Spouse’s I-485, I-765 and I-131 applications REJECTED NEED HELP

G

gcinformation

New Member
Hi gurus,
Here is my situation. I applied for my EAD, AP and I-485 in Sep-04 at VSC and got the EAD and AP in Nov-04. I did my FP in May-05. In June-05 I got married and my wife joined with me in July on H-4. My lawyer sent I-485, I-765 andI-131 applications of my wife twenty days back to VSC and the applications were rejected three days back. Lawyer says, the cause of the rejection was retrogression. My question here is, does the retrogression applicable to my wife’s applications? Since, I am the primary applicant and got my EAD and AP in Nov-04. Do I need to wait till the dates to become current to be able to reapply my wife’s applications? Is that true?

There is lot of questions going through my mind, I will appreciate, if you guys help me through this situation.
 
- Which EB category?
- What's your country of birth, and her country of birth?

Retrogression would mean that the USCIS would return the I-485, and not deny. And yes, retrogression affects all dependents as well.
 
Thats what my lawyer told me.. that you can apply for your dependents only if your PD is current. :(. So basically if you are on H1 you will have to remain on H1 for her to be on H4, if you get onto EAD then she needs some way to maintain her independent status.. either an H1 or F1
 
Both of us are from India and my category is EB3. My lawyer said, he sent two applications of the similar cases in Sep-05 and they got accepted. Did he sent my application lately? I don't know. but he said, he is going to try it again, but can't assure that the application is going to be accepted.
 
gcinformation said:
Both of us are from India and my category is EB3. My lawyer said, he sent two applications of the similar cases in Sep-05 and they got accepted. Did he sent my application lately? I don't know. but he said, he is going to try it again, but can't assure that the application is going to be accepted.
Click to expand...

Attorney may not be sure of EB3 and EB2 cases. They will not accept until date is current.
 
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