From on Old Timer

[PaulK]

Hello guys,

I had my I-485 aproved back in February.My RD was Dec 5 2002 EB3(I still haven't received the plasric card).My wife didn't get her aproval with mine.
After 2 inquires,I contacted senator Derbin's office and I sent a letter to the Director of NSC. A few weeks ago I received an answer from both saying that the case was with an officer.We (my wife and I) went to MExico last month.At the point of entry the IO told my wife that her case was on hold for 2 years(probably was picked up for adjudicating before mine) and was released in May(right after I aproached the senator's office).The officer also said that sometimes INS put cases on hold and completely forgets about it.

Anyway.Here is my question.
Since I(the primary) got my I485 aproved,should my wife be counted towards the EB3 cap.
She still doesn't have her I485 aproved and her RD is Dec 5 2002

Thanks for your input

 

[Jaggy]

technically speaking she will be counted as each I485 is treated as a separate application and to approve your wife's case they will need a visa no which is not available now but anything can happen with USCIS and hope that they have alloted her a visa no before June 30th.

 

[PaulK]

Thanks Jaggy,

I'm not quite sure that my wife should be counted towards the cap.The cap is for EB3 only.My I 485 was based on EB3 but my wife's case is not.Hers is based on my I485.
So I don't really know how it works.

 

[max2k1]

Thanks Jaggy,

I'm not quite sure that my wife should be counted towards the cap.The cap is for EB3 only.My I 485 was based on EB3 but my wife's case is not.Hers is based on my I485.
So I don't really know how it works.

I think each 485 counts against the cap. That's why the cap numbers

I quote this from one of the visa bulletins

Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration

So your wife's case was automatically EB3.
Again I don't know how putting a case on "hold" effects any of this - hopefully it would mean that somehow a visa number gets "reserved" for her when the case gets released from the hold and hence can be approved anytime.

Its a unique case - I've not heard of anything similar - so please keep us updated on what happens.