Rejection Notice due to Priority date

[mojoemzo]

Hi guys,

I am a permanent resident who applied for my husband and the case was approved with a priority date February 9th, 2016. He is currently under an H1B visa.

In May the visa bulletin for an F2A (DATES FOR FILING FAMILY-SPONSORED
VISA APPLICATIONS) reached April 8th , 2016 so we sent our application in June.

We just got a rejection notice for the I-485 because based on the information we provided, a visa is not immediately available for the priority date.

Am I missing something? I thought we could file if the priority date was current under DATES FOR FILING FAMILY-SPONSORED
VISA APPLICATIONS and he is legally here in US? Is that not the case?

Thanks in advance for taking time to reply. Any suggestion is welcome.

[azblk]

Hi guys,

I am a permanent resident who applied for my husband and the case was approved with a priority date February 9th, 2016. He is currently under an H1B visa.

In May the visa bulletin for an F2A (DATES FOR FILING FAMILY-SPONSORED
VISA APPLICATIONS) reached April 8th , 2016 so we sent our application in June.

We just got a rejection notice for the I-485 because based on the information we provided, a visa is not immediately available for the priority date.

Am I missing something? I thought we could file if the priority date was current under DATES FOR FILING FAMILY-SPONSORED
VISA APPLICATIONS and he is legally here in US? Is that not the case?

Thanks in advance for taking time to reply. Any suggestion is welcome.

Priority date retrogression

https://www.uscis.govhttps://www.imm...-retrogression

[mojoemzo]

Priority date retrogression

https://www.uscis.govhttps://www.imm...-retrogression

Thank you for the reply but I'm guessing that's not my case since if there were a visa retrogression, the link says that case must be held in abeyance until a visa once again becomes available.mine was rejected. Plus, thee July visa bulletin has not regressed. Is still at April 2016. Am I right?

[mojoemzo]

In case this happens to smoke else:

I contacted a lawyer who explained to me what the little letters below the chart means.
USCIS publishes the "DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS" chart but that doesn't mean that you can actually use them.
You need to go to the link provided, which takes you to another page which tells you if this chart can be used otherwise you need to use the one for "Final Action"

Good luck to everyone and hope this helps someone else.
God Bless

[newacct]

Hi guys,

I am a permanent resident who applied for my husband and the case was approved with a priority date February 9th, 2016. He is currently under an H1B visa.

In May the visa bulletin for an F2A (DATES FOR FILING FAMILY-SPONSORED
VISA APPLICATIONS) reached April 8th , 2016 so we sent our application in June.

We just got a rejection notice for the I-485 because based on the information we provided, a visa is not immediately available for the priority date.

Am I missing something? I thought we could file if the priority date was current under DATES FOR FILING FAMILY-SPONSORED
VISA APPLICATIONS and he is legally here in US? Is that not the case?

Thanks in advance for taking time to reply. Any suggestion is welcome.

You are looking at the two Department of State charts which you shouldn't be looking at for AOS. It's USCIS that handles AOS, and it's their one chart that determines whether AOS can be filed in a given month or not. Every month, USCIS chooses one of the two Department of State charts to use as its chart. For the first few months of the fiscal year (fiscal years start in October), they will choose the Date for Filing chart, and for the last few months of the fiscal year, they will choose the Final Action Date chart. For this fiscal year, for family-based categories, they chose the Date for Filing chart from October 2016 to March 2017, and the Final Action Date chart from April 2017 onwards (and will continue to do so until September 2017). You don't have control over what chart they choose; you must use whatever chart they post that month.