i-485 got rejected saying that a visa is not immediately available for your priority date

[kvee 0]

Good Afternoon,

I am a permanent resident and I petitioned for my husband. He lives, here in US with me.

-      His priority date is - January 20, 2016.

-      Recently he filled I-485, I-765, and I-131.

-      USCIS rejected the Form I-485 with all documents.

The rejection notice says - "This is in reference to the 1-485, Application to Register Permanent Residence or Adjust Status, you submitted. Your 1-485, fees, and any supporting documentation is being returned to you for the following reason(s): Based on the information you provided, a visa is not immediately available for your priority date.....”

Also, It looks like uscis scanned all the documents as there is a line printed on all pages with numbers and letters. 

Please, can someone tell me what I should do?

1)    Do I have to send the same forms that has been rejected or Do I need to reprint and resign all the forms?

2)    Will this rejection cause any additional delays in my I-485, I-765, and I-131 application processing?

Thanks

- Kevee

[f f 725]

they are on october/September of 2015 right now so you applied too early.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-september-2017.html

 

what visa is he on currently? and when does his i94 expire?

 

it just means he has shown immigrant intent so it is doubtful he will be let in again with a non immigrant visa and you have to wait till his priority date is current to apply. redo the forms would be a good idea incase the forms expire.

[kvee 0]

thanks for replying - he is on h1b. his i94 expires in a year - september 2018.

[f f 725]

I believe as long as he applies to adjust status before his i94 runs out he is fine but he needs to make sure he gets his råd before the i94 runs out to keep working. currently having a job would qualify as a reason to expedite the ead though.

since the h1b is non immigrant but allows for immigrant intent he should be fine to travel still if needed.

[kvee 0]

Thanks FF, So how do we expedite the ead process. is there any special form that we need to submit along with i-765 ?

[NigeriaorBust 4,087]

 If you aren't eligible to AOS you are not able to get an EAD at this point. When your date is current then you could try to expedite it .  

[f f 725]

1 hour ago, kevee828 said:

Thanks FF, So how do we expedite the ead process. is there any special form that we need to submit along with i-765 ?

either when you submit the packet or after you have your noa1 just call them up say you are currently employed on an h1b and need it expedited to make sure you can keep working. they will then want proof of the job so a letter from hr and pay stubs Wil work then they will want proof of the h1b expiring so just send a copy of the i94.

[kvee 0]

Thank-you FF. That was really helpful. 

 

So i can just add in my cover letter while filling i765, that i need to expedite my ead process?

[f f 725]

I think you can do that but I would follow up with them after they receive his case to make sure they saw the expedite request.

[kvee 0]

Hi FF, i am wondering if this rejection notice will slow down my process? What i mean is if they handle my application differently than others just because i applied before my priority date was current?

[f f 725]

the rejection will have no effect.

[kvee 0]

Thank you so much FF.. you have been very helpful. 

 

 

[cyanmavi 101]

I believe you also have to file I-130, Petition for Alien Relative.

[geowrian 22,336]

9 minutes ago, cyanmavi said:

I believe you also have to file I-130, Petition for Alien Relative.

it was...on January 20, 2016 (that's the OP's PD).