Cross-chargeability works, but....

[camacho59]

My wife and I just got our I-485s approved. I am the primary applicant with an EB3 priority date of 3/04 (retrogressed country) but my wife was born in Spain. We concurrently filed my I-140 and our I-485s last August (2007) with the TX center and had our biometrics this past April. Our lawyers sent a letter to the USCIS earlier in the spring when my PD was current asking them to make sure cross-chargeability was being applied, but TSC returned the letter back to us. Then we had our lawyers get the AILA liasion involved to make sure TSC was using cross-chargeability, but got a canned response saying that the I-485 supervisor would respond in 60 days (this was back in the spring).

No LUDs since then and then suddenly two weeks ago, I recd approval emails for my I-140 and both our I-485s (on the same day!!). I-485 approval notices showed up in the mail this past Friday. However BOTH our approval notices note 'adjustment as direct beneficiary of immigrant petition' with a category of 'E37'. I had already done some research into approval categories (see https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502215#C) and was expecting my AOS to be approved under the 'E37' category (as primary I-140 beneficiary) and my wife's AOS approval under the 'E39' category (spouse of beneficiary of immigrant petition). Is this something (category of approval) that needs to get fixed? I sent an email to my lawyer this morning but haven't recd a reply yet.

I would greatly appreciate it, if EB3 folks can check their approval categories on their PR cards or AOS approval notices and let me know if I am full of s**t with respect to this E37/E39 business (this whole H1/ green card process has taken so long that I am now paranoid of anything and everything related to immigration).

Thanks for reading.

[Dallas03096]

Originally Posted by camacho59

I recd approval emails for my I-140 and both our I-485s (on the same day!!). I-485 approval notices showed up in the mail this past Friday. However BOTH our approval notices note 'adjustment as direct beneficiary of immigrant petition' with a category of 'E37'. I had already done some research into approval categories (see https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502215#C) and was expecting my AOS to be approved under the 'E37' category (as primary I-140 beneficiary) and my wife's AOS approval under the 'E39' category (spouse of beneficiary of immigrant petition). Is this something (category of approval) that needs to get fixed? I sent an email to my lawyer this morning but haven't recd a reply yet.

I would greatly appreciate it, if EB3 folks can check their approval categories on their PR cards or AOS approval notices and let me know if I am full of s**t with respect to this E37/E39 business (this whole H1/ green card process has taken so long that I am now paranoid of anything and everything related to immigration).

Thanks for reading.

In my AOS approval notice, category was E37 whereas for my wife the category was E30(which is for children). May be the guy who typed the approval notice does not know the difference or it could have been a typo error.
However my wife's PR card had the correct category E39.

[camacho59]

thanks dallas. did ur pr cards have the same category mixup or was it just the approval notices?

[Dallas03096]

Originally Posted by camacho59

thanks dallas. did ur pr cards have the same category mixup or was it just the approval notices?

PR card had the correct category. Please see my earlier message in which I have added the info.

[camacho59]

Thanks, Dallas. Anybody else, please?

Originally Posted by Dallas03096

PR card had the correct category. Please see my earlier message in which I have added the info.