Concurrent Filing - Using Cross Chargeability

Indeed it is weird..I thought the primary is always approved first not other way around..I have not got anything in mail yet..With all the various rumours
-latest being the recent approval might be rovoked etc..I am not yet
in a mood to celebrate it...This July Visa mess is turning out to be a bigger mess
than orginally thought and the the august bullitien which is due next week
will decide the next course of actions ....

dbins01,

U had mentioned that ur Spouse's 485 is still pending, please post when that gets approved.

-Still
 
Nothing in mail yet or change in the online mesg in my case which states
the case has been approved...
skp19722003 --Did u get anything in mail?

Still - sure will keep you/forum posted on spouse approval or any updates
 
My wife spoke to them 2 times, CSR said that your case is waiting for an officer
to review. She opened an SR on June 25th. They have sent a letter last Friday,
which is dated on June 29th saying that "security check is pending". My case
got approved on 07/11. Stupid BS reply. If the security check is really pending,
why didn't CSR mention about this when she called previously? I'm expecting her
approval soon.

Nothing in mail yet or change in the online mesg in my case which states
the case has been approved...
skp19722003 --Did u get anything in mail?

Still - sure will keep you/forum posted on spouse approval or any updates
 
Hey All

Went for another infopass today - same reply - name check pending.

However, the nice lady at the office showed me a hand written document, something she prob made to explain things to the numerous inquirers, that said background checks are also conducted in the native country of an applicant. If that is true, and considering how stuff works in India, we're pretty much screwed if we get stuck in this stuff. I doubt it though !

vik
 
Ok guys.. I am over the 140 hurdle. Got an approval on the 140 ammendment and now I am back in the 485 line..

Weird thing is that i see no LUDs on our cases after the FP2 last week.
 
485 filing anniversary

Hi All,

Today I completed 1 year of my 485 filing.

If it is true that security checks happen in native country as well, then we are all screwed big time.

-Still
 
Approval trends

A lot of applicants xfered from VSC to TSC is getting approved. I remember seeing 5-6 from TSC threads. But the PD ranged from 2001-2004

Ks_cc, Overboard, & Navneet should keep ur fingers crossed.

-Still
 
Cross Chargeability

Hi all,
I have a question. Eventhough we filed 485 under CC and We received our EAD's and AP, for the GC approval or considering us for adjudication, does our Priority date has to current?

NDH
 
Aug Visa Bulletin

Looks like the Aug visa bulletin is out. Two things stand out that may or may not affect us:

D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY

All Employment-based preference categories are “Unavailable” for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.

Bullets D and E seem to contradicting each other. Even if they follow bulletin #107, visa numbers are unavailable currently (unless they invent some visa numbers). Bottom line is, we have to sit tight until new visa numbers are released in Oct. Wonder what they will come up with in Oct. Meanwhile, we can continue waiting....and waiting...and waiting....
 
Hi all,
I have a question. Eventhough we filed 485 under CC and We received our EAD's and AP, for the GC approval or considering us for adjudication, does our Priority date has to current?

NDH
Hi nidhin,
Yes, for the actual approval of the green cards, your priority dates have to be current. Historically, and going ahead, I believe CC-ers still have the advantage of charging the visa to ROW since the odds of EB2 or EB3 ROW being current and available are much higher than charging to India or China or other traditionally retrogressed countries.
With the latest revision of the visa bulletin, the visas are supposedly available through August 17th, after which all employment based categories worldwide go to "U" or unavailable until the new fiscal year brings a fresh batch of visa numbers, which happens in October 2007. You can of course keep renewing your EAD and AP until your AOS is adjudicated regardless of visa availability.
 
Looks like the Aug visa bulletin is out. Two things stand out that may or may not affect us:

D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY

All Employment-based preference categories are “Unavailable” for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.

Bullets D and E seem to contradicting each other. Even if they follow bulletin #107, visa numbers are unavailable currently (unless they invent some visa numbers). Bottom line is, we have to sit tight until new visa numbers are released in Oct. Wonder what they will come up with in Oct. Meanwhile, we can continue waiting....and waiting...and waiting....

Yup, they pulled back the revised July bulletin that was issued on July 2nd based on the shtstorm that it caused, and the original bulletin that was published in June (for July) now stands as the July visa bulletin. All categories go to "U" in August. So new AOS filers have until August 17th to flood USCIS with their AOS applications, along with EADs and APs. Theoretically this also means that any one of us can be approved until the middle of August, failing which, we would need to wait for October when the new quota is released.
 
Can someone explain what this means ?

Hi,

I read this on immigration-law. Bet some of you guys would have read it too!!!
Its a bit cryptic for me probably cos I am getting a bit anxious. Is it that all the pre-July visa bulletin fiasco filers have a visa number requested for their cases by USCIS from DOS or there is a possibility that there could be a few folks whose visa number have not been requested. At least thats what I figured from this excerpt. If the latter is indeed true, can we find out from an infopass that a visa number has been allocated to our cases?

-Zeppelin

"In the present situation, the USCIS has taken out almost all the EB visa numbers for FY 2007 (09/30/2007) before July 1, 2007 to adjudicate the pending and backlogged I-485 applications. Most of these applications have yet to be adjudicated using the visa numbers which have already been authorized. When it comes to these two cases, there are two open questions which have yet to be answered. The first question is whether the USCIS will continuously return the visa numbers for these cases. Report indicated that the USCIS started returning some of these numbers back to the DOS. Should this take place, the existing EB-485 waiters will expererience a long-wait to obtain approval of their backlogged EB-485 applications. The second question is "whether one's EB-485 application was tagged before July 1." At this time, this information is not available to anyone other than the USCIS itself. It is likely that this information will remain under the rug indefinitely. Accordingly, once his/her case was tagged, even though there is a chance that his/her visa number has been returned to the DOS, he or she will have a good chance to get I-485 application approval in the coming months. We may call them "lucky devil you!"
The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007! "
 
Can someone explain what this means ?

Hi,

I read this on immigration-law. Bet some of you guys would have read it too!!!
Its a bit cryptic for me probably cos I am getting a bit anxious. Is it that all the pre-July visa bulletin fiasco filers have a visa number requested for their cases by USCIS from DOS or there is a possibility that there could be a few folks whose visa number have not been requested. At least thats what I figured from this excerpt. If the latter is indeed true, can we find out from an infopass that a visa number has been allocated to our cases?

-Zeppelin

"In the present situation, the USCIS has taken out almost all the EB visa numbers for FY 2007 (09/30/2007) before July 1, 2007 to adjudicate the pending and backlogged I-485 applications. Most of these applications have yet to be adjudicated using the visa numbers which have already been authorized. When it comes to these two cases, there are two open questions which have yet to be answered. The first question is whether the USCIS will continuously return the visa numbers for these cases. Report indicated that the USCIS started returning some of these numbers back to the DOS. Should this take place, the existing EB-485 waiters will expererience a long-wait to obtain approval of their backlogged EB-485 applications. The second question is "whether one's EB-485 application was tagged before July 1." At this time, this information is not available to anyone other than the USCIS itself. It is likely that this information will remain under the rug indefinitely. Accordingly, once his/her case was tagged, even though there is a chance that his/her visa number has been returned to the DOS, he or she will have a good chance to get I-485 application approval in the coming months. We may call them "lucky devil you!"
The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007! "
 
Stuck at DOL atlanta PERM

Right now i am waiting for PERM approval from atlanta which long overdue.if i apply this month i wont be able to use CC so will be charged agaainst india.
if i wait until sept not sure how the VB will be for ROW (eb2) . I guess we could ask to change to CC after filing now

keeping my fingers crossed
 
Right now i am waiting for PERM approval from atlanta which long overdue.if i apply this month i wont be able to use CC so will be charged agaainst india.
if i wait until sept not sure how the VB will be for ROW (eb2) . I guess we could ask to change to CC after filing now

keeping my fingers crossed

Hi johnmt100,

Your LC(Labour Cert.) does not depend upon visa numbers, so go ahead with 140 after u get ur LC. 140 also does not depend on visa numbers.

Do the above if ur LC comes between 18th Aug '07 to 30th Sept '07.

If u get ur LC before 17th Aug '07, file 140 & 485 concurrently and request for CC.


Ks_cc -> I guess my suggestion is correct, please add ur thoughts.

-Still
 
Right now i am waiting for PERM approval from atlanta which long overdue.if i apply this month i wont be able to use CC so will be charged agaainst india.
if i wait until sept not sure how the VB will be for ROW (eb2) . I guess we could ask to change to CC after filing now

keeping my fingers crossed

Hey John
I am in the same boat as you since my labor petition is also stuck at DOL Atlanta.....Also the attorney says that if chargeability to one country is available he wont be requesting for CC....So I am thinking to hold off on filing 140 and 485 till OCTOBER....... keeping the fingers crossed that hopefully by that time even the Premium processing for 140 will resume
KS any thoughts?
 
I have a question with regards to EAD and AC21

Lets say I use AC21 to change jobs and use EAD since the new company is not ready to sponsor H1B transfer. Now, after moving to the new company my I485 gets denied. I understand I lose my status here immediately. What are my options then? If I can appeal the denial, how much time after denial could I stay in US without maintaining any status? Can I continue working? What should be my approach to resolve such a crisis!

Thnaks in advance! Please help answering the questions if anybody can!

Hi nidhin,
Yes, for the actual approval of the green cards, your priority dates have to be current. Historically, and going ahead, I believe CC-ers still have the advantage of charging the visa to ROW since the odds of EB2 or EB3 ROW being current and available are much higher than charging to India or China or other traditionally retrogressed countries.
With the latest revision of the visa bulletin, the visas are supposedly available through August 17th, after which all employment based categories worldwide go to "U" or unavailable until the new fiscal year brings a fresh batch of visa numbers, which happens in October 2007. You can of course keep renewing your EAD and AP until your AOS is adjudicated regardless of visa availability.
 
I have a question with regards to EAD and AC21

Lets say I use AC21 to change jobs and use EAD since the new company is not ready to sponsor H1B transfer. Now, after moving to the new company my I485 gets denied. I understand I lose my status here immediately. What are my options then? If I can appeal the denial, how much time after denial could I stay in US without maintaining any status? Can I continue working? What should be my approach to resolve such a crisis!

Thnaks in advance! Please help answering the questions if anybody can!

My wife is in a similar situation where she's using her EAD to work for her new company since they weren't sure if they wanted to do an H1. Our attorney confirmed that she could go back on her H1 if her 485 was denied and that she would not be subject to the H1 quota since she already had one - apparently, the attorney's successfully done this for someone else.

vik
 
Is this also valid if one has completed the initial 6 year count on H1B?

Is going back to H1B is the only solution out of this crisis? Can't I continue working on EAD based on my appeal process which is pending adjudication?

Thanks in advance!
My wife is in a similar situation where she's using her EAD to work for her new company since they weren't sure if they wanted to do an H1. Our attorney confirmed that she could go back on her H1 if her 485 was denied and that she would not be subject to the H1 quota since she already had one - apparently, the attorney's successfully done this for someone else.

vik
 
Is this also valid if one has completed the initial 6 year count on H1B?

Is going back to H1B is the only solution out of this crisis? Can't I continue working on EAD based on my appeal process which is pending adjudication?

Thanks in advance!

You got me there wellwisher. She's not used up even one year on her H1 yet so I dont really know what the case would be. My attorney seemed to suggest that going back to H1 was the way out but then again, the same attorney didnt know about cross chargeability so I wouldnt bet on it. Try posting this question on the murthy forums - they have attorneys answering questions there sometimes. Why do you think your 485's going to run into trouble? Or are you just being cautious?
 
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