Help!! EB3 India I-485 Approved on 03/06/06 for PD 04/30/01 Help!!

[krocker]

EB3, India, PD - 04/30/2001
Married in 2005.
I-485 Approved - 03/04/2006
Passport Stamped via Infopass - 03/10/2006
Lady was nice, i just showed them a print out of my email notification for approval.
Card arrived in the mail, next day - 03/14/2006
NOT GOOD!!!! since my wife is in Chennai.
We couldn't file her I-485 cuz my PD wasn't current since June, last year.
I wasn't expecting my I-485 to be approved while my PD is not current!! somebody jumped the gun.
Do i need to file for I-824 or can i just send a letter to the Chennai consulate along with copies of a check list of documents and request for a case number and an interview??
Pls. advise any steps or tips that will help me to be proactive and avoid red tape.

after talking to 4 different lawyers here are my options

1) Walk into any US consulate in Canada or Mexico and request for 'Visas Omega Cable' to Chennai (This will bypass I-824 process!!) Anyone familiar with this??
2) File for I-824 for FTJ. 2 extra months of processing!!
3) Send a mail to Chennai with all the documents and a cover letter, requesting to initiate a FTJ process. Is this allowed for Chennai??
4) Get the I-485 approval rescinded via an Infopass appointment and regain H1B status which will put my wife back in H4 status. Risky??
5) Should i hire an attorney for these two steps?? FTJ and GC Approval date correction??
Pls. help me validate my options.
UNITEDNATIONS !! i got your handle name from a good friend, he suggested that i call out to you and all other wise-guys on this forum.

Thank you

 

[ari4u]

DUDE. This is a family based GC forum and i dont think you would end up with as many replies as you would get if you post in the Employment based GC forum. Good Luck!

And avoid multiple posting, it only leads to confusion.

 

[WorryForGC]

You Da Funny Clown, Again In Family Forum Today You Posted

EB3, India, PD - 04/30/2001
Married in 2005.
I-485 Approved - 03/04/2006
Passport Stamped via Infopass - 03/10/2006
Lady was nice, i just showed them a print out of my email notification for approval.
Card arrived in the mail, next day - 03/14/2006
NOT GOOD!!!! since my wife is in Chennai.
We couldn't file her I-485 cuz my PD wasn't current since June, last year.
I wasn't expecting my I-485 to be approved while my PD is not current!! somebody jumped the gun.
Do i need to file for I-824 or can i just send a letter to the Chennai consulate along with copies of a check list of documents and request for a case number and an interview??
Pls. advise any steps or tips that will help me to be proactive and avoid red tape.

after talking to 4 different lawyers here are my options

1) Walk into any US consulate in Canada or Mexico and request for 'Visas Omega Cable' to Chennai (This will bypass I-824 process!!) Anyone familiar with this??
2) File for I-824 for FTJ. 2 extra months of processing!!
3) Send a mail to Chennai with all the documents and a cover letter, requesting to initiate a FTJ process. Is this allowed for Chennai??
4) Get the I-485 approval rescinded via an Infopass appointment and regain H1B status which will put my wife back in H4 status. Risky??
5) Should i hire an attorney for these two steps?? FTJ and GC Approval date correction??
Pls. help me validate my options.
UNITEDNATIONS !! i got your handle name from a good friend, he suggested that i call out to you and all other wise-guys on this forum.

Thank you

 

[great guru]

He is putting in the correct forum. hHs wife going to get her immigration through family FB2 only.

No more employment derivative basis.

 

[krocker]

great guru,
u seems to be a senior in these forums.
its just not a wishful thinking. i believe that i posted in the wrong forum out of sheer inexperience with posting in forums.
My GC was via EB3 employement based and i was married before the approval. That should automatically qualify my wife under FTJ as a derivative and will also inherit my PD for her interview date. right? pls. clarify.

He is putting in the correct forum. hHs wife going to get her immigration through family FB2 only.

No more employment derivative basis.

 

[WorryForGC]

makes sense, by mistake he looks in the right forum based on what you say

He is putting in the correct forum. hHs wife going to get her immigration through family FB2 only.

No more employment derivative basis.

 

[MyOdyssey]

My GC was via EB3 employement based and i was married before the approval. That should automatically qualify my wife under FTJ as a derivative and will also inherit my PD for her interview date. right? pls. clarify


You are absolutely correct.

Send a letter to Chennai consulate to initiate FTJ. They do not need I-824 approval to initate FTJ process. Also file I-824 with CIS. You do NOT need a lawyer for FTJ. It is very simple process. Follow the last 50 pages in FTJ thread. Pay attention to PrinceOfJungle opinions. Do not delay the process and do NOT forget to mention your priority date in your correspondence with the consulate.