Newark Local Transfer - NEED ADVICE

M

misrasum

Registered Users (C)
My wife and I were asked to come for an I-485 interview at the Newark local office on March 28th, 2007. The officer basically said he was going to approve our greencards. All he said we needed to do is get our fingerprints done and send him 2 passport size photographs each along with fingerprint receipt. We went immediately to Hackensack fingerprinting office (he gave us fingerprinting appointment letter for the same day). He also gave us a self addressed envelope to mail the fingerprint receipt and photos. We mailed him receipt plus photos the same day.
He also took our I-94 card away and said we would get a letter in the mail stating our Greencard is approved.

Now what I cant understand is:

1. My priority Date is 9/22/02 EB-3 (I am from India and my wife is from Poland - cross chargeability). How could the officer say he was approving I-485 when worldwide priority date is 08/02?
2. He said we would get a letter in the mail stating what we should do if we wanted to travel abroad. (basically to come into the local office to get our passports stamped) Is this usual procedure?
3. Now we have a child who was born outside US. We could not apply for I-485 for her because priority date is not current. I know we must file immediately before greencard comes or else we will be in trouble. What can we do?

Advice appreciated.
 
misrasum said:
My wife and I were asked to come for an I-485 interview at the Newark local office on March 28th, 2007. The officer basically said he was going to approve our greencards. All he said we needed to do is get our fingerprints done and send him 2 passport size photographs each along with fingerprint receipt. We went immediately to Hackensack fingerprinting office (he gave us fingerprinting appointment letter for the same day). He also gave us a self addressed envelope to mail the fingerprint receipt and photos. We mailed him receipt plus photos the same day.
He also took our I-94 card away and said we would get a letter in the mail stating our Greencard is approved.

Now what I cant understand is:

1. My priority Date is 9/22/02 EB-3 (I am from India and my wife is from Poland - cross chargeability). How could the officer say he was approving I-485 when worldwide priority date is 08/02?
2. He said we would get a letter in the mail stating what we should do if we wanted to travel abroad. (basically to come into the local office to get our passports stamped) Is this usual procedure?
3. Now we have a child who was born outside US. We could not apply for I-485 for her because priority date is not current. I know we must file immediately before greencard comes or else we will be in trouble. What can we do?

Advice appreciated.
Click to expand...


Question: Is the GC based on your employment category or from are your wife's (Poland) derivative.

If your GC is based on your employment status, then you would need to atleast wait for a year as what I see from the current status, as EB3 PD for India is 8th May 2001.

If you have already worked on EAD, then your H1B is invalid and you need to apply for new H1 and the quota for this is already over for FY 2007. If at all you have a masters degree, then you can apply under premium processing go outside US, get your H1B stamped and then bring your son/daughter on H4 and then apply for I485.

I have written all above based on my assumptions that you are still filing your I485 based on employment and that you are Indian origin. Good Luck!
 
NewaRK Local Office Transfer - Need Advice

Thanks fo your advice 'Want GC Soon'. Yes mine is Employment based EB3 Greencard. According to my attorney, I have to look at worldwide EB3 priority date (Aug 2002) - not India's EB3 priority date because of 'cross-chargeability' factor in my case (my wife is from Poland).

The key answer im looking for is:

Why would the immigration officer take I-94s away for me and my wife and state GC is approved even though our priority date (september 2002) is still not current?
 
misrasum said:
Thanks fo your advice 'Want GC Soon'. Yes mine is Employment based EB3 Greencard. According to my attorney, I have to look at worldwide EB3 priority date (Aug 2002) - not India's EB3 priority date because of 'cross-chargeability' factor in my case (my wife is from Poland).

The key answer im looking for is:

Why would the immigration officer take I-94s away for me and my wife and state GC is approved even though our priority date (september 2002) is still not current?
Click to expand...

I am confused as you say that your GC is based on Employment based (EB3) and cross chargeability factor as she is from Poland. Is she a US Citizen? Is the GC filed based on your wife's country of origin, if not, then you will fall under India's PD only.

What stamp did they stamp you on the passport on the day of the interview? Did they stamp 551 stamp that your GC is approved or if 485 pending? If you got the later, then you would need to wait for atleast a year or more until your PD becomes current since you are from India and they will mail you the card once your PD becomes current. In the meantime if you want to leave US, you would need to apply for advance parole and this is now taking 4 months to get it.
 
Ok let me try and explain a little better. I am the primary applicant, employment based EB3 from India with a priority date of 09/22/2002. My wife is a Polish citizen and applied for her I-485 based upon my pending application. Because my wife's country of birth is Poland, my priority date will be matched up against the worldwide EB3 priority date which is 08/01/2002 and NOT the India EB3 priority date which is 05/08/2001. This is called 'Cross-Chargeability'. So if worldwide category moves forward to 09/22/2002, my case can be approved.

Now at the interview on 03/28/07, the visa officer said he was going to approve our case once he received fingerprints and photos from us. He stamped our passports with 'NEW SEC 245' and wrote 'pending fingerprints'. He also took away our I-94 cards. However, today I got a letter in the mail stating that my case was going to be put on hold untila visa is available to us.

Here are my questions: 1) Why would the officer say case is approved when our priority date is not current? 2) Why would he take our I-94 away? Is that the normal procedure? 3) Is it OK to be without I-94s? 4) Is it OK to travel overseas?

Both my wife and I have valid Advance Parole and I even have a valid H-1B visa until 2009.
 
misrasum said:
Ok let me try and explain a little better. I am the primary applicant, employment based EB3 from India with a priority date of 09/22/2002. My wife is a Polish citizen and applied for her I-485 based upon my pending application. Because my wife's country of birth is Poland, my priority date will be matched up against the worldwide EB3 priority date which is 08/01/2002 and NOT the India EB3 priority date which is 05/08/2001. This is called 'Cross-Chargeability'. So if worldwide category moves forward to 09/22/2002, my case can be approved.

Now at the interview on 03/28/07, the visa officer said he was going to approve our case once he received fingerprints and photos from us. He stamped our passports with 'NEW SEC 245' and wrote 'pending fingerprints'. He also took away our I-94 cards. However, today I got a letter in the mail stating that my case was going to be put on hold untila visa is available to us.

Here are my questions: 1) Why would the officer say case is approved when our priority date is not current? 2) Why would he take our I-94 away? Is that the normal procedure? 3) Is it OK to be without I-94s? 4) Is it OK to travel overseas?

Both my wife and I have valid Advance Parole and I even have a valid H-1B visa until 2009.
Click to expand...

Even though your wife might be a polish citizen and since she is your derivative, I dont think that you would come under world wide quota. You can check with any attorney if you want to confirm what I am saying. Chargeability comes into play only when your wife is a US Citizen. Your wife will get a GC only if your case gets approved and not vice-versa and since your are from India, you will come under EB3 Indian category (May 8, 2001).

To answer your questions:

1) Why would the officer say case is approved when our priority date is not current?

Ans: You have completed the interview so there is nothing pending from their end and you would need to wait until PD for India gets current. They will mail you the card directly once your PD gets current.

2) Why would he take our I-94 away?

Ans: They usually take I-94 away after the interview is done. Its a part of regular process.

Is that the normal procedure?

Ans: Yes.

3) Is it OK to be without I-94s?

Ans: Yes

4) Is it OK to travel overseas?

Ans: Yes but with AP incase you used EAD or on H1B visa if you have a valid stamp.
 
Hi 'Want GC Soon'. Thanks for your answers on my questions. They were very helpful. On the Cross Chargeability issue, I have checked with my attorneys and also did some research too. Cross Charability is applicable for greencards too. So I would be able to use my wife's country of birth and therefore would fall in EB3 worldwide category.

A couple of websites that have info on cross chareability:

http://www.usabal.com/permres/greencardfaq.html#19


http://www.millermayer.com/resources/generalgcbacklog.html

'If you are married to someone from another country, take advantage of cross-chargeability to claim your spouse's quota delay for yourself, if it helps. For example, an Indian married to a Brit is cross-chargeable to the "worldwide" quota instead of the India quota in the applicable filing category'
 
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