Muammar El Khatib
May 24, 2022
Approved I-140 but not eligible to adjustment of status?
My I-797 for my I-140 NIW approval contains a paragraph that reads as follows: “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 an adjustment of status. The information submitted with the petition shows that the person for whom you are petitioning is not eligible to file an adjustment of status application at this time.” Has any of you faced this issue?

EB2-NIW

Advanced degrees or exceptional ability requesting a National Interest Waiver

Total Days: 276 days
Case
2022-02-22
2022-11-25
I-485
276 Days
National Benefits Center: I-485
Timeline Map
2021-11-29
I-485
D-85
Priority Date
2022-02-22
I-485
Submission to USCIS
2022-04-05
I-485
D+42
Biometrics, i.e. fingerprint and photo
2022-06-13
I-485
D+111
Request for Evidence(RFE) from USCIS
2022-07-11
I-485
D+139
Response to RFE
2022-11-25
I-485
D+276
Decision (Approval or Denial)
This timeline was created with the Lawfully App. Download the Lawfully App now.
22
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S
S BMay 24, 2022
are you in the US? if not, that is why
Muammar El KhatibMay 24, 2022
I’m in the US under an O1A status.
S
S BMay 24, 2022
maybe it’s because you aren’t current. you need to check the priority date on the monthly bulletin to see if you are current or not
S
S BMay 24, 2022
most are current apart from China and India
J kMay 25, 2022
S B, congratulations on your GC approval
J kMay 25, 2022
@ Myanmar, I think you will need to seek for a lawyer advice.
Muammar El KhatibMay 25, 2022
I am from Venezuela. My country is current. I was subject to the two-year rule but got a waiver. I am waiting for my lawyer’s response. thanks for all people you have replied. I will keep you all posted.
Ana SampaioMay 25, 2022
that’s weird. I got the EB2 NIW approved but without this paragraph. I am waiting for the I-485 approval. Good luck and keep us posted. I hope they resolve this soon 🙌🍀
Muammar El KhatibMay 25, 2022
Hi Ana. my lawyers replied that the content of the approval notice should not be an issue of concern. They have had clients with the exact phrase as mine, and they could adjust their status without problems. They told me they could inquire USCIS if I would want to know why they think I cannot adjust status. but I don’t know if that would make sense. anyways, I already filed I-485 and am waiting for the medical RFE and interview as they took my biometrics already. I’ll keep this thread updated as it progresses. good luck for you too :)
Ana SampaioMay 25, 2022
Thank you, Muammar! It is stressful, as soon we will be celebrating 🙌
lolo AMay 27, 2022
Muammar El Khatib, I am getting ready to file a NIW EB2 did you get a lawyer from this app? How?
Muammar El KhatibMay 27, 2022
I worked with https://www.wegreened.com/ I recommend them a lot.
lolo AMay 27, 2022
Thanks Muammar. How much did they charge for I-140 petition?
Muammar El KhatibMay 27, 2022
5k
lolo AMay 27, 2022
Thanks for your reply. Does that include the USCIS filing fee and 1-485 adjustment of status?
Muammar El KhatibMay 28, 2022
nope. I don’t think any lawyer would do the work for less than 5K. you have to pay for the fees on top of that.
lolo AMay 28, 2022
@Muammar thanks for your reply. I appreciate all the information you keep updated us with. Congratulations in advance on your GC approval
Muammar El KhatibMay 28, 2022
No worries. best of luck with your application! :)
lolo AMay 28, 2022
thanks!
By fireOct 4, 2022
@Muammar any updates on your case? I currently received similar notice and I am wondering what this implies.
Muammar El KhatibOct 4, 2022
no news. i am waiting for my case to be adjudicated. things seem to be going “normal.”
By fireOct 4, 2022
@Muammar thanks for your fast response. Hopefully, with the new fiscal year, they would start adjudicating cases again at much faster pace

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