Filing AOS for dependent and case transfer, status for dependent


rdxm

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Posted

Hello,

I have a question regarding the status of dependent and case transfer.

Primary

PD: Aug,13, 2006

Applied in July 2007 EB2

FP done once in 2008

I140 Approved, PD/AP renewed

Case status INITIAL review

currently on H1, used AC21 once

Case was at Texas Center

Dependent H4

AOS applied June 1,2011

I had applied for my 140/485 concurrently in July 2007. I have since used AC21 once, never on EAD maintained H1B. Later got married 2009. Have applied for spouse when dates got current, June 1,2011. Wife's application has been received AOS/EAD/AP and I have got receipts via mail.

I got a letter from USCIS today stating that my application has been transferred to Nebraska center. Does this mean that there will be more wait time before the approve my 485. Does USCIS work these cases in sync or independent. I have seen other threads where guys with current PD (aug/sep) have received GCs.

Also if they do since wife's application is received even though H4 will be invalid, Is she still in valid status for USCIS? Can I use the GC then instead of H1 and do a job-change etc ?

Also I have been advised by a couple of people that opening a SR might hurt (which I doubt), can someone please validate if it truly hurts the case any by opening a request for getting more information on the case status?

Thanks for your help!

rdxm

Posted

Why in the world would you think there is a problem? Did you receive RFEs or NOIDs from the USCIS? If not, then you have nothing to worry about.

  • 2 weeks later...
Posted

Hi,

I am kinda in a similar situation. Is your dependent's case in NSC? Was your I-140 approved from NSC?

My I-140 and I-485 are in TSC.However, my wife's case was forwarded to NSC from the lockbox facility.

I am also thinking about SR.. but not sure yet.

Thanks

Posted

yep mines the exact same way, dependent 485/EAD/AP case is in NCS. My I140 was from NCS. and my AOS transfered to TX

Also got some interesting information today had called with the intent of getting a service request opened but they said even thought the PD is current they are processing cases from receipt date Dec-2010 at NCS it would still be some more time before they process 485's from june '11.

I'm just worried more as when my case gets approved, dependent being in AOS without and EAD (filed and not received) can be tricky for travel.

Not sure if they can travel until after getting AP/EAD, please guide if anyone has had similar situation and traveled or if there is any other way to travel in this situation.

Posted

Hi,

My I-140 was approved from TSC. I485 was initially at NSC.Later transferred to TSC (made sense since I-140 was at TSC). Not sure why my wife's case was forwarded to NSC. I guess, I just have to wait and see.

I am not an expert, but I believe AP/EAD for your wife will be processed in 3-4 months,(average time for AP/EAD), if not earlier...

Thanks

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