my hubby's 140 denied , mine approved. Q about 485 based on his 140

S

sandyhu

New Member
My husband filed I-140(eb1-a) in 2007, while it's pending , we filed 485 (I as dependent)in 2008. His I-140 was denied in Nov,2008. However my I-140(EB2) has been approved in March, 2009, but I haven't submit my 485 because I need to wait for my prioity date.

The other day I got a letter from USCIS saying that I need to get a police clearance(bc my fingerprints are unclassifiable) within 30 days otherwise it may result in the denial of my application.
I was wondering why USCIS sending me this notice , is that because 1. they didn't know my husband's 140 got denied ? or 2. They noticed my 140 got approved so they start process my case?

I am now out of the states so I do want to know if it worthy of my coming back to get the clearance?
Really appreciate your anwers ~~~
 
sandyhu said:
The other day I got a letter from USCIS saying that I need to get a police clearance(bc my fingerprints are unclassifiable) within 30 days otherwise it may result in the denial of my application.
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They don't do fingerprints for I-140, so that letter must be related to your original I-485 that was filed as a dependent of your husband. That I-485 is now null and void, so replying to that letter is useless. Maybe the person who sent the letter wasn't aware of your husband's denial.
 
sandyhu said:
My husband filed I-140(eb1-a) in 2007, while it's pending , we filed 485 (I as dependent)in 2008. His I-140 was denied in Nov,2008. However my I-140(EB2) has been approved in March, 2009, but I haven't submit my 485 because I need to wait for my prioity date.

The other day I got a letter from USCIS saying that I need to get a police clearance(bc my fingerprints are unclassifiable) within 30 days otherwise it may result in the denial of my application.
I was wondering why USCIS sending me this notice , is that because 1. they didn't know my husband's 140 got denied ? or 2. They noticed my 140 got approved so they start process my case?

I am now out of the states so I do want to know if it worthy of my coming back to get the clearance?
Really appreciate your anwers ~~~
Click to expand...


Interfiling of underlying approved I-140 is doable. However, due to inefficiency of USCIS, you need to push hard to get it through. Once it gets through, you can keep your I-485 filing date and save your I-485 application fees. Hope this helps. Good luck.
 
Thank you very much Jackolantern and Bystander6 .

For interfiling, I don't know how and when to push USCIS to get it through ?
thanks.
 
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