Please help me with an I-797, Notice of Action, Approval Notice

[IH Helper]

Hello. The Petitioner received an I-797, Notice of Action.
Notice type: Approval Notice section: Unmarried son or daughter (21 or older) of USC, 203(a)(1) INA.

Priority Date: June 9, 2011.
Notice Date: May 19, 2014.

'This courtesy notice is to advice of action taken of this case. The official notice has been mailed to the authorized representative. Any relevant documentation included in the notice was also mailed as part of the official notice.

It says that 'The above petition 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 application.' I understand that my PD is June 9, 2011 and according to the latest Visa Bulletin update. My PD is has not arrived yet. The Beneficiary also falls under the 245i Grandfather clause as well. The Beneficiary also has an Immigration Attorney handling all of the process from the start. I am a little confused about the Beneficiary being approved but says unable to do Adjustment of Status. Can someone help me please?

[rayb]

What this means is that your petition is approved, but your visa class is not reachable. It is quota-based, and there are only so many slots available each year. If you tell me in what country you were born and have citizenship, I'll tell you about how long you must wait before being eligible to apply fro Adjsutment of Status.

Are you married? If so, is your husband a U.S. citizen or Green Card holder?

If the beneficiary has an attorney involved, why isn't the attorney answering these questions?

--Ray B

Hello. The Petitioner received an I-797, Notice of Action.
Notice type: Approval Notice section: Unmarried son or daughter (21 or older) of USC, 203(a)(1) INA.

Priority Date: June 9, 2011.
Notice Date: May 19, 2014.

'This courtesy notice is to advice of action taken of this case. The official notice has been mailed to the authorized representative. Any relevant documentation included in the notice was also mailed as part of the official notice.

It says that 'The above petition 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 application.' I understand that my PD is June 9, 2011 and according to the latest Visa Bulletin update. My PD is has not arrived yet. The Beneficiary also falls under the 245i Grandfather clause as well. The Beneficiary also has an Immigration Attorney handling all of the process from the start. I am a little confused about the Beneficiary being approved but says unable to do Adjustment of Status. Can someone help me please?

[IH Helper]

What this means is that your petition is approved, but your visa class is not reachable. It is quota-based, and there are only so many slots available each year. If you tell me in what country you were born and have citizenship, I'll tell you about how long you must wait before being eligible to apply fro Adjsutment of Status.

Are you married? If so, is your husband a U.S. citizen or Green Card holder?

If the beneficiary has an attorney involved, why isn't the attorney answering these questions?

--Ray B

The Beneficiary was born in Pakistan and has Citizenship there as well. I am well aware of the Visa Bulletin that is updated every month.



First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Any chance the above number will rise to make the PD move faster? I wonder what the extra numbers not required in fourth preference are. I also get confused about Retro regression. Please explain.

The beneficiary is not married. The Attorney is out of office currently.

The Petitioner has a I-130 petition pending from F4 category which is the USC Brother. I am pretty sure F1 PD date will arrive a few years earlier then F4.

[rayb]

The F1 is more current than F4.

Retrogression means that a reachable Priority Date is "moved back." This happened significantly about 4 years ago, with people ready to interview, who were suddenly retrogressed and waited 2-3 more years to be current again. Something similar happened last month, between May 2014 and June 2014 Visa Bulletins, which affected F2A class with a retrogression of about 16 months overnight.

--Ray B

The Beneficiary was born in Pakistan and has Citizenship there as well. I am well aware of the Visa Bulletin that is updated every month.



First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Any chance the above number will rise to make the PD move faster? I wonder what the extra numbers not required in fourth preference are. I also get confused about Retro regression. Please explain.

The beneficiary is not married. The Attorney is out of office currently.

The Petitioner has a I-130 petition pending from F4 category which is the USC Brother. I am pretty sure F1 PD date will arrive a few years earlier then F4.

[IH Helper]

The F1 is more current than F4.

Retrogression means that a reachable Priority Date is "moved back." This happened significantly about 4 years ago, with people ready to interview, who were suddenly retrogressed and waited 2-3 more years to be current again. Something similar happened last month, between May 2014 and June 2014 Visa Bulletins, which affected F2A class with a retrogression of about 16 months overnight.

--Ray B

Right.

What causes Retrogression? You mean this happened in 2010?

[rayb]

I think "retrogession" can be caused by any of several different reasons:

1. Shifting of available visa slots for "special" need immigrants (Cubans in 1960's, Vietnamese in 1970's).
2. Recalculation of slots that have been used and those still available...which is what USCIS claims to be the main reason for retrogression.

A half dozen petitions of quota-wait clients that I was involved with around 2010 were "retrogressed' without warning, and weren't able to proceed until 2013.

The shift between May and June Visa Bulletins for class F2A can probably be interpreted as "retrogression," as that class lost 16 months overnight.

--Ray B

Right.

What causes Retrogression? You mean this happened in 2010?

[IH Helper]

I think "retrogession" can be caused by any of several different reasons:

1. Shifting of available visa slots for "special" need immigrants (Cubans in 1960's, Vietnamese in 1970's).
2. Recalculation of slots that have been used and those still available...which is what USCIS claims to be the main reason for retrogression.

A half dozen petitions of quota-wait clients that I was involved with around 2010 were "retrogressed' without warning, and weren't able to proceed until 2013.

The shift between May and June Visa Bulletins for class F2A can probably be interpreted as "retrogression," as that class lost 16 months overnight.

--Ray B

What about F1?

When will my Beneficiary's PD will be current. What is the estimated time?

[rayb]

Reachable Priority Date for F1 now is 3/2007.

You said the beneficiary's Priority Date was 6/2011.

She has at least 4 more years to go.

You posted earlier that you were familiar with the Visa Bulletins. Go take a look at it.

--Ray B

What about F1?

When will my Beneficiary's PD will be current. What is the estimated time?

[IH Helper]

When the PD becomes Current. What 245i documents are required to file with AoS?

Reachable Priority Date for F1 now is 3/2007.

You said the beneficiary's Priority Date was 6/2011.

She has at least 4 more years to go.

You posted earlier that you were familiar with the Visa Bulletins. Go take a look at it.

--Ray B

[IH Helper]

Anyone?

[rayb]

When your Priority Date becomes current, you'll have to pay the sponsorship process fee ( now $88) and visa fee (now $230), then submit sponsorship documents (I-864) and certified civil documents.

I don't know what you are referring to about 245i documents. They aren't part of the next step with the State Department.

-Ray B

When the PD becomes Current. What 245i documents are required to file with AoS?

[jamesmanocheo]

I-797 Approval

I received a I-797 Petition for alien relative priority date of January 9 2014 and a notice date of June 3 2014, case type i130 petition for alien relative. Approval Notice section: Husband or wife of a u.s. Citizen, 201. (B). Ina
We were

[rayb]

You didn't finish your message. Your next step will be receipt of correspondence from the National Visa Center (NVC) billing you the $88 sponsorship processing fee and giving you access to the NVC page where you can pay the fee and designate an agent.

--Ray B

I received a I-797 Petition for alien relative priority date of January 9 2014 and a notice date of June 3 2014, case type i130 petition for alien relative. Approval Notice section: Husband or wife of a u.s. Citizen, 201. (B). Ina
We were

[IH Helper]

When your Priority Date becomes current, you'll have to pay the sponsorship process fee ( now $88) and visa fee (now $230), then submit sponsorship documents (I-864) and certified civil documents.

I don't know what you are referring to about 245i documents. They aren't part of the next step with the State Department.

-Ray B

I am talking about the labor certification that was filed for the beneficiary before the deadline. I-864 is part of it? How do you obtain a certified civil documents?

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I received a I-797 Petition for alien relative priority date of January 9 2014 and a notice date of June 3 2014, case type i130 petition for alien relative. Approval Notice section: Husband or wife of a u.s. Citizen, 201. (B). Ina
We were

????

[rayb]

"Certified civil documents" are those documents issued by government agencies with stamps or annotations indicating that they are "certified" or "true copies."

--Ray B

I am talking about the labor certification that was filed for the beneficiary before the deadline. I-864 is part of it? How do you obtain a certified civil documents?

- - - Updated - - -



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