Sad Story : What not to miss when doing derivative AOS for spouse

[SISIN_R2I]

Hi,

I am in totally unknown territory and wanted to poll members
for their experience.

My GC state is in 485 pending(EB2;Priority Date jun 06;140 approved
feb 07;485 receipt aug 07).

I recently changed my job and then got married. Because of the job change
I had to file for a AOS transfer and that went fine (using AC-21).

My wife is on F1 and we had a registered marriage in USA.

As part of derivative AOS application (for my wife), I asked my old company
to provide the I-140 receipt which they refused to share.
My immigration lawyer was ok with sending the package with just the
online printout of the
140 status (using the 140 receipt number).

This turned out to be a big mistake. The USCIS rejected the derivative
AOS saying
that I-140 document is missing. My lawyer tried talking to the
mailroom supervisor
through the liason attorney. She explained that even if 140 is missing
, they should
be able to pull the records and get the confirmation on my 140. But no help!

Now we cannot apply again since the dates have regressed.

We are now planning to get the H4 done in India. My question is does the
rejection notice affect her chance of getting an H4. Is there any gotchas that
she has to take care of when doing her H4 processing in India?

 

[TheRealCanadian]

This turned out to be a big mistake. The USCIS rejected the derivative AOS saying that I-140 document is missing. My lawyer tried talking to the
mailroom supervisor through the liason attorney. She explained that even if 140 is missing
, they should be able to pull the records and get the confirmation on my 140. But no help!

Did you provide a copy of your I-485 receipt? You are not a party to the I-140, so you should not be expected to have a copy of the I-140 receipt. I wonder if USCIS was confused and thought she was applying as a primary applicant, not a derivative.

We are now planning to get the H4 done in India. My question is does the
rejection notice affect her chance of getting an H4. Is there any gotchas that
she has to take care of when doing her H4 processing in India?

Nope, should have no effect on the H-4.

 

[camacho59]

priority date?

was your priority date current when you sent in your spouse's application? if it wasn't, uscis will not accept her application. don't know why they would need an i-140 receipt for the derivative though.

 

[whitemimauz3]

SISIN_R2I

How can you file derivative's AOS when priority dates are not even current, your attorney should know this. You are direct beneficiary of an approved I-140 and your wife being derivative, but for a derivative to file AOS priority dates should be current

 

[GotPR?]

SISIN_R2I

How can you file derivative's AOS when priority dates are not even current, your attorney should know this. You are direct beneficiary of an approved I-140 and your wife being derivative, but for a derivative to file AOS priority dates should be current

Employment based cutoff date moves back and forth.
Jun/06 EB2 India was current in Aug and Sep. 08. I guess she filed AOS then, and it got retrogressed again.