spouse got GC- I am still waiting

AnitaIm

New Member
We had applied seperately for GC - me EB2 India company A and husband EB3 world via company B
my I-140 was approved but during Jun 2007 (not sure ), PD becoming current for all categories we applied both for concurrent I-140 and I485 via company B because it was more reliable. So I did not pursue I485 via employee A and quit soon after for baby

anyway,we did fingerprinting (me too) and husband got GC sometime last year, but my 485 status is stuck i ninitial review in texas service center
and my priority date is not there yet.

does it mean that till my pd becomes current they wont touch my case ?

what is the whole pd and i485 issue ? what can they complete if pd is not current ?

Can i ask someone what is taking so long ? I dont know what my options are
 
While the PD is not current, they can take steps to process the case such as fingerprinting, background checks, interviews, and even denials, but they cannot approve your green card before your priority date becomes current. "Current" means your priority date is before the cutoff date for the relevant category in the visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5145.html), or the category in the visa bulletin shows 'C' (meaning everybody in that category is current regardless of their priority date).

The cutoff right now for EB3 worldwide is 8 JAN 2005, but for EB3 India it is 15 JAN 2002. As the derivative on your husband's case, you would have the same PD as him in EB3, but the different cutoff would make his case become current before yours.

However, you can request cross-chargeability to be treated as if you were from your spouse's country. Once they process the request, it would put you into the EB3 worldwide bucket, meaning your case would be governed by the EB3 ROW JAN 2005 date cutoff, thereby making you immediately eligible for approval.
 
Top