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Hi, My father filed the application for me using I-130 and I got the email from NVC this morning said that they are about to start processing my case. They asked me to fulfill DS-260 and pay the fee first. I called them right away to ask if I can adjust my status here in the US since I am working here under a legal working visa. They said I should ask USCIS and the answer is probably yes. I made another phone call to USCIS and asked the same question. The answer I got from them, however, was NO. They said I am not eligible to adjust my status in the State if I am over 21 years old. With that said, I have to go back for all kinds of stuffs and the interview.

Which one is correct??? Can I adjust my status here after my PD is due? Or I have to go back for this????
-You of course can file I-485 within US when the priority date (PD) is current. The USCIS officer say "NO' probably because your priority date is not current yet (check the Visa Bulletin to see whether your I-130 PD is current). If you will continue to stay in US legally, you may just tell NVC you will file I-485 within US, not apply for the immigration visa in China, and ask NVC to stop processing your case there

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• follow up question on my case, rare case. -Allensung- ♂ (1321 bytes) () 12/09/2014 postreply 10:07:18

• Reply -863211- ♂ (2203 bytes) () 12/09/2014 postreply 11:25:45

• thanks for the help! -Allensung- ♂ (0 bytes) () 12/09/2014 postreply 15:40:34