Immigration Petition- H1B1-Adjustment of Status 1-485

[Adeel]

What is the name of your state?NJ

Hello,
I have a pending immigration petition I-130 (Adult over 21) filed by my FATHER, under USICS. I got my H1 visa and travelling to USA by the end of this month.
1) Kindly let me know how and when should i hv to file 'Adjustment of status I-485' application, inaccordance with the new 'Direct Mail Program'?

2)Should i hv to wait first for my I-130 case to be approved from USCIS, then wait for visa number at NVC to be alloted..then to file I-485 OR i can file it simultaneously with pending I-130 petition at USCIS?

Thanks for some valuable advice!

 

[ImmigAttyLana]

YOu have to wait for the I-130 to be approved first. Then you have to wait for the visa priority date to become current before you can apply for I-485 if you are then already lawfully present in the US.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[Adeel]

Thanks Lana !
From where i can get the Processing time for I-485 application for Family based cases, on USICS official web site it is only mentioned for 'Employment based status'?

Thanks

 

[ImmigAttyLana]

You have to look for the particular USCIS office with jurisdiction over the place of residence (local office) since that is where the I-485 family-based cases are filed. But again, before you can submit the I-485, you need to have an approved I-130 AND the visa priority date has to be current.

Please let me know if you have any additional questions or if I may be of assistance to you in this matter.

 

[Adeel]

Attention Need Plz! Lana

HI,
Thanks a lot for your help, but situation here has changed dramatically. My H1 visa is approved but under 'Administrative Processing'. My I-130 petition is approved (i was not expectation)and it has priority date under cut-off date published in visa bulletin, so visa number is available to me likewise. I got the NVC case number as well.
Now i am waiting for security clearance at my home country. Already 4 weeks has been passed and hopefully to get it ard 6-7th week. My query is:

1)Is there any way to request NVC for deplaying processing untill i get into USA on my H1?
2)If so,Is it going to make -ive impact on my case in future?

A bundle of thanks for paying attention again!

 

[ImmigAttyLana]

No, I do not believe you can request that the NVC delay processing. If you should happen to enter the US on the H-1B before your I130 interview at the Consulate, you can then simply travel back there for the interview once it is scheduled.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.