I-485 (derivative) filing location. Chicago or Phoenix Lockbox?

[toffee123 0]

Hi,

I have I-140 approved and I-485 filed; Currently pending priority date to be current.

I'm going to filed I-485 (derivative) application for my wife currently on H-4 visa as soon as my PD is current.

According to the instruction. "Where should you file form I-485" (.uscis.gov/files/form/i-485instr.pdf)

Page 5

1. You are applying for adjustment of status under one of the eligibility categories listed below, file your Form I-485 with USCIS Chicago Lockbox facility.

C. Spouse or child of an immigrant who has applied for adjustment of status or has been granted lawful Permanent Residence through a Family-Sponsored Visa category

that allows derivative status for spouses and children (Part 2, Box "b" on the form)

Question: The above stated "Family-Sponsored Visa", My I-485 is filed under employment based. Does this application (derivative sponsor) consider family based?

or

Page 7

3. You are filing Form I-485 based on the eligibility categories (A-F) below, then file your application at the USCIS Phoenix or Dallas Lockbox facility based on

where you located.

E. You are filing your Form I-485 based on pending or approved Form I-140. If you have an approved or pending Form I-140, you must include a copy of the Form I-797

which shows that your Form I-140 was accepted or approved.

Question: As above, i'm qualify for both C and E. Which lock box should i be sending the application?

[hmh33 117]

The application derives from an employment-based petition. "Family-sponsored" in this context has specific meaning and does not apply to you.

Edited October 29, 2012 by hmh33

[toffee123 0]

The application derives from an employment-based petition. "Family-sponsored" in this context has specific meaning and does not apply to you.

FYI, (Part 2, Box "b" on the form)

b. My Spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for

spouse and children.

Above is the check box i checked in the I-485 Form under(I am applying for adjustment to permanent residence status because:)

Does that means i need to send the application to Chicago Lockbox?