what happens if I-485 gets denied for derivative primary USC

nimika

By nimika,
in 140/485 Concurrent Filing

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nimika Newbie

nimika

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Hello,

My wife is derivate EB3 and I-485 pending and priroty date current from next month.I am the primary applicant and already took USC after 5 yrs on GC. I have heard that once i take USC my wife I-485 will be rejected but still have not found any case on forums. What if we wait on decession on already filed I-485. What happens if I-485 gets denied ? will my wife will be out of status ? will here EAD becomes invalid ? and she wont be able to work ? or we will get some time.

Does anyone know that in my situtation the I-485 gets denied 100% ? and we should go ahead and file I130 and I485 again or we just need to files I130 and link with the pending I485

-Nimika

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nimika Newbie

nimika

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i consulted with the reputed lawyer and he said it is a dead case once you become US citizen and i should file I130 and I485 all medical exams again. If I-485 gets denied she may work on EAD he said its a gray area but suggested he is not comfortable with that as EAD is linked to I485 and if i 485 is revoked than EAD is revoked but he mentioned it not clear but he suggested do not work and file I130 and I485 and EAD and AP as soon as possible and do not travel

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Belle Advanced Member

Belle

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It's not a "dead case". Since your I-485 application was approved and never rescinded, the case is very much alive and she remains a beneficiary of your old I-140. She also does not need to file another I-485 or medical - she has laready done that. It seems to me this lawyer just wants to charge her for petitions she does not need to file.

Get a second opinion - from a better lawyer.

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