Stuck Foreever; Or not?

A

Anya4ever

Registered Users (C)
Hi all,
I guess some of you might be familiar with my case here. My spouse's GC is stuck for over 6 months even though I received my card way back in April. Yesterday, our lawyer received a response to our expedite request: "This case is delayed because of routine secutirty cheks and cannot be expedited" Our lawyer thinks that we will definitely not make the deadline and he estimates at least Sept 2006 before the PD becomes current again.

Yesterday only, my spouse called the VSC to ask about the case. A very nice lady answered him and was with him for almost 20 min on the phone. She confirmed the delay in security clearance as the culprit. The reason for that delay she said was that my husband has maintained a very distinct individual profile from my own: He entered the country at a different time (after me), his work status is entirely different (worked on EAD when I was a J1 and then got his own H1 when I changed my status to H1), and for a while we even filed our taxes separately (he worked in a diiferent state than I did). When we asked about the retrogression, she said that we will not be affected by it since we have filed in the EB 26 category which is different from the affected EB2 categories. She even confirmed this with a supervisor and took my EAC number to record somewhere.

Now I am absolutely confused...can any one tell us who to believe? the lawyer or the VSC lady (I wish the lady is right!) Any comments will be appreciated.

Thanks
 
what is "EB 26 category", never heard of it.

for EB2, only NIW or LC based. what is yours? :(

hope we are not affected. but it seems the representative gives you the wrong information.

by the way, which country you are from?
 
forxp said:
what is "EB 26 category", never heard of it.

for EB2, only NIW or LC based. what is yours? :(

hope we are not affected. but it seems the representative gives you the wrong information.

by the way, which country you are from?
Click to expand...


Dont know EB 26. Am a researcher in an academic institute. I 140 approval says "alien with exceptional ability". Is NOT an NIW, becoz had filed a second NIW also. Filing was labor exempt (did not file a labor ever..pretty sure)

Country India.
 
I had followed your case briefly in the EB1/NIW forum. It appears your I140 under EB1-EA and EB2-NIW were both approved.

- Did an employer apply for you, or was it self-sponsored? This would confirm that your priority dates was the date of filing I-140, and that youwere EB1-EA and EB2-NIW. Or confirm that no labor certification was filed for you.

- Which I-140 (EB1 or EB2) did you use your I-485 filing? Perhpas you filed concurrently, if so which one was attached to the I-485?

- What is the country of birth of yourself? and your spouse?

My case EB1-OR was approved in July, but but my spouse's case is stuck in name check, and retro starts tomorrow, and now the wait goes on. My spouse has a separate H1B and also once entered the US separately from me.
 
Last edited by a moderator:
it seems you are EB1, did you got EB2 NIW approved? No matter what, it seems wired since both EB1 and EB2 will be retroregressed starting from tomorrow.

what is your Prority date for EB1 or and EB2? if it is 5 or 5 years ago, the representative was right, you are not affected.
 
Thanks Guys

Thanks Raj1994 and forxp for your interest. To answer your questions:

1) I filed concurrently in 2 categories EB1/EA and NIW. The petition was self sponsored.
2) No labor was filed: AM POSITIVE.
3) EB-1/EA was approved first (early Feb) and I 485 followed in April. NIW was approved much later (June..or so) Therefore, I believe that I 485 was attached to the EB1/EA. However, my plastic green card distinctly lists the category of approval as EB26; just like the lady at VSC mentioned.
4) Both my spouse and I are Indian nationals

Forxp: for me, nothing is 5 or more yrs old. I’ve been in USA for about 4yrs and initiated the whole GC thing in Nov last year.

Once again, I appreciate your interest and all your replies
 
maybe they already assigned a visa number to your husband, call 6033340700 and find out if the visa center has a record for him.

another unreasonable guess, is this because you got EB1 and EB2 approved and uscis put you in a special category or high prority??? :rolleyes:
 
Thanks for the humor forxp. :)

Will try the other, more reasonable option you suggested and report back.
 
my card says EB26 too, and my spouse is stuck

my card says EB26, i thought this is a subcategory of EB2, isnt it? I cannot believe EB26 is a completely different thing from EB2. Can someone clarify this?
 
Yes, you are right

It is a sub category of EB2.

gcwaiter66 said:
my card says EB26, i thought this is a subcategory of EB2, isnt it? I cannot believe EB26 is a completely different thing from EB2. Can someone clarify this?
Click to expand...
 
how did you know this? from above posting, it says EB26 belongs to EB2, but means "adjustments" category of Eb2 filings. who can belong to this category? anyone filed before Oct 1???

srichalam said:
It is a sub category of EB2.
Click to expand...
 
Well, For Adjustments

sub category EB26 we are clear, it's issued thru adj. process which most of us belongs, and EB21 i strongly believe is a result of non-adjustment process, i.e Consular Processing.


forxp said:
how did you know this? from above posting, it says EB26 belongs to EB2, but means "adjustments" category of Eb2 filings. who can belong to this category? anyone filed before Oct 1???
Click to expand...
 
Just a few updates. We followed fxrp's suggestion and called to ask about the visa number. They seem to have no record of my spouse's name or EAC number. I guess a visa number is not alotted to him.

We got a response to our expedite request: the standard format saying that his background chek is not clear and the case cannot be expedited.

And finally, our lawyer is dead sure that my spouse is affected by retrogression. He says that the information given by VSC agent is not correct.

With that, we've reached a dead end. Guess its time to play the wait game. Applied for renewal of EAD this week.
 
you are not alone

Anya,
You are not alone....I filed my EB2 I-140 in April 2002, and I-485 in Sep 2003 (after I-140 approval), all 3 of my family cases are still pending due to that 'background check'...so you may consider yourself lucky since you got the card, only spouse's case is pending!
 
You must log in or register to reply here.
Top