Derivative 485 approved; Primary 485 pending

[VJDJ]

Hi,

I need advice on my situation. My wife filed EB2 based 485 application through her employer and my application and my son's application were filed as derivative applications. My priority date is Dec 2005 and country of chargeability is India. My application and my son's application were approved on August 04, 2010 but my wife's application is still pending approval. It has been nearly 10 days since derivative applications were approved.

I understand that derivative applications cannot be approved without primary application getting approved first but why, then, my wife's application is still showing "initial review"?

I am confused and getting a little worried about this. Any advice will be appreciated.

Thanks.

[Ann Ruben]

Most likely, a clerical mistake of some kind was made. Your wife should call the National Customer Service Center to start the inquiry process.

[VJDJ]

Thank you Anne for your reply.

My wife did call the National Customer Service Center and opened a service request too. But we have not heard anything yet. We tried getting an infopass appointment but none is available in our area. We will try it again tomorrow. I am kind of surprised how this can happen because in the USCIS database, approval of derivative application requires a check on primary application approval first. This is what I have been told by another lawyer.

Thank you for your input.

Most likely, a clerical mistake of some kind was made. Your wife should call the National Customer Service Center to start the inquiry process.