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Posted on 22 Aug 2011
Q.

Derivative GC approved after filing I-824 FTJ, AOS valid?

EB3I Priority date current in AUG 2011.
I-485 filed in 2005, GC approved on 08/11/11
Received notice & GC for me (primary) & my wife

In March 2010, I submitted I-824 application with intention of changing AOS to CP for my wife

When filing I-824 application, requested withdrawal of my wife's AOS application &
requested transfer of my file (on approval) to NVC in order to proceed with 'Follow To Join' application for my wife

My wife had valid AP until APR 2010. I-824 was filed before expiry of her AP.
My wife has not returned to USA since JUN 2009

After me filing I-824 & specifically requesting withdrawal of her AOS, USCIS still approved her AOS and sent her GC

Is AOS considered valid (not abandoned?)
My wife is still in India. Can she enter US using this Green Card?

User's Location: Burbank, California, United States of America
Category: Employment-based Green Card
Posted on 23 Aug 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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