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Offline f2acamer  
#1 Posted : Friday, August 30, 2013 7:59:16 PM(UTC)
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Hello guys, I just received my I-130 approval notice from Nebraska Service Center and the language on it is very confusing:
it states:

"The above petition (i-130) 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 applications. This determination is based on the information submitted with the petition and any relating files."

"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), NVC processes 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. This completes all USCIS action on this petition. If you have any questions about visa issuance, please contact NVC directly. Please allow 90 days before contacting the National Visa center regarding your petition. The NVC will communicate with the person for whom you are petitioning concerning further immigrant visa processing steps. "


This is very strange bc the beneficiary has a valid F1 status in the United States.
Anyone from NSC or elsewhere has received a similar message on their NOA2?

BTW: AOS status was filed on 08/01 prior to receiving this notice and the I-485 application was accepted. Beneficiary has already completed finger print, so receiving this notice today makes me more confuse.

My question is that if the beneficiary was not eligible to asjust, why did USCIS accpet the I-485 application and ask the beneficiary to go and do biometrics?

This does not seem to make any sense at all....
Offline Amazon  
#2 Posted : Monday, September 2, 2013 12:36:55 PM(UTC)
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Since they said that they have already sent file to NVC, I would recommend either calling USCIS to clarify or apply for infopass (where you meet with them face to face).

If they have sent the file to NVC, you can requst them to switch back to AOS. This will help: http://blog.mygcvisa.com...tly-asked-questions.html
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
thanks 1 user thanked Amazon for this useful post.
njin1 on 9/4/2013(UTC)
Offline layla  
#3 Posted : Saturday, September 7, 2013 4:24:08 PM(UTC)
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I got the same letter in the mail today from california service center.

"The above petition (i-130) 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 applications. This determination is based on the information submitted with the petition and any relating files."

"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), NVC processes 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. This completes all USCIS action on this petition. If you have any questions about visa issuance, please contact NVC directly. Please allow 90 days before contacting the National Visa center regarding your petition. The NVC will communicate with the person for whom you are petitioning concerning further immigrant visa processing steps. "


However, I am now on H1B status( I wrote this on the forms). I initially entered the US on F1. It says on the letter that i should contact my local USCIS office which is about 5hours away from where i live if i believe i am eligible to adjust status here in US. I already sent my I-485 forms on Aug 27th and am still waiting for receipt notice( which i as well thought that was strange cause its been over a week)
Offline f2acamer  
#4 Posted : Saturday, September 7, 2013 9:16:12 PM(UTC)
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Originally Posted by: layla Go to Quoted Post
I got the same letter in the mail today from california service center.

"The above petition (i-130) 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 applications. This determination is based on the information submitted with the petition and any relating files."

"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), NVC processes 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. This completes all USCIS action on this petition. If you have any questions about visa issuance, please contact NVC directly. Please allow 90 days before contacting the National Visa center regarding your petition. The NVC will communicate with the person for whom you are petitioning concerning further immigrant visa processing steps. "


However, I am now on H1B status( I wrote this on the forms). I initially entered the US on F1. It says on the letter that i should contact my local USCIS office which is about 5hours away from where i live if i believe i am eligible to adjust status here in US. I already sent my I-485 forms on Aug 27th and am still waiting for receipt notice( which i as well thought that was strange cause its been over a week)


You should be fine. This is a standard letter you get from USCIS when you do not include documents ( such as I-20, 94, passport with visas etc.) that prove the legal immigration status of the beneficiary with your 130 application. That is why it is stated on the letter that this is based on evidence provided with your application.

The few persons I have spoken with who had this type of language on their approval letter confirmed to me that they never submitted documents evidencing their status. THat was same for me as well....

If you submitted these documents with your application, then your situation maybe different. Question is did you submit these documents with your form 130 application?

My case maybe similar to yours in the sense that my 130 approval came when I had already submitted my form 485, however we differ in the fact that my 485 had already been accpeted before 130 approval. WHen I finally received my 130 approval notice with the language on it that I was not eligible for AOS in the US, I was concerned and I called USCIS and spoke with a level 2 officer who told me that the fact that my form 485 has been approved is a clear indication that I am eligible for AOS in the US. He said when they receive your form 485 the first thing they check for is your eligibility to adjust. If you are not eligible, the application will be denied instantly and returned to you with your check.

FYI: I am done with biometrics and my current status for 485 is now showing ready for testing and interview. I have not received no RFE so far which I presume everything is in order given the fact that quite a few F2A applicants have received RFE in the last couple of weeks.

Hope my 2 cents are helpful....
Offline layla  
#5 Posted : Sunday, September 8, 2013 12:22:18 PM(UTC)
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Ok great, Thank you. I am planning on calling them first thing tomorrow morning. Would my file be transferred from NVC to NBC after the call? How long does that take? I am still waiting for my i485 receipt for about a week now, am hoping nothing is wrong. GC tracker shows most people get a receipt within couple of days from mailing the documents.

Did you have to fill in a form to switch it back to AOS or that is authomatically done when you talk to someone at Uscis?

Edited by user Sunday, September 8, 2013 12:36:17 PM(UTC)  | Reason: Not specified

Offline f2acamer  
#6 Posted : Sunday, September 8, 2013 7:23:10 PM(UTC)
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once NVC receives the case file, they will process it and contact you to pay some fees since they will be assuming that you are going through CP.
Once they contact you, you will inform them that you are doing AOS and give them your 485 receipt number. At that point, they will hang onto the file until USCIS request for it. It may take 3- 4 weeks min for NVC to contact you, so hopefully by then you will have gotten your receipt number.
thanks 2 users thanked f2acamer for this useful post.
layla on 9/8/2013(UTC), Amazon on 9/9/2013(UTC)
Offline f2acamer  
#7 Posted : Friday, October 4, 2013 7:48:25 PM(UTC)
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Hi layla, do you know if NVC has received your I-130 yet?
Offline Everest  
#8 Posted : Saturday, October 5, 2013 2:30:34 AM(UTC)
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Originally Posted by: f2acamer Go to Quoted Post
once NVC receives the case file, they will process it and contact you to pay some fees since they will be assuming that you are going through CP.
Once they contact you, you will inform them that you are doing AOS and give them your 485 receipt number. At that point, they will hang onto the file until USCIS request for it. It may take 3- 4 weeks min for NVC to contact you, so hopefully by then you will have gotten your receipt number.



Guys,

FYI:

I am among one of those who have the similar issue related to AOS.
My benificiary is in US in a valid F1 status.We applied for AOS (F2a- lpr Spouse)and got the acceptance receipt. I got I-130 receipt 3 weeks after i-485 acceptance and it said that "I-130 has been approved and sent to NVC for further processing". I did however include all documents related to F1 along with I-130 form.

So I contacted NVC via email and stated my situation. After 2 weeks they replied back and asked me a copy of my I-130 and then they replied me again saying that they have sent my case back to USCIS. So I think it is a pre-requisite to notify NVC if you are willing to do AOS (in case your beneficiary resides in US in a valid non-immigrant status) or else they will start the process for consular Processing.



Offline Everest  
#9 Posted : Saturday, October 5, 2013 2:38:47 AM(UTC)
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Originally Posted by: f2acamer Go to Quoted Post
Hi layla, do you know if NVC has received your I-130 yet?



@f2acamer: Do you mind sharing progress on your case? Did you notify NVC/ Did NVC sent your application back to USCIS? What is your current status on the case?
Offline f2acamer  
#10 Posted : Saturday, October 5, 2013 7:28:38 AM(UTC)
f2acamer

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My senator's office had notify NVC that I will be doing AOS in case they receive my 130 file from USCIS. NVC mentioned that once they receive the file they will hang onto until USCIS request for it.

I called NVC last week and they said the have not yet received the file from USCIS.
I tried calling my senator's office week but they were closed as a result of the gov't shutdown. Yikes!

When exactly did you contact NVC and when did the respond that they have returned the file to USCIS? I am just trying to make sense of the timelines here....
Offline layla  
#11 Posted : Sunday, October 6, 2013 3:31:48 PM(UTC)
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Originally Posted by: f2acamer Go to Quoted Post
Hi layla, do you know if NVC has received your I-130 yet?


No, not yet. Am still waiting for a response. My case is now on testing and interview so I wonder what's going on? Where is your local Uscis office located?

Edited by user Sunday, October 6, 2013 3:38:26 PM(UTC)  | Reason: Not specified

Offline layla  
#12 Posted : Sunday, October 6, 2013 3:35:21 PM(UTC)
layla

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Originally Posted by: Everest Go to Quoted Post
Originally Posted by: f2acamer Go to Quoted Post
once NVC receives the case file, they will process it and contact you to pay some fees since they will be assuming that you are going through CP.
Once they contact you, you will inform them that you are doing AOS and give them your 485 receipt number. At that point, they will hang onto the file until USCIS request for it. It may take 3- 4 weeks min for NVC to contact you, so hopefully by then you will have gotten your receipt number.



Guys,

FYI:

I am among one of those who have the similar issue related to AOS.
My benificiary is in US in a valid F1 status.We applied for AOS (F2a- lpr Spouse)and got the acceptance receipt. I got I-130 receipt 3 weeks after i-485 acceptance and it said that "I-130 has been approved and sent to NVC for further processing". I did however include all documents related to F1 along with I-130 form.

So I contacted NVC via email and stated my situation. After 2 weeks they replied back and asked me a copy of my I-130 and then they replied me again saying that they have sent my case back to USCIS. So I think it is a pre-requisite to notify NVC if you are willing to do AOS (in case your beneficiary resides in US in a valid non-immigrant status) or else they will start the process for consular Processing.





Hi everest, could you please post the email address you sent it to... Just so we can check if the case is sent back to Uscis already or I need to send them more information. Thanks..
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