Retrogression and Derivatives approval.

S

SafeNH

Registered Users (C)
Folks,

If the primary is approved while the spouse/dependents are still pending; if the primary PD gets retrogressed, will that affect spouse/dependents approval?

Thanks,
Safeer
 
Thanks TheRealCanadian.
I was in the impression that since the primary is already approved the spouse/dependent cases does not come under any category EB* and will not get affected by Regtrogression.

Thanks,
Safeer
 
Even, my wife's case also not yet approved. I think, retro dosen't matter for them. They should already have assigned visa nos. I raised 2nd SR a month ago, let's see. Primary approved on 07/11/07.

SafeNH said:
Folks,

If the primary is approved while the spouse/dependents are still pending; if the primary PD gets retrogressed, will that affect spouse/dependents approval?

Thanks,
Safeer
Click to expand...
 
skp19722003,

It may be weird for me to ask after 4 years in GC processing, whether assigning visa numbers is an internal matter of USCIS. Since from my family of 4, 3 got GCs and I do not see any special number on the physical GC or on approval notices, other than the A#. This A# was assigned to all 4 at the time of 485 application in Apr.'04 and I am sure that is the case for every application. Appreciate if you or someone clarifies on this concept of visa # assignment!

BTW, my elder son's 485 is also pending for over 2 months. Primary and 2 derivatives approved in July/Aug.'07

DIGS
EB3, India
PD Aug.'03
 
The reason I said was, it looks like some of the derivative cases were approved (as per this forum) within 1-3 months, after primary approved. Apart from that, when I spoke to them sometime back, she said, case is waiting for an officer to review. So, I believe, visa number is pre-assigned.

DIGS said:
skp19722003,

It may be weird for me to ask after 4 years in GC processing, whether assigning visa numbers is an internal matter of USCIS. Since from my family of 4, 3 got GCs and I do not see any special number on the physical GC or on approval notices, other than the A#. This A# was assigned to all 4 at the time of 485 application in Apr.'04 and I am sure that is the case for every application. Appreciate if you or someone clarifies on this concept of visa # assignment!

BTW, my elder son's 485 is also pending for over 2 months. Primary and 2 derivatives approved in July/Aug.'07

DIGS
EB3, India
PD Aug.'03
Click to expand...
 
Just an update that in reply to my sending Form DHS-7001 to Ombudsman for my elder son's 485 pending application, yesterday I got a reply (letter) stating that they have initiated an inquiry with NSC and if I do not hear anything from NSC in 45 days, to contact Ombudsman again.

Does this mean that USCIS irrespective of visas unavailable under EB3 in Oct. would process (old) applications?

DIGS
EB3 / India
PD Aug.03
RD Apr.04
 
I am too waiting for my wife's approval. She is waiting for her FP. Hopefully the retrogression doesn't apply to the derivatives.

Thanks,
Hudakchullu.
 
SafeNH said:
I was in the impression that since the primary is already approved the spouse/dependent cases does not come under any category EB* and will not get affected by Regtrogression.
Click to expand...

The derivative cases are still EB; my GC says E37 and my wife's says E39.
 
skp19722003 said:
The reason I said was, it looks like some of the derivative cases were approved (as per this forum) within 1-3 months, after primary approved. Apart from that, when I spoke to them sometime back, she said, case is waiting for an officer to review. So, I believe, visa number is pre-assigned.
Click to expand...

I do not think so, all the visa numbers irrespective of dependent or primary comes from the pool of visa allotted to each category. so 1 primary + 2 dependents means three visas are used. So, if retrogression affects it should be applicable to the dependents. This is my understanding, if any one correct it is always welcome.
 
good_y is right with the example. The only thing I wish to add is, if the primary has been adjudicated, his/her dependents will also be assigned the visa numbers under the same category.

sail1
 
sail1 said:
good_y is right with the example. The only thing I wish to add is, if the primary has been adjudicated, his/her dependents will also be assigned the visa numbers under the same category.

sail1
Click to expand...

sail1,
I do not think so, or I may be wrong. My own experience, Me and my wife approved at the same time, but for kids it took another 2 months. Still they have not send me the approval letter or card.
 
Help! Help! Help! - Changing job while I-485 is pending for spouse???

Hi

PD : May 2003
I-485 : Nov 2004
Category: EB2
Country : India

I received a green card two months back, and my spouse case is still pending. When I check with CIS thro my attorney, the case is pending with officer for Review. My spouce is working with EAD, and the EAD is valid till Feb 2008. AP valid till Nov 2007, and we have already filed for renew advance parole. I am the principal for employment based I-485. I have the following questions. Thanks for your help

1. Does my spouse condsidered to be an independent as I already got my green card ( plastic card).

2. Will it affect the process of pending I-485 for my spouse if I change my job

3. If the answer is No, does my spouse need file anything with CIS due to change in my job.

4. If I join the new employer, does my spouse need to file new EAD and AP with my new employer.
 
1. No. Your spouse is still derivative of you.
2. No. Your spouse PR is not dependent on you changing jobs.
3. No.
4. No one needs to file an EAD and AP with an employer. You can do these independently and you file it with USCIS.
 
PD need not be current for FTJ then why AOS?

TheRealCanadian said:
The derivative cases are still EB; my GC says E37 and my wife's says E39.
Click to expand...

As per the USCIS FTJ
Link to USCIS
FTJ do not need to wait for PD to become current. I do think by the same logic EB derivative does not require PD to be current.


Following-to-Join Benefits for Spouses
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.
If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:

You received a diversity immigrant visa
You received an employment-based immigrant visa
You received an immigrant visa based on your relationship to your U.S. citizen sibling
You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married
Click to expand...
 
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