485 approved for self, wife and kid's 485 filed one week prior to that.. need advise

Thanks for the response. Sorry I dint give complete info.

The father is on H1 and applied for 485.

The mother is on H1 and applied for 140/CP and spouse and child also on the CP application.

The child is on H4 based on father's H1.

Neither child or mother are on father's 485.

So if father's 485 gets approved tomorrow (excetional case!), does child become out-of-status? and/or what is advisable?

am trying to save some money for adding child and spouse to 485 application as IMHO the CP (NVC case created 8/04) will come before AOS approval (ND - 11/03 in TSC).

Any thoughts?
 
praytx said:
The child is on H4 based on father's H1. Neither child or mother are on father's 485. So if father's 485 gets approved tomorrow (excetional case!), does child become out-of-status? and/or what is advisable?

No. Maintenance of H-4 status is not predicated on your H-1.

The child has an H-4 because it is the dependent of an H-1B holder. The father's H-1B was used to demonstrate that relationship, but the mother's H-1B is just as good. Therefore, so long as either parent maintains valid H-1B status, then the child will remain in H-4 status.
 
Child's I-485 is not yet approved and both parents got approval

Hi,

I filed I-140 & I-485 concurrenlty for myself and also filed I-485s for my spouse and my 6-year old child at the same time at TSC. Reciept Dates for all 3 of us are Oct 10, 2003. My I-140 & I-485 and my spouse's I-485 was approved on Sep 30, 2004, status was updated online and also received approval notices through mail. And haven't seen approval for my child nor on online nor received through mail.

When inquired with Customer Service Center, they could not help in any way. They said that if you have applied I-485 for your child using separate application form then Child has to wait for his approval separately. They said that they cannot start enquiry.

I feel it is sheer overlook on part of USCIS staff while working on our applications.

Please can somebody throw some light on how to handle this situation. There is no way Customer service can start enquiry. Is there a way that I can write to service center on my own.

Any help will be appreciated greatly.
Thanks,
 
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