Questions about unapproved derivative

[still_waiting11]

Hello all!

I was approved on 09/20, but my spouse still has not been approved.

I am scheduled to get my passport stamped on 08/25/2004. My questions/Concerns are:

1. Since the derivative is not approved, is there any concern? I don't think there should be any, but some experiences would be helpful.

2. Since my spouse has a valid EAD/AP thru 05/2005, what happens if she is not approved till that time and I reapply for her EAD/AP in early 2005 and what can I base this application on. Previously this application was done on a c(9) case, which is a reference to AOS on an employment basis. Since now I have a GC, how will that change?

3. Since my company sponsored me for my GC, should I stay with my current company till my spouse is approved?

4. What if I quit before her GC is approved, who get's to own her case? Me? The lawyer in the new company? Is that even possible?

5. Any other advice will be appreciated.

Still_waiting11 (Now only for the derivative though )
RD 06/25/02
ND 06/26/02
FP1 Done 08/14/02
FP2 Done 12/23/03
RFE Issued 02/25/04; Recd by Lawyer 03/05/04
RFE Replied 03/25/04; Recd by USCIS 03/26/04
3 EADs (Last one approved on 09/07/04)
3 APs (Last one approved on 09/06/04)
Inquiry started (Called 800 number): For both – 08/19/04
Recd Inquiry response for Spouse: 09/07/04 (Stating security back log)
AD for me - 09/20/04
AD for Spouse – Not yet
Last LUD: For me 09/21/04 - For Spouse 09/14/04 (Response to inquiry)

 

[Madman72]

1. No need for any concern.

2. I could see your spouse getting approved before 05/2005. Even if not, he/she can always apply for EAD/AP renewal using her I-485 application receipt (AOS- pending).

3. You dont need to stay in your company till your spouse gets approved. But it is advisable not to change the company immediately after GC approval. You may want to wait for atleast 3 months before changing the job.

4. If you quit and move to a new company, you may want to ask your old lawyer to transfer your spouse case to the new lawyer and ask you new lawyer to notify it to INS , so that he will be receiving the correspondance for you spouse case.

5. Stay calm.

~Mad

 

[saf]

1. No concern. she will be approved anytime.
2. Your spouse can apply for renewal EAD/AP if your spouse's case is not approved by that time. Remember to file 6 months before your spouse's ead expires.
3. Per lawyer's advice (most lawyers' advices), an approved 485 applicant should stay with his/her employer for 6 months to 1 year. 1 year is a safe bet. I think it will not affect your spouse's case if you quit your employer in 1 year. If RFE is issued for your spouse, it would likely be tax returns (ability to support your spouse), photos, medical stuff, your spouse's birth certificate, or marriage certificate, bank statements (ability to support your spouse), visa status, etc.
4. Is your lawyer company lawyer?? If your lawyer is a corporate lawyer and you want a new lawyer, you can ask your lawyer to file G-something form to represent you. Also, have your old lawyer to transfer all documents to you or your new lawyer. Problem is that sometimes some corporate lawyer won't give to a new lawyer because some documents are private. You can use FOIA (it will cost you money to get FOIA).
5. My advice for you and your spouse is to relax and don't quit your employer and check your spouse's case status online every time or call customer service for status. Congratulations on your getting green card. Enjoy your freedom in USA. Your spouse will be approved soon. Don't worry Did your spouse violate any immigration law like out of status in the past? If not, why worry?

Hope this helps.
USGC485