AOS with concurrent CSPA opt-out request from F1 back to F2b

[cadetlthsu]

Hey guys!

I am currently in the US with H1b visa. I have an approved I-130 with priority date in July 2009. My initial category was F2b because my mother petitioned I-130 on my behalf when she was still a permanent resident. When my mother got naturalized my category got bumped to F1.

Unfortunately, right now F1 category is about 1 year slower than F2b. My priority date with F2b is just a few months away.

I've tried to exercise the CSPA opt-out revision with the help of my attorney. So far we've made request to both NVC and USCIS and they BOTH told me they have no jurisdiction over the matter. It boggles my mind that even though it is the law explicitly stated in CSPA provision USCIS/NVC still refuse to take any actions.

Per my attorney's suggestion, we are going to try AOS when my F2b priority becomes current. We will file another opt-out request from F1 to F2b along with AOS. At this point of the game, I guess this is the last resort. I am willing to try anything that can speed up the process. Please help!

Any help is appreciated!

Thanks!

[Alchemist921NY]

Hey guys!

I am currently in the US with H1b visa. I have an approved I-130 with priority date in July 2009. My initial category was F2b because my mother petitioned I-130 on my behalf when she was still a permanent resident. When my mother got naturalized my category got bumped to F1.

Unfortunately, right now F1 category is about 1 year slower than F2b. My priority date with F2b is just a few months away.

I've tried to exercise the CSPA opt-out revision with the help of my attorney. So far we've made request to both NVC and USCIS and they BOTH told me they have no jurisdiction over the matter. It boggles my mind that even though it is the law explicitly stated in CSPA provision USCIS/NVC still refuse to take any actions.

Per my attorney's suggestion, we are going to try AOS when my F2b priority becomes current. We will file another opt-out request from F1 to F2b along with AOS. At this point of the game, I guess this is the last resort. I am willing to try anything that can speed up the process. Please help!

Any help is appreciated!

Thanks!

Hey! I'm actually in a similar boat. PD is December 2009. My lawyer sent in the AOS/245i paperwork last month with a cover letter saying that I wish to "opt-out" and remain in F2B with the corresponding clause in the CSPA memo. I got the receipt notice showing the AOS in the F2B category. Waiting for interview date now. Fingers crossed!!!!

[julie1]

Hey!
I have a very similar situation.
2008- I-130 was approved(under F2B. Through my mother)
2013- Category was changed from F2B to F1 (My mother become US Citizen)
2014 -sent letter to NVC saying that I would like to opt-out back to F2B due to faster processing of F2B category (section 6 CSPA).
March 2015 -received response from NVC that we need to apply for AOS with the request to opt-out back to F2B
May 2015 - sent AOS package. At this time I was on OPT STEM extension status. (F1-student category)
July 2015 - EAD approved
October 2015- H1B approved through my job
November 2015- interview scheduled for 12/21/2015

12/21/2015- Interview done. No decision yet. IO was very confuse with my status. She did not have the access to see my H1b case. So now the case is pending for additional review.

Good luck to everybody.

[utliluoi]

AOS f2B

I'm in the same situation. My PD is sep 2010. I have visa f1 student. My dad became a citizen recently. I don't know if my case got auto transfer from f2b to f1 or not. Hopefully not. I filled AOS on feb 2016
got EAD on April, got a job and still at school at well
Visa center sent a letter, I replied that I'm in US. No need of visa.
Still waiting for interview....
Base on visabuletin my action date is next year. But filling date is current. My lawyer says my case would be soon because I'm in the US so it does not go by action day. I checked uscis and kinda confuse now.
Should I keep my student status until interview??
I'm graduating this June .
If you have any experience, please help.!!!
Thanks in advance!

[Alchemist921NY]

I'm in the same situation. My PD is sep 2010. I have visa f1 student. My dad became a citizen recently. I don't know if my case got auto transfer from f2b to f1 or not. Hopefully not. I filled AOS on feb 2016
got EAD on April, got a job and still at school at well
Visa center sent a letter, I replied that I'm in US. No need of visa.
Still waiting for interview....
Base on visabuletin my action date is next year. But filling date is current. My lawyer says my case would be soon because I'm in the US so it does not go by action day. I checked uscis and kinda confuse now.
Should I keep my student status until interview??
I'm graduating this June .
If you have any experience, please help.!!!
Thanks in advance!

Your case automatically becomes F1 as soon as your father becomes a US citizen. When you filed your I-485, did you apply as an F2B applicant? If you did, and did not notify USCIS that you were opting-out (CSPA) to remain in the F2B category, then the interviewer will be very confused and can cause problems adjudicating your case! Also, even if you live in the US you will need a visa number. The student visa is not an immigrant visa, and you need an immigrant visa in order to obtain a greencard. On top of that, action dates apply to everyone regardless if they are going through consular processing or adjustment of status in the U.S. I'm not an attorney, this is just based on my knowledge. I suggest you get a better attorney or have him/her explain things better to you. Best of luck buddy!

[Alchemist921NY]

Hey!
I have a very similar situation.
2008- I-130 was approved(under F2B. Through my mother)
2013- Category was changed from F2B to F1 (My mother become US Citizen)
2014 -sent letter to NVC saying that I would like to opt-out back to F2B due to faster processing of F2B category (section 6 CSPA).
March 2015 -received response from NVC that we need to apply for AOS with the request to opt-out back to F2B
May 2015 - sent AOS package. At this time I was on OPT STEM extension status. (F1-student category)
July 2015 - EAD approved
October 2015- H1B approved through my job
November 2015- interview scheduled for 12/21/2015

12/21/2015- Interview done. No decision yet. IO was very confuse with my status. She did not have the access to see my H1b case. So now the case is pending for additional review.

Good luck to everybody.

Have you heard from USCIS about the AOS?