Primary approved, secondary name check pending

[needgchelp]

Hi Guys,

My I-485 is approved today after interview in Newark, NJ. Officer stamped I-551 in the passport and said I am approving your case.

However she didn't approve my husband's I-485 saying his name check is pending. Do you guys have any idea generally how long does it take to clear name check? what can we do to expediate.

Also, another concern is: I am under schedule A and today is last day for visa number to be current, fron Nov-06(latest bulletin) priority date is Oct-05 for schedule A.
Whenever my husband's name check gets clear, will they approve his case right away or again they will check for Priority date (eventhough today case was approvable but name check is pending). Please englighten gurus.

Thanks to the forum for all valuable information. Please respond friends. I am concerned for my husband's name check issue.

 

[TheRealCanadian]

Whenever my husband's name check gets clear, will they approve his case right away or again they will check for Priority date (eventhough today case was approvable but name check is pending).

He needs a current priority date as well.

 

[needgchelp]

That's certainly a sad news if he also needs priority date to be current. It's confirmed that starting from tomorrow 11/01 PD for Schedule A is Oct-05 (my PD is Feb-06) and by the time his name check gets cleared (who knows how many more months/years??) what would be PD at that time.

Rumor is:- in Dec-06 bulletin they will remove schedule A category and all schedule A files will fall under regular EB3, which would be bizarre. what an irony that FBI didn't clear his name check on time

 

[techy2468]

on the bright side since one of you will have the GC...and other will have EAD and AP.....you should be able to live life almost painfree....except for the renewal shit...which one has to do 120 days before expiry of EAD.....

 

[maximo]

Am i right in assuming that this scenrio (of primary being approved but derivative still pending) isn't something to be that worried about. Isn't it a matter of time before the derivative's case is approved.
Just want to make sure I am not missing something

While the derivate's application is still pending, he/she can always use the EAD for employment? Only issues I see are 1) periodic EAD renewal and 2) travel (outside the country).

Am I correct in assuming that even though the dependant's case is pending, the primary, once approved, is free to change employers, etc?

 

[TheRealCanadian]

Am I correct in assuming that even though the dependant's case is pending, the primary, once approved, is free to change employers, etc?

Absolutely. The derivative beneficiaries retain no tie to the primary alien's sponsor; their eligibility rests solely on the primary alien being a permanent resident.

 

[maximo]

Absolutely. The derivative beneficiaries retain no tie to the primary alien's sponsor; their eligibility rests solely on the primary alien being a permanent resident.

Excellent. Thanks