PD Became Current & Retrogressed with no GC - Help!

[ScuderiaFerrari]

Greetings - 

 

Our PD: Oct 17, 2008 (EB2 India), i received my green card  one and half years ago but my wife didn't. The PD was current the month of April and May but she didnt get her GC. 

 

Now that EB2 for India has retrogressed again in June VB, wondering what the situation is.

 

Any experience/suggestions are appreciated.

[rahul412]

She is safe...

[ScuderiaFerrari]

Hello rahul412,

 

Thanks for your message! Could you kindly explain that further? Does that mean that this retrogression will not affect her since she didn't get the GC when dates were current? Or did you mean something different?

 

We tried contacting USCIS and haven't had much luck with them. Follow up time while a response from USCIS is lacking is 51 days which does not help our cause at all.

 

Your help is greatly appreciated.

 

Thanks!

[pontevecchio]

She will need to wait till the dates become current again. She is awaiting AOS. No worries.

[rahul412]

Hello rahul412,

 

Thanks for your message! Could you kindly explain that further? Does that mean that this retrogression will not affect her since she didn't get the GC when dates were current? Or did you mean something different?

 

We tried contacting USCIS and haven't had much luck with them. Follow up time while a response from USCIS is lacking is 51 days which does not help our cause at all.

 

Your help is greatly appreciated.

 

Thanks!

You have to wait till the dates become current, there is no other option here.

[pontevecchio]

She should get an INFOPASS appointment and enquire about the matter.

[ScuderiaFerrari]

Update...

 

Today my wife's case status moved to "Testing & Interview". Her interview is scheduled for next month (July). Recently when our dates were current, she received no update and today we see this.

 

Does this mean that if her interview goes well, she will get GC right away (with the assumption that a visa number was issued to her application when date was current) or will she have to wait until the PD becomes current again?

 

If latter then i struggle to understand why no action was taken on her application when her PD was indeed current few months ago.

 

This is so confusing....

 

Thanks for your help & comments in advance!

[JoeF]

If the PD is not current she can't get a GC issued. They may prepare everything, so that next time when the PD becomes current, it gets issued.

As to why it didn't happen earlier, that's the mystery that's USCIS... There can be a bunch of reasons, but probably they just take applications from a stack and her's was way down so they didn't get to it.

[ScuderiaFerrari]

Thanks JoeF for your response. 

 

Another question to the experts! The Interview receipt came and had the following bullet under documents to bring to interview.

 

"A completed medical examination (Form l-693) and vaccination supplement in a sealed envelope (unless already submitted)."

 

This bullet threw us off a bit. We had submitted my wife's medicals when we filed for I-485 (under EB2/Derivative) in August 2014. Medicals itself were done July 30, 2014.

 

Now I have read two contradicting things online,

 

1. According to a USCIS memorandum, the medicals if submitted are valid as long as I-485 is pending and not adjudicated.

2. I also see that medicals should not be older than 1 Year at the time of adjudication.

 

Now, which one to follow? I understand that the safest path forward is to get the medicals done again and keep it handy in case the officer asks but question is, is it really necessary? Are the medicals valid or invalid at this time?

 

For what it is worth, we never got any RFE for submitting medicals again. 

 

I am so glad this forum exists to get clarification on such topics!

 

Thanks in advance!

[pontevecchio]

Already submitted.