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4) Get the I-485 approval rescinded via an Infopass appointment and regain H1B status which will put my wife back in H4 status.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

 

[WorryForGC]

family? eb? you da funny, don't fool around

 

[krocker]

EB3 Employment based out of TSC. Texas.

 

[WorryForGC]

then why are u posting in family based form, you da fun, congrats anyway!!!!!!!!!!!!!

the dates were expected to be 04/01 so not too much unexpected, not sure why were you not prepared, this was an easily foreseeable situation at least for 1st april, with 485 not filed for spouse , guess more alertness was warranted . you will have tough time to get answer on this here, your best bet may be the infopass again

EB3 Employment based out of TSC. Texas.

 

[krocker]

The game plan was to ask her to come back, in time, before the PD become current, to file her I-485 and stick around for a week before heading back to desh.
We are caught off guard by this freak approval. Who Knew better?
Any prodigious/sagacious advise?? the rumor is that there are few Yodas in these forums. help!

the dates were expected to be 04/01 so not too much unexpected, not sure why were you not prepared, this was an easily foreseeable situation at least for 1st april, with 485 not filed for spouse , guess more alertness was warranted . you will have tough time to get answer on this here, your best bet may be the infopass again

 

[cherr1980]

It is okay, but please post in the correct forum.

 

[great guru]

Bad Luck.

You are green card holder, you wife did not file I 485 along with you.

So you will be in deep trouble now.

Your wife category priority date is 01 MAR 02 "FB 2A", even if you file I 130 for your wife it may take several years before she gets het GC.

That is the reason, girls do not want to marry a GC guy, they always prefer an H1 or citizen.

The game plan was to ask her to come back, in time, before the PD become current, to file her I-485 and stick around for a week before heading back to desh.
We are caught off guard by this freak approval. Who Knew better?
Any prodigious/sagacious advise?? the rumor is that there are few Yodas in these forums. help!

 

[krocker]

hmm.. this is the first i ever heard about I-130 instead of I-824 for a FTJ!!
I'm not sure if you over looked the fact that,
I was Married in early 2005 and my i-485 is approved in March 06.

Bad Luck.

You are green card holder, you wife did not file I 485 along with you.

So you will be in deep trouble now.

Your wife category priority date is 01 MAR 02 "FB 2A", even if you file I 130 for your wife it may take several years before she gets het GC.

That is the reason, girls do not want to marry a GC guy, they always prefer an H1 or citizen.

 

[WorryForGC]

isn't FTJ to be applied before approval of 485

hmm.. this is the first i ever heard about I-130 instead of I-824 for a FTJ!!
I'm not sure if you over looked the fact that,
I was Married in early 2005 and my i-485 is approved in March 06.

 

[great guru]

Here missing info is "Did you include your wife in I 485 did she go out US with AP?

If the answer is NO to both the questions, you have to go for I 130 only.

 

[krocker]

We couldnt file her i-485 due to retrogression. She lef to india on H4 visa.
I was told that since we were married before the approval, she is eligible for FTJ via I-824 initiation.
yes? no?

Here missing info is "Did you include your wife in I 485 did she go out US with AP?

If the answer is NO to both the questions, you have to go for I 130 only.

 

[great guru]

Per availalble provision, Now you are GC holder.

Whether you are married after of before your GC, at the time of applying GC or adjusting the status you excluded your spouse in your petition.
Again your spouse is out side US at that time. You should have included your spouse in the petiton and asked for a counselor processing instead of adjusting the status.

I-824 have provision, if you would have filed I-485 and opted for AOS and later your spouse in India not able to adjust her status then you can request INS using I 824 requesting for a counselor processing in the home country. Now your situation is very different. Any how try with any experienced attorney, wheteher they can manupulate your cases.

I - 824 form will be used to request a duplicate approval notice, to request approval notice to another U.S. Consulate; and to request notice to a U.S. Consulate for derivative visas to family members.

We couldnt file her i-485 due to retrogression. She lef to india on H4 visa.
I was told that since we were married before the approval, she is eligible for FTJ via I-824 initiation.
yes? no?

 

[krocker]

pls. ref: http://uscis.gov/graphics/howdoi/appproc.htm#Following

I got my GC in EB3 employment category, so my wife should qualify as a derivative and will also inherit my PD. unless i'm seriously blindsided!!
Thanks

Per availalble provision, Now you are GC holder.

Whether you are married after of before your GC, at the time of applying GC or adjusting the status you excluded your spouse in your petition.
Again your spouse is out side US at that time. You should have included your spouse in the petiton and asked for a counselor processing instead of adjusting the status.

I-824 have provision, if you would have filed I-485 and opted for AOS and later your spouse in India not able to adjust her status then you can request INS using I 824 requesting for a counselor processing in the home country. Now your situation is very different. Any how try with any experienced attorney, wheteher they can manupulate your cases.

I - 824 form will be used to request a duplicate approval notice, to request approval notice to another U.S. Consulate; and to request notice to a U.S. Consulate for derivative visas to family members.

 

[great guru]

Only glitch is she has been in US. But go with an attorney.
You must understand most of the counsellors/processing officers are very young, they do not care about every line of law as we go in to it. For us it is life for them another case to play around.

I know your frustration, in order to take it serious, pay more attention on it.

Good Luck.

pls. ref: http://uscis.gov/graphics/howdoi/appproc.htm#Following

I got my GC in EB3 employment category, so my wife should qualify as a derivative and will also inherit my PD. unless i'm seriously blindsided!!
Thanks

 

[WorryForGC]

as per great guru, you look in deep trouble, hope you can find a way out, good luck!!

make sure you attach this document from the link and highlight the relevant aspects, to whatever suitable approach you take...

Only glitch is she has been in US. But go with an attorney.
You must understand most of the counsellors/processing officers are very young, they do not care about every line of law as we go in to it. For us it is life for them another case to play around.

I know your frustration, in order to take it serious, pay more attention on it.

Good Luck.

 

[WorryForGC]

make sure you attach this document from the link and highlight the relevant aspects, to whatever suitable approach you take...

here is a link for you
http://boards.immigrationportal.com/search.php?searchid=2149553

 

[krocker]

WorryForGC,
Why do u say that i'm in deep trouble?? I should be in the same boat as every other Employment based i-485 beneficiary with his/her spouse happens to be outside USA at the time of approval.
what am i missing??

make sure you attach this document from the link and highlight the relevant aspects, to whatever suitable approach you take...

 

[WorryForGC]

I meant you could still be a year away from getting her back with you

just thinking of you being newly married , guess you could stay back with her alternatively. well the situation is not so too common which unfortunately has been caused here due to retro and your early approval.
hope you have seen this link which may have some info for you
http://boards.immigrationportal.com/showthread.php?t=96693

WorryForGC,
Why do u say that i'm in deep trouble?? I should be in the same boat as every other Employment based i-485 beneficiary with his/her spouse happens to be outside USA at the time of approval.
what am i missing??

 

[great guru]

Now counsulate is going to pay more attention on PD, your PD is 04/30/2001, due to retro current PD is 01 Feb 01 though you could able to adjust your status here..


Couple of months delay immenient.

WorryForGC,
Why do u say that i'm in deep trouble?? I should be in the same boat as every other Employment based i-485 beneficiary with his/her spouse happens to be outside USA at the time of approval.
what am i missing??