FOR SURE, YOU CANNOT APPLY FOR ADJUSTMENT OF STATUS WHICH MEANS YOU NEED TO GO BACK TO NEPAL FOR CONSULAR PROCESSING...BUT FIND WHAT IS THE REASON AND IF THAT CAN BE SOLVED WHILE IN US..... CHECK IF ANY OF THE FOLLOWING APPLIES TO YOU... You may be ineligible for adjustment to permanent resident status if: * You entered the U.S. while you were in transit to another country without obtaining a visa; * You entered the U.S. while you were a nonimmigrant crewman with a D visa; * You are employed in the United States without USCIS authorization, unless you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old) or you are an employee of an international organization meeting certain criteria; * You are a J-1 or J-2 exchange visitor subject to the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement; * You have an A (diplomatic status), E (treaty trader or investor), or G (representative to international organization) nonimmigrant status, unless you waive diplomatic rights, privileges and immunities are submit USCIS Form I-566 (for those in A or G nonimmigrant status); * You were admitted into the United States as a visitor under the Visa Waiver Program, unless you are an immediate relative of a U.S. citizen; * You are already a conditional permanent resident. * You were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for you. Or, you were admitted as the K-2 child of a fiancé and your parent did not marry the U.S. citizen who filed the petition for you. iF YOU THINK NONE OF THE ABOVE APPLY TO YOU, YOU MIGHT WANNA CALL USCIS OFFICE AND FIND OUT THE SPECIFIC REASON.....

ark · Sep 17, 2011 5:46 PM

Is this for EB2 or EB3?

mayagenesis · Sep 19, 2011 12:55 PM

 Its for EB2-NIW. If you have any suggestions or had similar situation before, please share to me. Thanks in advance

confocal · Sep 19, 2011 1:05 PM

 From your Situation what I believe is the person for whom you are filing petition is not eligible for immidiate consideration. (pardon me if you are US citizen and filing for your immidiate realtives only US citizen can apply petition and I-485 which is known as AOS at same time).  From the notice what it says is your petition is approved and the person is eligible for adjustment of status in the future because he or she is in the US. She/ He is not eligible for AOS right now bcause may be you are not US citizen. But she/he can maintain legal status until the visa number becomes available and apply for the AOS. If the person maintains the legal status till the visa numbers become available, she/ he can apply for AOS (Adjustment of Status-AOS) while in the US. you dont have to go for the consular processesing. When is the priority date? and Visa catagory?

bravo · Sep 22, 2011 1:49 AM

 Bravo I am applying the AOS for myself. Not for any immediate relatives. USCIS did not inform me about the PD. PD is not applicable to us because it is current for our country. My case is EB2-NIW(self petition). If any suggestions, please let me know. Thanks again.

confocal · Sep 22, 2011 1:23 PM