I-485 Waiting for Derivative???
- Thread starter madgu-gc2005
- Start date
madgu-gc2005
Registered Users (C)
geo!!
i have a question. once the case is with the officer meaning visa number is allocated. am i saying correctly? what will happen if the officer is just sitting on the case (not doing anything) considering the scenario of Aug. bulletin (all EB categories will become unavailable). any idea. I am not doing anything since I am leaving for INdia tomorrow.
i have a question. once the case is with the officer meaning visa number is allocated. am i saying correctly? what will happen if the officer is just sitting on the case (not doing anything) considering the scenario of Aug. bulletin (all EB categories will become unavailable). any idea. I am not doing anything since I am leaving for INdia tomorrow.
Hi madgu,
That is my understanding, because that means the case is approval-ready and CIS supposedly requests visa numbers from DOS accordingly. But, at this time, things are apparently in disarray at CIS (they apparently didn't follow this internal regulation) and there are conflicting information from different people. We contacted our Senator to get us info and clarification, waiting for CIS's response.
If they sit on our case (assuming visa numbers are allotted) and/or time is up and cannot process them by October, then those numbers would be unused and wasted. Start from scratch on Oct 1st... that's actually a real possibility that we sure hope won't happen, given the current situation where massive I-485 has been pouring in.
That is my understanding, because that means the case is approval-ready and CIS supposedly requests visa numbers from DOS accordingly. But, at this time, things are apparently in disarray at CIS (they apparently didn't follow this internal regulation) and there are conflicting information from different people. We contacted our Senator to get us info and clarification, waiting for CIS's response.
If they sit on our case (assuming visa numbers are allotted) and/or time is up and cannot process them by October, then those numbers would be unused and wasted. Start from scratch on Oct 1st... that's actually a real possibility that we sure hope won't happen, given the current situation where massive I-485 has been pouring in.
My spouse just called TSC (this time a business-like but nice and polite lady... so our win probability is 75% now). To our disappointment, the IO said a visa number is not allotted to her case. So that's information in conflict between infopass and TSC, but we tend to believe the latter. And we are not exceedingly surprised as her case is relatively new, and older cases should certainly be processed first. It's just that I got past it whereas she hasn't that is depressing. So anyway, we most certainly cannot expect anything to happen at least until October... unless it's retrogressed.
The case is with an officer, pre-adjudicated, under review. All the security checks are cleared. That's been always all consistent and we are pretty sure about that.
We'll try hard to press for the SKIL. This really gotta be pass, otherwise this vicious circle will continue forever.
The case is with an officer, pre-adjudicated, under review. All the security checks are cleared. That's been always all consistent and we are pretty sure about that.
We'll try hard to press for the SKIL. This really gotta be pass, otherwise this vicious circle will continue forever.
Finally, Spouse's case got approved today (Well - the status shows card ordered). She finally got her FP last week. It went to our old address. Folks - we had changed the address with USCIS, and sent the AR11. USCIS address remained correct - we validated it during infopass, but FP was sent to old address.
Timeline
PD 12/2002 EB3 Ind
485 RD 04/2004
FP1 02/2005
AC21 used 09/2006
FP2 for Primary 05/2007
Primary approved 06/01/2007
Service request for derivative created 05/31/2007
Infopass for derivative 06/18/2007
Infopass IO: name check is completed and case Pre-adjudicated
FP2 for Derivative 07/2007
Derivative Approved (case status shows card ordered) 07/18/2007
Timeline
PD 12/2002 EB3 Ind
485 RD 04/2004
FP1 02/2005
AC21 used 09/2006
FP2 for Primary 05/2007
Primary approved 06/01/2007
Service request for derivative created 05/31/2007
Infopass for derivative 06/18/2007
Infopass IO: name check is completed and case Pre-adjudicated
FP2 for Derivative 07/2007
Derivative Approved (case status shows card ordered) 07/18/2007
Congratulations!!! Good to know cases like ours are getting approval. You guys should go out for celebration dinner tonight 
madgu-gc2005
Registered Users (C)
Hi all,
Our GC journey ended with the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On August 28, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Thank you all.
Our GC journey ended with the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On August 28, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Thank you all.
madgu-gc2005
Registered Users (C)
Hi all,
Here is an update on my spouse case.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On August 29, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Here is an update on my spouse case.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On August 29, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have question reg. spouse's I-485 filing.
Let us say Husband already applied for I-485 and is pending.
Can a Spouse apply for I-485 if she is already in the US without the regard for family based priority dates in the visa bulletin.
(i.e. Basically I am talking about a scenario where husband & wife did not apply for I-485 together though both are present in US)
In this case can spouse eligible for applying for I-485 without the regard for family based priority dates since husband's I-485 is pending??
Can someone shed some light into this please,
Let us say Husband already applied for I-485 and is pending.
Can a Spouse apply for I-485 if she is already in the US without the regard for family based priority dates in the visa bulletin.
(i.e. Basically I am talking about a scenario where husband & wife did not apply for I-485 together though both are present in US)
In this case can spouse eligible for applying for I-485 without the regard for family based priority dates since husband's I-485 is pending??
Can someone shed some light into this please,
madgu-gc2005
Registered Users (C)
which category you are going to apply? country of origin? what i syour priority date. They matter a lot. give your details.
Yes. From what you said ("...without the regard for family based priority dates in the visa bulletin") I'm assuming your husband is an EB-based primary applicant. As long as you got married prior to the primary applicant's approval, you are safe. If you get married after his approval, you would have to go via F2A, which would be an excruciating waiting game.
And yes, if you are already in the US, you would do this via AOS. If not, it would be CP.
And yes, if you are already in the US, you would do this via AOS. If not, it would be CP.
thanks geofu54,
If dont mind ,when you get a chance ,Could you provide some sort of online link (if you know of any) which talks about this.
I am also curious why are two different rules. i.e to say based on what you have said, If primay EB applicant's I-485 is not approved yet Spouse can Still apply for I-485 without the regard for family based priority dates.
where as if primary EB applicant's I-485 is already approved,then spouse is eligible for applying for I-485 based on family based priority dates.
What happens if a EB Primary applicant marries a spouse who is already in US but on say H-1/F-1 visa and where as Primary applicant's I-485 is already approved.
What happens to the spouse in that case. Does the spouse need to leave the country once she uses up her all her H1 years or F-1 expiration. (Assuming family based F2A wont be current by that time)
thanks,
If dont mind ,when you get a chance ,Could you provide some sort of online link (if you know of any) which talks about this.
I am also curious why are two different rules. i.e to say based on what you have said, If primay EB applicant's I-485 is not approved yet Spouse can Still apply for I-485 without the regard for family based priority dates.
where as if primary EB applicant's I-485 is already approved,then spouse is eligible for applying for I-485 based on family based priority dates.
What happens if a EB Primary applicant marries a spouse who is already in US but on say H-1/F-1 visa and where as Primary applicant's I-485 is already approved.
What happens to the spouse in that case. Does the spouse need to leave the country once she uses up her all her H1 years or F-1 expiration. (Assuming family based F2A wont be current by that time)
thanks,
madgu-gc2005
Registered Users (C)
Hi Krish,
If your I-485 is not approved under EB category then you need to wait for your PD to be current for filing 485 for your spouse.
If your I-485 is approved then there is some timelimit (I think but I am not sure- you need to confirm from other members in the forum) you can file 485 for your wife. By chance after your 485 approval if the PD goes back then you need to wait till your PD becomes current (you might be aware of June 2007 visa bulletin - everybody became current).
Probably your spouse would have to leave the country once she completes her H-1 period.
Hope this helps. This is what I learnt.
If your I-485 is not approved under EB category then you need to wait for your PD to be current for filing 485 for your spouse.
If your I-485 is approved then there is some timelimit (I think but I am not sure- you need to confirm from other members in the forum) you can file 485 for your wife. By chance after your 485 approval if the PD goes back then you need to wait till your PD becomes current (you might be aware of June 2007 visa bulletin - everybody became current
).Probably your spouse would have to leave the country once she completes her H-1 period.
Hope this helps. This is what I learnt.
Hi madgu-gc2005,
based on what you said,
Is it possible for EB primary to withdraw I-485 and then reapply along with spouse when priority date becomes current.
and thus EB-Primary can extend his H1 status for 3 more years (based on approved I-140) thus spouse also gets H4 extension.
By doing this, spouse does not need to leave the country.
basically withdraw I-485, then apply for H1 & H4 extension based on I-140 and then reapply together when PD becomes current.
I am not sure is this possible??
based on what you said,
Is it possible for EB primary to withdraw I-485 and then reapply along with spouse when priority date becomes current.
and thus EB-Primary can extend his H1 status for 3 more years (based on approved I-140) thus spouse also gets H4 extension.
By doing this, spouse does not need to leave the country.
basically withdraw I-485, then apply for H1 & H4 extension based on I-140 and then reapply together when PD becomes current.
I am not sure is this possible??
Thanks madgu, I should have noted that first! krish, my previous post is all on the assumption that you expect your primary's PD will be current soon (i.e., you can file near future while you are on status, whether on H1-b or F-1). Note the post below is also based on that assumption, but depending on your primary's PD situation it may not be helpful.
No, what matters here is the timing of your marriage. If you guys got married BEFORE the primary's approval, then it does not matter whether your filing is before or after his approval (as for the time-limit madgu mentioned, I've seen some mentioning that, but I'm not really sure). You can file your AOS if you are in the US, or can do follow-to-join if you are outside of the US, as a derivative applicant of EB-based petition.
The spouse wouldn't have to leave the US, because once s/he files for AOS, because her/his stay is authorized as long as the AOS is pending (i.e., your presence is legal). But in that case, s/he is technically not on status (because H1-b or F-1 expires). It's just her/his stay is authorized solely on AOS pending. So if s/he needs to go out of the US and return, s/he needs to have valid AP and upon re-entry his/her status in the US would be as a parolee.
No, what matters here is the timing of your marriage. If you guys got married BEFORE the primary's approval, then it does not matter whether your filing is before or after his approval (as for the time-limit madgu mentioned, I've seen some mentioning that, but I'm not really sure). You can file your AOS if you are in the US, or can do follow-to-join if you are outside of the US, as a derivative applicant of EB-based petition.
The spouse wouldn't have to leave the US, because once s/he files for AOS, because her/his stay is authorized as long as the AOS is pending (i.e., your presence is legal). But in that case, s/he is technically not on status (because H1-b or F-1 expires). It's just her/his stay is authorized solely on AOS pending. So if s/he needs to go out of the US and return, s/he needs to have valid AP and upon re-entry his/her status in the US would be as a parolee.
madgu-gc2005
Registered Users (C)
Hi Krish,
Is it possible for EB primary to withdraw I-485 and then reapply along with spouse when priority date becomes current.
It should be possible. But one thing you should remember we do not have any control over on immigration issues.
what category you are talking about. EB-1 / 2 / 3 and Under what category your I-140 is approved?
and thus EB-Primary can extend his H1 status for 3 more years (based on approved I-140) thus spouse also gets H4 extension.
By doing this, spouse does not need to leave the country.
YOu are correct.
basically withdraw I-485, then apply for H1 & H4 extension based on I-140 and then reapply together when PD becomes current.
In principle this is true. But in real sense we cannot say anything.
Is it possible for EB primary to withdraw I-485 and then reapply along with spouse when priority date becomes current.
It should be possible. But one thing you should remember we do not have any control over on immigration issues.
what category you are talking about. EB-1 / 2 / 3 and Under what category your I-140 is approved?
and thus EB-Primary can extend his H1 status for 3 more years (based on approved I-140) thus spouse also gets H4 extension.
By doing this, spouse does not need to leave the country.
YOu are correct.
basically withdraw I-485, then apply for H1 & H4 extension based on I-140 and then reapply together when PD becomes current.
In principle this is true. But in real sense we cannot say anything.
thanks madgu-gc2005,
I am EB2 Primary Applicant. I-485 pending,I-140 approved.
I found the following link where it talks about similar scenario. But does not say what happens to the spouse if she cannot file I-485 because EB Primary's priority date is not current. Does she need to leave the country or Can Spouse can still apply for H-4 extension based on Primary's I-485 pending application??
=================================================
http://www.murthy.com/news/n_derspo.html
Question 3. I filed my I-485 before retrogression, when my priority date was current. I am now married and my spouse is in the U.S. Can my spouse file an I-485 as part of my case? Can my spouse get an Employment Authorization Document (EAD) within a few months?
©MurthyDotCom
No and no. In order to file an I-485 adjustment of status application, it is necessary to have an immigrant visa number available immediately. Derivative spouses are eligible for the same employment (EB) category and same priority date as the primary spouse. If the latest U.S. Department of State's Visa Bulletin cutoff dates, always available on MurthyDotCom, indicate that there is no longer a visa number available for the particular priority date, then it will be necessary to wait until the priority date becomes available in order to file the I-485, the employment card, and advance parole (AP). The EAD and AP are filed based upon the I-485 filing. They can be filed with the I-485 or after it is filed. Thus, if an I-485 cannot yet be filed because a priority date is not current, the EAD and AP cannot be requested.
==================================================
I am EB2 Primary Applicant. I-485 pending,I-140 approved.
I found the following link where it talks about similar scenario. But does not say what happens to the spouse if she cannot file I-485 because EB Primary's priority date is not current. Does she need to leave the country or Can Spouse can still apply for H-4 extension based on Primary's I-485 pending application??
=================================================
http://www.murthy.com/news/n_derspo.html
Question 3. I filed my I-485 before retrogression, when my priority date was current. I am now married and my spouse is in the U.S. Can my spouse file an I-485 as part of my case? Can my spouse get an Employment Authorization Document (EAD) within a few months?
©MurthyDotCom
No and no. In order to file an I-485 adjustment of status application, it is necessary to have an immigrant visa number available immediately. Derivative spouses are eligible for the same employment (EB) category and same priority date as the primary spouse. If the latest U.S. Department of State's Visa Bulletin cutoff dates, always available on MurthyDotCom, indicate that there is no longer a visa number available for the particular priority date, then it will be necessary to wait until the priority date becomes available in order to file the I-485, the employment card, and advance parole (AP). The EAD and AP are filed based upon the I-485 filing. They can be filed with the I-485 or after it is filed. Thus, if an I-485 cannot yet be filed because a priority date is not current, the EAD and AP cannot be requested.
==================================================
madgu-gc2005
Registered Users (C)
Hi Krish,
As long as you are on H-1B you can file H-4 for your spouse. In that situation she need not leave the country. When your PD becomes current then you file 485 for your wife.
what is your PD?
As long as you are on H-1B you can file H-4 for your spouse. In that situation she need not leave the country. When your PD becomes current then you file 485 for your wife.
what is your PD?
madgu-gc2005,
Here is my scenario which I trying to see if it happens what should be the proceeding.
PD: July 2006,EB2,I-140 approved,I-485 filed
Currently I am in H1 and wife on H4. My H1 Expires on June08.
I am trying to see If I can extend her H4 Incase my PD does not become current and not able to file her I-485 before her H4 expires.
Here is my scenario which I trying to see if it happens what should be the proceeding.
PD: July 2006,EB2,I-140 approved,I-485 filed
Currently I am in H1 and wife on H4. My H1 Expires on June08.
I am trying to see If I can extend her H4 Incase my PD does not become current and not able to file her I-485 before her H4 expires.