Concurrent Filing - Using Cross Chargeability

Zeppelin said:
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! "
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Zeppelin,
Ah, the million dollar question. Has there been a visa number assigned to pending cases. The quite honest answer is that no one really knows. CIS typically requests for a visa number from the DOS during adjudication time, when the case is just about to be approved. Rumor has it that CIS requested visa numbers in June for all pending approvable cases. No one has confirmed that rumor. Then again, no one has denied it either.
If you call the service centers, especially TSC, using the POJ method, the IOs would tell you that no visa numbers are currently available. I know of at least three individuals on the TSC threads that were told the same thing by the IOs at the TSC, got wicked depressed, only to be approved a week or after their call. Some IOs flat out tell you that they do not have access to that information. Some folks report taking Infopass appointments and the IOs there telling them that they cannot see that data. I tend to believe that is the case. There is a chance the visas have been allocated, but if not, shoot for October but hope for sooner...thats the philosophy I'm adopting at least.
 
john

StillPatient said:
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
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Still is correct. Your labor nor your 140 depend upon visa number availability. The AOS/485 does. Nothing precludes you from availing of CC at any time. I don't believe that your country of chargeability HAS to be retrogressed to use CC. Retrogression is NOT a pre-requisite to using cross chargeability, nowhere do the loosely defined rules for CC state so. Using CC when you file your AOS puts you in the EB2 ROW category, something that is much less likely to retrogress than EB2 India. Yes, you CAN request CC at any time after filing AOS, but if you can, I'd suggest doing it right off the bat.
 
way2gc said:
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?
Click to expand...
The AOS is YOUR application. You can request for whatever country you want the visa to be charged to if possible. Your attorney is just trying to go by the straight and narrow and not deviate from the "regular" route....just my opinion. It benefits you in the long run if you use CC...in case India gets retrogressed, which with the influx of July applications, is not only likely, but quite certain in my opinion. It might not happen this year, but 2008 most likely I guess, unless they change their laws to recapture lost visas and/or increase visa number allocation for skilled workers.
Regardless, what's your attorneys defense for NOT using CC? I think you're entitled to do so. Its YOUR AOS application...he's just doing the paperwork....and getting compensated for it. Sheesh, sometimes immigration attorneys not only beguile me, but just pss me off.
 
WellWisher007 said:
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!
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I believe you can fall back on an H1 from a sponsoring company. You do not need to file a new H and be subject to H quotas. I know you can do this when you are under the employ of your green card sponsor (on that firm's H1B), but since GC is for intent-to-hire (future employment), I think its not unreasonable to think that it applies for moving to a different firm on EAD. This is something I think you really need to ascertain with an attorney. Its a little pricey, but if you want an accurate answer, several law firms such as Khanna or Murthy entertain phone calls for a flat fee. I think you can also post this question on the AC-21 threads and you may get more accurate responses there.
All in all, if I was a betting man, I'd say that you can fall back on an H1B...whose H1B I am not sure, it might even be an entirely different organization.
 
WellWisher007 said:
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!
Click to expand...

I know you're trying to cover all your bases, but your AOS won't be denied, so relax. But for the sake of argument, the EAD is based on your AOS and if the AOS is denied, then the EAD is immediately invalidated. You cannot use that EAD during the motion to reopen appeals process. If that happens the applicant needs to take a leave of absence from work until their issues are resolved. IF however, you have a valid H1 to fall back on (you can get 3 year extensions based on an approved 140) then you can switch back to your H1 (employer would need to amend I-9 or whatever the heck thats called) and you can continue work uninterrupted.
 
My update

Just an FYI...heard from my congresswoman's office...Texas has informed her that they're, quote, looking into what my case status is, end quote. This was verbal and she hasn't gotten it in writing, as in no response yet. She was down in TX for a congressional immigration meet and was kind enough to take my case down with her to chat with someone personally. I truly am blessed to live in a state where the congressional staff are so proactive. Even if not much comes of it, at least I have the satisfaction of having these wonderful people rooting for me. I'm rooting for the good folks at TSC to approve me...so its full circle.
Senator's office heard back from TSC on June 18th and Texas asked for 90 days to completion with a, quote, his case is in line for processing, end quote. This was before the visa fiasco, so who knows.
On a side note....I can't help but feel empathy for the officers at Texas and Nebraska...not to mention the FBI Name Check personnel. It really is a thankless job and they're bound by the broken system. I don't doubt that they work their butts off to accomplish their tasks under a severely understaffed and underbudgeted system...and you know its about to get much much much worse with hundreds and thousands of new applications entering the pipeline this month. The only real fix is to remove this 140K cap on employment visa numbers and raise it to a logical level befitting the 21st century.
 
ks_cc said:
Zeppelin,
Ah, the million dollar question. Has there been a visa number assigned to pending cases. The quite honest answer is that no one really knows. CIS typically requests for a visa number from the DOS during adjudication time, when the case is just about to be approved. Rumor has it that CIS requested visa numbers in June for all pending approvable cases. No one has confirmed that rumor. Then again, no one has denied it either.
If you call the service centers, especially TSC, using the POJ method, the IOs would tell you that no visa numbers are currently available. I know of at least three individuals on the TSC threads that were told the same thing by the IOs at the TSC, got wicked depressed, only to be approved a week or after their call. Some IOs flat out tell you that they do not have access to that information. Some folks report taking Infopass appointments and the IOs there telling them that they cannot see that data. I tend to believe that is the case. There is a chance the visas have been allocated, but if not, shoot for October but hope for sooner...thats the philosophy I'm adopting at least.
Click to expand...

Guess October it is then...One year since I filed!!!!
Thanks KS
 
Infopass Apptmnt

The RD for our 485 application was in mid- Feb earlier this year. Ever since that there have been no LUD even after our FPs in April.
Does one have to wait at least 6 months after the 485 RD/ND to get an Infopass apptmnt to find out what is going on with our case?
-hu
 
huizet said:
The RD for our 485 application was in mid- Feb earlier this year. Ever since that there have been no LUD even after our FPs in April.
Does one have to wait at least 6 months after the 485 RD/ND to get an Infopass apptmnt to find out what is going on with our case?
-hu
Click to expand...

huizet,
No, you are free to make an Infopass appointment at any time you wish. They would most likely tell you to check with them 6 months since your receipt date, but it would also be helpful for you to ask and know if your name checks are cleared, so definitely go for the Infopass.
 
thanks for reply KS (as always....ur too good)
gotta get back to attorney it seems....will need to straighten out....



ks_cc said:
The AOS is YOUR application. You can request for whatever country you want the visa to be charged to if possible. Your attorney is just trying to go by the straight and narrow and not deviate from the "regular" route....just my opinion. It benefits you in the long run if you use CC...in case India gets retrogressed, which with the influx of July applications, is not only likely, but quite certain in my opinion. It might not happen this year, but 2008 most likely I guess, unless they change their laws to recapture lost visas and/or increase visa number allocation for skilled workers.
Regardless, what's your attorneys defense for NOT using CC? I think you're entitled to do so. Its YOUR AOS application...he's just doing the paperwork....and getting compensated for it. Sheesh, sometimes immigration attorneys not only beguile me, but just pss me off.
Click to expand...
 
Tracker update

Hi All,

Spouse's EAD got approved today. But before that both our 485s had LUDs after a long long time. Check out my signature.

485 LUDs might be because of EAD, but then again this did not happen with the first EAD.

-Still
 
StillPatient said:
Hi All,

Spouse's EAD got approved today. But before that both our 485s had LUDs after a long long time. Check out my signature.

485 LUDs might be because of EAD, but then again this did not happen with the first EAD.

-Still
Click to expand...

I didn't have a LUD with EAD or AP, only a couple during and a day after FP, so yours may not necessarily be related to the EAD renewal. Keep your fingers crossed
 
Dedo said:
I didn't have a LUD with EAD or AP, only a couple during and a day after FP, so yours may not necessarily be related to the EAD renewal. Keep your fingers crossed
Click to expand...

Why only fingers, I have everything "crossable" crossed :) (Just kidding)

Forgot to mention that non of our 485s had any message change.

-Still
 
StillPatient said:
Hi All,

Spouse's EAD got approved today. But before that both our 485s had LUDs after a long long time. Check out my signature.

485 LUDs might be because of EAD, but then again this did not happen with the first EAD.

-Still
Click to expand...

Still,

That could be a sign of some good news.

My wife and me just got our EAD approvals - Wife on 18th and Myself on 19th. No LUD's on our 485's.
 
LUDs on 07/19 & 07/20, none so far today!!

Hello all,

I had stopped visiting this site few weeks back as I was trying to divert myself from all this immigration nonsense.

However, I am here today as we had LUDs last thursday & friday, none so far today though. I think 'still' saw LUDs too. Did anyone else see anything like that ?

I found some other folks on the forums who observed the same thing. BTW, there wasn't any msg change. any ideas what it could be.

Thanks
 
pururwa said:
Hello all,

I had stopped visiting this site few weeks back as I was trying to divert myself from all this immigration nonsense.

However, I am here today as we had LUDs last thursday & friday, none so far today though. I think 'still' saw LUDs too. Did anyone else see anything like that ?

I found some other folks on the forums who observed the same thing. BTW, there wasn't any msg change. any ideas what it could be.

Thanks
Click to expand...

Yes pururwa,

I had an LUD after a long long time, but only one, on the 20th and no change in message.
Same is true for my wife as well. Her 485 had an LUD after 10 months. Mine after 11, if u exclude the april 07 enq. LUD.

-Still
 
Question with regards to AC21 portability:

AC21 requires that you have the same job profile and same job pay. What if you moving from a low cost of living city to higher cost of living city? - In this case, how do we determine the salary requirement?

Please shed some knowledge on this issue.

Thanks in advance!
 
updates.

Got the approval copy in mail...strangly i have also got a code-2 FP scheduled next week..i did Code 3 in june BTW..
 
LUD's on our 485

Hi,

We saw LUD's on our 485 today. It has been the first LUD (what an oxymoron!!) on our 485's. I guess the reason could be because we filed for our EAD renewals on 07/20/07. They havent been receipted yet. I will send an update if there are any more changes.

-Zeppelin \m/
 
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