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  • Adjustment of Status help help!

    Hello folks,
    I started my Green Card processing like 1.5 yrs ago. I got my I-140 approved in Jan 2002. I thought I will wait for sometime before I start to apply for my I485. But this week I recd a mail from US Dept of State which reads something like this:

    "....You may be elgible to apply for Adjustment of Status with INS. ..... If you decide to apply for adjustment of status, it is important to remember that you may not be eligible to adjust if your petition was filed after Date X. ......

    Please inform us within 30 days....If we do not hear from you after that period, your case will be forwarded to the US consulate indicated below for processing. ....."

    1. What is this mail is all about?

    2. Should I really have to process my adjustment of status now (within 30 days of this mail)?

    3. Can I ignore and wait for sometime?


    Any replies would be greatly appreciated!

    Thanks in advance!!
    -skasinathan

  • #2
    Adjustment of Status help help!

    Not Legal Advice:

    It would seem that you have recieved the first initial contact from the department of state regarding Consular Processing.

    Take a look at you I797 approval notice. It it says forwarded pettition to Nationa Visa Center, Department of state or anything like that then the INS forwards it to the State Department for Action. The state department has now contacted you about the first phase of applying for an Immigrant Visa at a US Consulate abroad.

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    • #3
      Re: Adjustment of Status help help!

      Thanks kw177 for the reply!

      can I ignore that and wait for sometime before I start my next process. I would really like to wait for a while before I start this.

      TIA!

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      • #4
        Re: Adjustment of Status help help!

        Not legal Advice:

        I think you can wait up to a year but I would still do it now. Right now all the employmet based categories are current. If you wait there is a chance they could retrogress.

        Since you are eligible for a Visa Number in this fiscal year you would be well advised to take it as there is always the possibility that there may not be enough to go around next year. In which case you are stuck waiting.

        Also they can change the procedures (and the law) in a heartbeat so my advice to you is not to delay this under any circumstances (especially with the economy the way it is - if you lose your job it is all over and you will need to find a new employer and start the whole process all over again).

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