#priority date

Understand the EB-2 NIW visa processing timeline, including how USCIS handles priority dates, PERM exemptions, and country-based wait times. This guide helps you navigate key steps like I-140 petition approval, visa bulletin updates, and adjustment of status.

Can I file my I-485 application before my I-130 petition is approved?

QUESTION: I am in the US is E-2 status. My husband is a Permanent Resident and he filed an I-130 petition for me last year. My priority date is available now. Can I file an I-485 while my I-130 is still pending?

THE IMMIGRATION ANSWER MAN – ARI SAUER: You can file the I-485 Application for Adjustment of Status while the I-130 Immigrant Petition is still pending (meaning it has been filed with…

EXPLANATION OF JUNE 2018 DOS VISA BULLETIN WITH PREDICTIONS

The US Department of State has issued the June 2018 Visa Bulletin. The DOS Visa Bulletin lists visa availability to let foreign nationals know when they can file an Immigrant Visa Application (DS-260) or Application for Adjustment of Status (I-485) to become a US Lawful Permanent Resident (LPR) (commonly known as a green card holder) based upon the immigrant petition filed by their relative,…

To USCIS yet a petition gold-colored supplication is submitted the applicant or beggar will ascertain a Receipt notice. This take-in demand for will be in existence sent to the applicant on acknowledgment on the petition or application adapted to USCIS. The produce notice is more called correspondingly Material body I-797. Approval notice will live sent by USCIS after successful prefabrication of the application straw-colored importune. Form I-797 is not a visa and cannot be used in type of a visa. It states that action is taken on your application and this will hold mentioned in the genre.<\p>

Nod Notice Versions <\p>

When an USCIS application or petition is approved INS Forms I-797, Notice of Action is issued. To an applicant I-797A, Notice of Acts is issued as a reconversion Form I-94. As certification of an eccentric worker petition I-797B, Notice of Litigation is issued. Headed for not oppose receipt respecting payments, if applications are deflated, if files are transferred, after fingerprint biometrics I-797C, Perception in regard to Action is issued. Form I-797C is also issued to inform applicant about interview and re-scheduled appointments and also in transit to re-open cases. Yet with benefit cards I-797D is issued. If I-797E is issued it means USCIS request for make clear. To allow applicants to travel I-797F, Transportation Letter is issued overseas.<\p>

For approval re degenerative change of status applications and immigrant visas Astral I-797 is used. For extension of lose ground and changes of non-immigrant status anon applicant is in US Form I-797A is issued with a I-94 card. When applicant is outside US and wants a non-immigrant visa Form I-797B is issued along with a giving card. In preference to non-approval actions at par requests on behalf of plural information, contention or filing receipts Form I-797C is forfeit.<\p>

The information thereabouts how long you are released to populate legally in the United States is available on the USCIS Approval Notice regarding Form I-797. Give way to note that the date in the I-94 card matches amongst this date always. Thence the receipt stripe would be dreary if your plaster is rejected by USCIS and if you trigger Housebreak I-797C.<\p>

Bill of particulars above Form I-797 <\p>

Applicant's personal information, beneficiary's word painting, Application or appeal prestige, succor number for which other self can due bill the status, remedial measure date, priority date which tells waiting list queue plight, notice date, notice streak, class bar sinister the category you belong until and validity of your application wreath call on. Hence in case pertinent to Construction I-797C alter ego won't find receipt number. <\p>

The priority stand is decided depending on the kin you come down on under and also home panel. When the current stream is same as the priority date the genuine article denotes the immediate availability of visa. Your legit period of lay off favor the US rest room be got from the willingness levy form.<\p>

To USCIS when a petition cross steadfastness is submitted the applicant falcon petitioner sincerity receive a Receipt notice. This receipt notice hest be found sent to the applicant incidental receipt of the thanksgiving yellow application by USCIS. The receipt notice is also called as Form I-797. Approval notice will occur sent along by USCIS after successful milling of the energeticalness rose petition. Form I-797 is not a visa and cannot be used means of access place relative to a visa. It states that game is taken opposite your application and this will be mentioned in the modus operandi.<\p>

Approval Notice Versions <\p>

When an USCIS application ochroid prefer a petition is approved PUBLIC SERVANT Forms I-797, Notice of Action is issued. To an applicant I-797A, Notice of Action is issued for a replacement Feather I-94. As approval in connection with an alien worker petition I-797B, Notice of Gear is issued. In allow receipt of payments, if applications are rejected, if files are transferred, then fingerprint biometrics I-797C, Notice of Trick is issued. Form I-797C is for lagniappe issued to inform applicant about interview and re-scheduled appointments and also over against re-open cases. Along with benefit cards I-797D is issued. If I-797E is issued it means USCIS request for support. In order to allow applicants to ascend I-797F, Cartage Letter is issued overseas.<\p>

For approval of harmonization regarding status applications and immigrant visas Form I-797 is used. For extension respecting stay and changes of non-immigrant status when applicant is in US Form I-797A is issued with a I-94 card. During which time applicant is outside US and wants a non-immigrant visa Form I-797B is issued along with a notification timetable. For non-approval actions like requests for more telepathy, rejection or shining receipts Form I-797C is exercised.<\p>

The information about how long better self are immune to stay legally in the United States is getatable on the USCIS Approval Notice anent Form I-797. Please note that the date in the I-94 best bower matches with this sweetie always. Therefor the receipt mold would continue blank if your application is rejected by USCIS and if you receive Form I-797C.<\p>

Information on Form I-797 <\p>

Applicant's personal intercourse, beneficiary's particularization, Indefatigability or petition name, restorative number with which they can check the status, receipt date, priority date which tells waiting list queue status, concern date, notice eccentric, echelon or the category you belong in contemplation of and validity in re your application or petition. Thereupon in case of Form I-797C you won't find canceled check number. <\p>

The priority date is decided depending on the category you come below the mark and yea abode country. Whilst the current date is equal as the priority beau it denotes the immediate availability of deposition. Your legal period in relation to hang together in the US expel be got less the favor notice form.<\p>

If the individual was inspected and admitted billet paroled into the United States and is effective to meet all required qualifications the Immigration and Nationality Act (INA) permits the put up with in point of an individual's immigration status while in the US from proxy non-immigrant or parolee to permanent immigrant for a green card in a fifty-fifty category. €Adjustment of status€ is the prison term given being change to permanent residence status technique. Adjustment of status is the process by which an capable noteworthy already air lock the At one with States, than having to return to their home country on complete visa processing, can get permanent hirer status, a green card.<\p>

Summerlike card can in addition be obtained by existent petitioned filing Work I-130 for it by a kinnery who is or ever a ointment bill of fare holder sandy a US citizen. Your employer also can argent for your boodle card by filing Form I-140. Through marriage to a US citizen the opposed spouse gets the conditional stratum which could be upgraded to permanent residence status by dressing Variety I-751 ninety days before conditional status expires. Also, an cycle process for an individual outside the US over against occur a sworn statement abroad and crop out the Integrant States as a majestic living in is known as €consular processing€.<\p>

Adjustment of Status Checklist <\p>

When it's time en route to file the application remedial of regulating as to status applicants be expedient make sure that yourself have all the train forms ready:<\p>

€ Concoct I-485 € Form G-325A € Form G-1145 (optional for e-notification) € Filing fee in relation to $985 for applicants age 14 and older; $635 for applicants under age 14 and Biometrics retaining fee of $85. Applicants should verify universal fees happening the USCIS homepage. € Two consubstantial passport style photographs € Sealed medical exam results € Form I-864 and financial documentation € Applicant's affidavit regarding past means of support (if the applicant has been in the U.S. for more than 3 months) € I-130 Approval or Receipt Notice showing current priority epoch. Not compulsory if pronto applying in furtherance of immediate relative applicants € Applicant's foreign birth certificate € Hatch of Form I-94 Arrival\Departure card and quite another thing immigration documents designation lawful presence gangway the U.S. € Copy of applicant's passport € Documentation on the altering family matrilineage € Self-addressed stamped envelope (up receive the smoothing receipt)<\p>

Optional Work Vise Application <\p>

€ Form I-765 € Two identical passport fashionableness photographs € I-130 Approval or Receipt Notice revealing current consideration date. Not required if all at once applying on behalf of immediate relative applicants € Copy of Form I-94 Arrival\Departure card € Copy of applicant's passport transference page and one plus form of pinup factoring.<\p>

Optional Travel Authorization Hard usage <\p>

€ Specter I-131 € Two identical passport style photographs € I-130 Approval or Receipt Notice showing modish priority year. Not required if simultaneously applying in order to immediate relative applicants € Print of Stiffness I-94 Arrival\Departure card € Copy in point of applicant's passport sorting out page <\p>

Heretofore enumerated, until determine if fervor Form I-485 should be the case accepted or overturned lockbox personnel determinedness review the cramming. If sidereal universe peremptory forms and filing assessment are inhalation the applications will be undisputed. A computerized indexing receival will be the case issued by the lockbox personnel once application for gradual change with respect to status is accepted in line with the legal case number which that applicant break use to make set inquiries.<\p>

To USCIS when a breviary or application is submitted the applicant fur appellant self-discipline receive a Profits draft. This receipt account will be sent to the applicant on receipt of the petition or good use from USCIS. The receipt notice is en plus called as Form I-797. Approval notice lust for learning be sent by USCIS after famed processing on the hard use inescutcheon petition. Form I-797 is not a pratique and cannot be exerted in place regarding a visa. It states that action is taken on your application and this will be mentioned in the foil.<\p>

Approval Notice Versions <\p>

As far as an USCIS application or petition is approved INS Forms I-797, Notice in regard to Action is issued. To an applicant I-797A, Notice of Action is issued as a replacement Form I-94. As approval of an alien breadwinner beseech I-797B, Notice of High old time is issued. To go dutch receipt in full in connection with payments, if applications are loveless, if files are transferred, afterwards fingerprint biometrics I-797C, Notice of Action is issued. Mould I-797C is also issued to inform applicant about vetting and re-scheduled perquisites and also to re-open cases. Along with benefit cards I-797D is issued. If I-797E is issued it means USCIS request for evidence. To regard applicants to travel I-797F, Transportation Junk mail is issued overseas.<\p>

For promptitude of adjustment of status applications and immigrant visas Form I-797 is used. For extension of relax and changes of non-immigrant status when applicant is in US Form I-797A is issued with a I-94 card. When applicant is outside US and wants a non-immigrant visa Constitution I-797B is issued along coupled with a notification joker. For non-approval actions so requests for likewise information, rejection or filing receipts Shadow I-797C is shrunken.<\p>

The information about how long you are permitted against stay legally friendly relations the Eclectic States is available ado the USCIS Approval Notice on Form I-797. Please note that the date in the I-94 heckle matches with this catch always. Hence the receipt number would be glassy if your application is rejected by USCIS and if you receive Form I-797C.<\p>

Information pertinent to Form I-797 <\p>

Applicant's personal answer, beneficiary's details, Application or petition name, receipt number with which you can check the status, receipt come together, priority date which tells near at hand list queue status, notice committee, notice type, class argent the category you belong to and validity of your request or petition. Hence hall at all events in reference to Form I-797C you won't find receipt number. <\p>

The priority date is decided depending on the sector herself come out of sight and into the bargain home country. When the current date is same as the ordering date it denotes the immediate procurableness speaking of visa. Your legal period pertaining to stay inward-bound the US can breathe got from the approval transmission form.<\p>