Interfile from Derivative to Primary (Belle, appreciate your response)

[GCDreamz2010]

I am Primary and my husband is derivative for our EB3 case (EB3 India, PD - Nov 2006).

My husband has an approved EB2 with PD June 2007 (he will be current in October) His I-140 approval has his derivative I-485 A# as well.

So what are our options to go with? We don't have any lawyer. Our previous I-485s were submitted by my employer para legal (did not sign any G28 though).

Options are

1.Switch my husband to Primary on his EB2 and myself as derivative?

2. Submit a fresh I-485.

Please advise on the correct option? Do we need to hire lawyer to do this or can we do it ourselves?

Also, if we go with option 1, should we send an interfile letter or call the 1-800 number.

[Belle]

You can either interfile or file another I-485, but interfiling is better. To interfile, your husband should call 1-800 number and make a reuqest to be considered a primary beneficiary on his own petition. Then, you should call and ask to switch to be his derivative.

[GCDreamz2010]

Belle really appreciate your response..

Do we need to send any interfile mail to CIS after we call the 1-800 number to open a SR? or Should we just wait..

Can we take care of the process ourselves at this point or are we legally supposed to hire a lawyer? To be specific, can we send the interfile request ourselves or it has to be a lawyer who needs to send the request. Please advise.

[GCDreamz2010]

Thanks Belle. Can I do it now or should I wait till October 1st when his PD becomes current? Do I need a lawyer for this case or do you think we can do it ourselves. Appreciate your help in the matter.

[Belle]

At no point in the process you have an obligation to hire a lawyer. And you can do it right now. You want to open a SR first, so that you may be issued an RFE, in which case you will send your info as a response. Or maybe they won't need any additional information.

[GCDreamz2010]

Hi Belle,

Thanks for your response. Really appreciate it.

My husband called CIS and raised an SR to switch from derivative to primary.. The IO said that we will get a mail within 30-45 days informing their decision ( whether they agreed to do it or not). When he asked about my case, the IO suggested to wait for the decision to come for his case and only after that I should call to change myself to Primary to Derivative. Do you recommend the same or do you think I can also raise the SR now itself assuming that my husband's SR will be approved as well..

Please advise.

[Belle]

I would wait for around 30 days before calling and asking to switch. Just to make sure they avoid confusion.

[GCDreamz2010]

Belle,

If I wait for another 30 days to open my SR to become derivative, it will be say Oct 15, and then if I open the SR, isn't there a slight possibility that I may miss the bus (getting a visa # assigned), as people are saying EB2 India retrogresses back in November?

Any other recommendation?

Thanks in advance...

[GCDreamz2010]

Hi Belle,

Request you to respond..

Thanks so much!

[Belle]

If you want to base your decision of what "people are saying", then go ahead and create a SR.

[GCDreamz2010]

Hi Belle,

Request your response. We got a mail from TSC reg my spouse's SR raised on 9/15..... It says -

"Based on your request, we researched the status of your case. We are actively processing your case. We have had to perform additional review on this case which has caused a longer processing time. At this time, your case is still pending. If you have further questions, please call the national customer center .... "

So what does this mean? Is it a standard USCIS response or there is more into it..... We were hoping that we would get an RFE, we got this instead..

Any idea as to what this could be due to? Also, is it the right time for me to open the SR to change myself from primary to derivative? Please note that we go current as of October 1.

Looking forward to your response...

Thanks

[Belle]

It may mean nothing, or it may mean your date is not current, or it may mean your case is stuck in namecheck. Wait until Ocotber 15, then if not approved, take an InfoPass and ask if your namecheck has cleared.

[BigJoe5]

AFM = USCIS' Adjudicator's Field Manual

AFM 23.2(l)(1) allows for an I-485 to be transferred from one basis to another without a new payment of certain fees already paid i.e. the I-485 and biometrics. Tell them to you want to switch to a newly approved petition and a letter requesting an I-485 transfer with a full explanation.

Ø Such AFM section includes the following note on this topic:

“While in many cases it is perfectly legal to convert the pending adjustment application to the new basis without requiring a new adjustment application or a new fee, there are a number considerations which must be taken into account before granting adjustment under the new basis. These considerations are discussed in Chapter 23.2(l)(2) of this field manual .”

[GCDreamz2010]

Belle.

The status for both myself & my spouse changed to Card production ordered yesterday.

Thanks for the great suggestions of raising the SR... Also we followed up with email last week. Hope we get the cards soon..thanks for all your help & the forum! It has been a ling journey and finally it's over!

[mandava921]

Hello Belle,

 

I have a similar situation. Please review my sitatution and advise below.

 

I-485 through my employment (Husband)

EB-3 India PD Mar 2006.

i-140 approved in Nov 2007

i-485 filed in Aug 2007 (wife as derivative)

 

 

I-485 through my wife's employment

EB-2 India PD Sep 2007

i-140 approved in 2009

i-485 filed in Nov 2011 (Me(husband) as derivative)

 

Here is my current situation. During the recent influx of RFEs (June 14th 2013), we both received RFEs (two each)

on both EB-3 and EB-2 cases. My guess is, on EB-2 we got RFEs becoz of the wide talk about the date movement.

And we are guessing we got RFEs also on EB-3 case due to sharing A#. I mean we have same A# on both I-485 applications. Do you think are we in any kind of trouble becoz of two pending i-485 applications?

Is there anything we should specifically do at this time?

Our lawyer is preparing to answer our (EB-2 RFEs)?

Do we need to speicifically request USCIS to interfile our i-485s to EB-2 priority date?

 

Please advise.

 

Thanks,

Mandava.

[mandava921]

Hello Belle,

 

I have a similar situation. Please review my sitatution and advise below.

 

I-485 through my employment (Husband)

EB-3 India PD Mar 2006.

i-140 approved in Nov 2007

i-485 filed in Aug 2007 (wife as derivative)

 

 

I-485 through my wife's employment

EB-2 India PD Sep 2007

i-140 approved in 2009

i-485 filed in Nov 2011 (Me(husband) as derivative)

 

Here is my current situation. During the recent influx of RFEs (June 14th 2013), we both received RFEs (two each)

on both EB-3 and EB-2 cases. My guess is, on EB-2 we got RFEs becoz of the wide talk about the date movement.

And we are guessing we got RFEs also on EB-3 case due to sharing A#. I mean we have same A# on both I-485 applications. Do you think are we in any kind of trouble becoz of two pending i-485 applications?

Is there anything we should specifically do at this time?

Our lawyer is preparing to answer our (EB-2 RFEs)?

Do we need to speicifically request USCIS to interfile our i-485s to EB-2 priority date?

 

Please advise.

 

Thanks,

Mandava.

Hello Friends,

 

Can somebody respond to my questions please? Now our dates are current (2013 Aug Bulletin)?

I need some urgent advise on how to proceed.

You help is much appreciated.

 

Thanks,

mandava.