Family Based like to Employer petition

[mlife]

Family Based linked to Employer petition
============================
I (US citizen) have filed I-130/1-485 for my wife based on family based petition. She had a I-140/485 filed from her employer as well which got denied and her employer did an appeal on it.

Last Nov. 2008, we went for interview and the officer told us that he needs that employer based appeal file and he is putting the case in pending till he recives it and also said that no action is needed from our side since this an inter-office info. request (between his and appeal).

Why did he do that? and aren't these seperate process.

Please advice what should I do and what are my options.. it has been 7-8 months after the interview.

 

[ilovethe80s]

Family Based linked to Employer petition
============================
I (US citizen) have filed I-130/1-485 for my wife based on family based petition. She had a I-140/485 filed from her employer as well which got denied and her employer did an appeal on it.

Last Nov. 2008, we went for interview and the officer told us that he needs that employer based appeal file and he is putting the case in pending till he recives it and also said that no action is needed from our side since this an inter-office info. request (between his and appeal).

Why did he do that? and aren't these seperate process.

Please advice what should I do and what are my options.. it has been 7-8 months after the interview.

My case was practically the same as your wife's. Interview was in Feb 2009, but got the green card after a month. You can read this http://forums.immigration.com/showthread.php?p=2022637#post2022637 - where I shared my experience in detail. Mine got a little scary because I was out of status before I got my GC.

Have you tried Infopass? Good luck to you both.

 

[Jackolantern]

Family Based linked to Employer petition
============================
I (US citizen) have filed I-130/1-485 for my wife based on family based petition. She had a I-140/485 filed from her employer as well which got denied and her employer did an appeal on it.

Last Nov. 2008, we went for interview and the officer told us that he needs that employer based appeal file and he is putting the case in pending till he recives it and also said that no action is needed from our side since this an inter-office info. request (between his and appeal).

Why did he do that? and aren't these seperate process.

I think he wants to see the reason for denial and to ensure she wasn't in removal proceedings. Was her employment-base case denied before or after you filed her I-485? Did she maintain H1B or L1 status when the employment-based I-485 case got denied? If the marriage-based I-485 was filed before the EB case got denied, or if she maintained H1B or L1 status throughout, the officer should have had enough sense to realize that she would not have been deportable as a result of the original denial.

Did the officer already know about the denied I-485 and appeal, or did one of you tell him?

Anyway, things are better for her if she can get the green card via the employment-based process, as that would result in an immediate 10-year green card instead of a 2-year conditional one. Is her EB priority date current or close to being current? If not, it may take years for the EB case to be approved, so it probably would be better to withdraw it and get it out of the way.

You'll need to make an Infopass appointment to find out what is going on with the pending marriage-based case. It shouldn't take them 7 months to get the file.

 

[ilovethe80s]

Family Based linked to Employer petition
============================
I (US citizen) have filed I-130/1-485 for my wife based on family based petition. She had a I-140/485 filed from her employer as well which got denied and her employer did an appeal on it.

Last Nov. 2008, we went for interview and the officer told us that he needs that employer based appeal file and he is putting the case in pending till he recives it and also said that no action is needed from our side since this an inter-office info. request (between his and appeal).

Why did he do that? and aren't these seperate process.

Please advice what should I do and what are my options.. it has been 7-8 months after the interview.

Did the officer give you a time frame at all? In my case, we were told to follow up in 3 months if we still had not heard from them.