ADJUSTMENT OF STATUS- H1B TO GREENCARD (F2A) WHILE RESIDING IN US

[varunishnanda 1]

Hello All

I seek help regarding my GC application. Here is the history so far..

I am on H1B which does not expire until 2017.

I filed for Greencard via my Wife (F2A) and my Filing Date is Jan 2014.

The latest April 2015 visa bulliten shows August 1 2013 as the current date- Its moving ahead 45 days every month so I believe (fingers crossed) that my date will become current in about 3 months from now.

My Wife & I filed I-130 form, which was accepted by the USCIS and I got a letter from them that the case is now with NVC.

Now I just got a letter from NVC last week asking me to go to their website and pay some fees , collect and submit documents to them.

BUT the strange part is that it says that my interview will be held in the city of my Home Country (New Delhi, India).

BUT it also says that If the applicant is currently residing in US (which I am), I can get the adjustment done from USCIS, and need not submit documents/or pay to NVC.

I have already paid $120 as the agent fee (My Wife is my Agent), and now NVC is asking me to pay $325 for Immigration Visa Fee.

I am confused and need guidance on what to do.

VIN

[Hypnos 6,576]

If you wished to pursue adjustment of status you should not have paid any NVC fees whatsoever, since you're probably not going to get that money back.

Inform them that you are already in the US and are intending to file for adjustment of status; your file will then be returned to USCIS.

[varunishnanda 1]

I sent an email to NVC for the same.

I havent hired a lawyer till now, do you think i should get one now before the road gets bumpy? or do you think having NVC send the docs back to USCIS will solve the purpose?

[Hypnos 6,576]

You can certainly hire a lawyer, although it isn't going to change anything based on what you've said.

[Pitaya 2,576]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from work visa~

[sandyvictor 0]

Hi,

We are also in exact same situation as yours. I did send them an email and awaiting response.

Did your application move back to USCIS for adjustment of status.

Your response is appreciated.

Thanks,

Sandy

[sandyvictor 0]

I sent an email to NVC for the same.

I havent hired a lawyer till now, do you think i should get one now before the road gets bumpy? or do you think having NVC send the docs back to USCIS will solve the purpose?

Hi,

We are also exactly in the same situation as yours. NVC asked us to contact USCIS. I called USCIS , and they told me that we need to go to home country for interview.

Any updates from your end on this situation ? I am contacting lawyers now to check with them too in meantime.

[newacct 688]

I think this is just a form letter they automatically send to all petition approvals in categories that are not current. They don't know whether you'll do Consular Processing or Adjustment of Status, so in the letter they just assume that you'll do Consular Processing. If you are eligible for AOS and are doing AOS, I think all you need to do is to file I-485.

[sandyvictor 0]

I think this is just a form letter they automatically send to all petition approvals in categories that are not current. They don't know whether you'll do Consular Processing or Adjustment of Status, so in the letter they just assume that you'll do Consular Processing. If you are eligible for AOS and are doing AOS, I think all you need to do is to file I-485.

Thank you for the information.