AOS : H1B Verses H4 Derivative/Dependant

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dixit.a.priya

Registered Users (C)
Per my discussion with the customer service Agents USCIS, It appears that The Families whose spouses and children are on H4 Visa got approved together. It seems that H1B derivatives have to wait for the Visa Numbers to become available. does it mean that H1B candidates should have stopped working in H1, and converted to H4 Visa, become dependant before to file for I-485 inorder to get Green Card Approved along with the primary applicant ?

Does it mention in any of the documents that Derivative/Dependant must be on H4 in order to get approved ? I hope not.

If these Service Centers have mended the rules internal to the department, then it should effect the people who filed on or after the rule is established. how come they change something internally and it effects the applicants that were already filed ?.

If we are informed that they are not issuing Visas for the H1B Derivatives, If eligible, we would have applied as a primary applicant instead of appliying as the derivative and waiting for couple of more years.

does it makes sense for us applying as a derivative at all ? Are we being punished for being on H1B Derivatives then ?

now speaking of H1 and H4 issues, It appears that United States does not encourage working people, they are encouraging H4 derivatives and their Kids. Why are Kids given priority to get Visa Numbers ? aren't you wasting your Visa numbers there ?
 
I do not think that the dependent has to be on H4 in order to get 485 approved along with H1 primary. Dependent could very well be on H1 and still get approved along with primary. BTW, do not believe in everything you hear from USCIS 800 number reps. They are not immigration officers. They have limited knowledge as compared to actual immigration officers.

Regarding visa number availability, as soon as primary becomes current, all dependents also become current regardless they are on H1 or H4. This assumes the dependent waiting for visa number has same country of birth as primary.

BTW, what is your timeline regarding AOS?
 
I called uscis 1-800... number as usual, after I spoke to the customer service agent, she escalated my call to her manager at USCIS. per my situation discussion with one of the manager at USCIS, the manager sent an email to NSC(Nebraska Service Center), asking them (NSC) to move the file for the Derivative Adjustment. The manager at USCIS aslo said, it is nothing to do with the Visa Numbers availability or the Priority Date to be current.



I spoke to the customer service agent, NSC says they can't do Derivative Adjustment unless the Visa Numbers become available or the PD becomes current. which is contrary to what USCIS said.



It appears that, USCIS and NSC are not on the same page. they both knew this ofcourse.

I am not sure who is in common to both USCIS and NSC, Inorder to solve my case.
 
Oh, so the primary was approved when Dept of state made all categories current, good. When was your 485 filed? Had you already completed your FP before July 2007?
 
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