legal status here in the US. THANKS IN ADVANCE.
Preethi
12/23/2013 8:56:52 PM
Total Posts: 9
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Thanks layla, I had sent an email and also mail with the required documents. My interview is scheduled in Jan 2014. I am planning to go to local USICIS with INFOPASS and ask them to request I-130. Do you think that will help? Hope fully they recieve the documents before interview.. Thanks Preethi.
Amazon
12/28/2013 11:31:25 PM
Total Posts: 591
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[quote=TFILLER;7598]Hi Guys, I'm new to all this and I am also very confused as to what to do next. My wife is a GCH and has filed an I-130 for me. I have a valid F-1 Visa as of right now. I have received notice of approval for our I-130 but it says that I am not eligible for AOS just like others in this thread. I have not filed an I-485. Please help me. I need to know what I need to do next since I believe I am eligible for AOS because I am in legal status here in the US. THANKS IN ADVANCE.[/quote] I would recommend contacting them and letting them know that you are currently in US and would like to do AOS instead of consular processing. Once they receive your transfer request, USCIS will request your file from NVC and start processing it. Hope this helps.
TFILLER
12/30/2013 10:10:42 PM
Total Posts: 2
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Amazon: Thank you for your reply to my query. But do you mean contact the NVC or USCIS? and by Contact do you mean send a letter or just call the NCSC?
Amazon
12/30/2013 10:36:09 PM
Total Posts: 591
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If they have sent your application to NVC, you would have to contact them to send it back to USCIS. If it is with USCIS, you can directly contact them and ask them not to send it to NVC. You can contact NVC or USCIS either by email, phone or letter.
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