Dependent I-485 approved without primary being approved

neel271

Registered Users (C)
--Country of chargeability is India.
--I am pursuing J1 waiver/NIW job
--EB2-NIW physician category I-140 approved
--Priority date is 07/27/09
--I-485 for myself and my wife pending at TSC (filed Jul 27, 2007)
--TSC current processing time for I-485 is Sep 14, 2007
--November 2009 visa bulletin EB-2 is Jan 22, 2005.
--I am into 4th year of NIW service
--Have submitted 2 yrs of job verification (RFE)
--My I-485 status "On May 19, 2009, we received response to RFE"
--Interestingly my wife's I-485 latest status is as below:

"Document production or Oath Ceremony

On September 10, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.

This step applies to applications that result in an applicant receiving a card (such as a green card) or other document (such as a naturalization certificate, refugee travel documents or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application."


Have not yet received the card yet! Experts, could you please comment as its a tricky situation--

1) Can CIS approve dependent I-485 without primary being approved?
2) Can CIS approve my wife's I-481 even if PD (visa number) is not available?
3) Can CIS approve I 485 when NIW service rqmnt of 5 yrs is not complete
3) Should my wife use infopass and get green card stamped on her passport ?
4) Or should we just keeping staying on our H-1/H-4, EADs and APs?
5) I have heard mixed "stories" about CBP agents' interpretation of approved dependent I-485 with primary not being approved!!
 
"Document production or Oath Ceremony

USCIS is still trying to iron out the bugs in the new website and many poeple have got this status change message even thought their PD is not current. I would not get too excited about it. Take infopass / talk to service center to clear this up.


Have not yet received the card yet! Experts, could you please comment as its a tricky situation--

1) Can CIS approve dependent I-485 without primary being approved

No.
2) Can CIS approve my wife's I-481 even if PD (visa number) is not available?

No.
3) Can CIS approve I 485 when NIW service rqmnt of 5 yrs is not complete

No
3) Should my wife use infopass and get green card stamped on her passport ?

Use infopass to get the clarification on the issue. I doubt they will stamp the passport with I-551


4) Or should we just keeping staying on our H-1/H-4, EADs and APs?

Yes


5) I have heard mixed "stories" about CBP agents' interpretation of approved dependent I-485 with primary not being approved!!

Don't worry.

Hope this helps.
 
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