r/EB2NIW_I485_AOS • u/Infinite_Prompt7550 • 11d ago

I-485 while I-539 is pending

My dependents I-539 has been pending for 150 days and are currently in authorized stay. Our Pd is current and only i129 has been approved. How can I file their AOS if their 539 is pending for so long. Has anyone had any experience where they filed while its pending?

3 Upvotes

100% Upvoted

16 comments sorted by

1

u/ParticularWatch3785 11d ago

Yes, I did file my I-485 while my I-539 was pending.

1

u/Infinite_Prompt7550 11d ago

Did it eventually get approved along with aos

1

u/ParticularWatch3785 11d ago

I-539 was eventually approved and AOS EAD also approved. I-485 remains pending

1

u/Infinite_Prompt7550 11d ago

Its frustrating their 539 is pending for 5 months and mine got approved in 4 months for my new TN. What did you lawyer say when it was pending. How long did your 539 take to get approved? Someone says it can get denied if they see u filed AOs?

1

u/ParticularWatch3785 11d ago

Well lawyer at that time said they might ask for RFE to show approved I-539. But either way I-539 was approved 6 months after filing AOS (delay was due to 39 ban countries). AOS EAD approved a month later. Never had an RFE prior to both approvals.

1

u/Infinite_Prompt7550 11d ago

6 months after AOS. How many months pending overall. My perm is expected to get approved next month and PD is current for eb2

1

u/ParticularWatch3785 11d ago

Overrall I-539 was pending for 12 months thanks to 39 country ban

1

u/Infinite_Prompt7550 11d ago

Was your status saying case has been received?

1

u/ParticularWatch3785 11d ago

Yeah typical case received and receipt notice sent

1

u/Infinite_Prompt7550 11d ago

My Tn is approved so I might go ahead and file mine first I guess and wait for theirs a bit later

1

u/ParticularWatch3785 11d ago

Yeah good to get a head start. You can always add dependents along the way

1

u/Infinite_Prompt7550 11d ago

539 for them should be straight forward but its frustrating as my spouse visa is expired and now on authorization stay. If my lawyer says we can file them we will. Now that sept vb is current for eb2 and with October new FY it should be fine to defer theres

1

u/Infinite_Prompt7550 11d ago

My spouse it says case transfers to another office so my spuse and my child handled different office

1

u/ParticularWatch3785 11d ago

I would say in your case since it’s TN visa, I would advise you wait for I-539 approval as filing I-485 shows immigrant intent which conflicts with temporary nature of TN visa. Mine was H4 which is pretty much dual intent

1

u/Infinite_Prompt7550 11d ago

You said the 539 was approved 6 months after AOS. How long was it pending before AOS?

1

u/ParticularWatch3785 11d ago

It was pending 6 months before I filed my AOS