monroe7625
New Member
I know there are other couples in the same situation - both husband and wife filed Employment Based I-485 as primary applicant and had spouse as derivative. My case is
Wife: EB-3, PD 9/03, July 07 concurrent 140/485, RD 10/07
Husband: EB-2, PD 6/07, July 07 concurrent 140/485, RD 8/07
(not that we are greedy.....husband's case is mostly backup since wife's GC had been in very bad luck from day 1, there is possibility of 140 issue due to an mistake on the LC approval notice from BEC, which doesn't exist any more.....her corporate attorny only says they will deal with it if USCIS bring the issue up blahblah.....but we don't have any confidense with them any more after all the sad experiences of the past 7 years)
Husband has one A# for both 485 cases (prim, deriv), wife too. (so in the system the duplicate filing must be obvious)
Both 140 cases are pending in NSC right now. Assume they will be processed in next several months, with husband's case probably being processed first since its ND is 2 months earlier.
We are planning to use wife's 485 as primary case if her 140 gets approval, assuming EB3 9/03 will be faster than EB2 6/07 (who knows).........
We might see below scenarios in the next 6 months:
1, Aug/Sep, husband's 140 is approved.
2, Aug/Sep, husband's 140 is approved, also, USCIS notice dup-filing, and issue RFE or whatever ask us to respond in 30 days to withdraw one set of 485 or they will automatically deny husband's 485 case
3, Oct/Nov, wife's 140 is approved
4, Oct/Nov, wife's 140 is approved, also, USCIS send RFE or whatever to ask to withdraw one set of 485
5, Oct/Nov, wife's 140 is denied, thus the 485 cases with her as primary are denied at the same time; but the 485s with Husband as primary are not impacted (hopefully!)
6, Oct/Nov, Wife's 140 is denied, 485s with her as primary are denied; even worse, 485s with husband as primary also denied (seems to be very possible)
The strategy can be
if (2) happens before wife's 140 approval/denial, to be safe is to send request to USCIS to withdraw wife's case.
if(3) happens, immediately send request to USCIS to withdraw the 485 cases with husband as primary, since wife's case is safe now.
if(4) happens, respond to withdraw husband's case. same as (3)
if(5) happens, do nothing
if(6) happens (worst case), hire lawyer to argue to re-open husband case.....what is the chance to get case re-open?
That is all I can think of, any suggestions? anything is appreciated!
Wife: EB-3, PD 9/03, July 07 concurrent 140/485, RD 10/07
Husband: EB-2, PD 6/07, July 07 concurrent 140/485, RD 8/07
(not that we are greedy.....husband's case is mostly backup since wife's GC had been in very bad luck from day 1, there is possibility of 140 issue due to an mistake on the LC approval notice from BEC, which doesn't exist any more.....her corporate attorny only says they will deal with it if USCIS bring the issue up blahblah.....but we don't have any confidense with them any more after all the sad experiences of the past 7 years)
Husband has one A# for both 485 cases (prim, deriv), wife too. (so in the system the duplicate filing must be obvious)
Both 140 cases are pending in NSC right now. Assume they will be processed in next several months, with husband's case probably being processed first since its ND is 2 months earlier.
We are planning to use wife's 485 as primary case if her 140 gets approval, assuming EB3 9/03 will be faster than EB2 6/07 (who knows).........
We might see below scenarios in the next 6 months:
1, Aug/Sep, husband's 140 is approved.
2, Aug/Sep, husband's 140 is approved, also, USCIS notice dup-filing, and issue RFE or whatever ask us to respond in 30 days to withdraw one set of 485 or they will automatically deny husband's 485 case
3, Oct/Nov, wife's 140 is approved
4, Oct/Nov, wife's 140 is approved, also, USCIS send RFE or whatever to ask to withdraw one set of 485
5, Oct/Nov, wife's 140 is denied, thus the 485 cases with her as primary are denied at the same time; but the 485s with Husband as primary are not impacted (hopefully!)
6, Oct/Nov, Wife's 140 is denied, 485s with her as primary are denied; even worse, 485s with husband as primary also denied (seems to be very possible)
The strategy can be
if (2) happens before wife's 140 approval/denial, to be safe is to send request to USCIS to withdraw wife's case.
if(3) happens, immediately send request to USCIS to withdraw the 485 cases with husband as primary, since wife's case is safe now.
if(4) happens, respond to withdraw husband's case. same as (3)
if(5) happens, do nothing
if(6) happens (worst case), hire lawyer to argue to re-open husband case.....what is the chance to get case re-open?
That is all I can think of, any suggestions? anything is appreciated!