Concurrent Filing - Using Cross Chargeability

Name check

Some of you may have seen this already, but it looks like the Ombudsman is hard at work to try to get the USCIS do something about the backlog.

http://www.murthy.com/news/n_ombadd.html

Even if it doesn't come to anything, it is heartening to know that there is somebody paying attention to this untenable situation.
 
StillPatient said:
Ok Guys,

Our LUD was for NOID, as there was no TB skin test in our I-693.
This is dated July 19th and my attorney forwarded it to me as a PDF attachement yesterday.

I was expecting this as the skin test was not mandatory last year, but became so this year. So most of 2006 filers, not having done this last year, and have got LUD, expect this soon, or even better start contacting ur respective attornys whether they have received this.

many of the guys who got NOID, got approved after sending back a new I-693. So Iam hoping against hope.

Now off to searching for that doctor who did our medical a year back.

-Still
Click to expand...

Still,
As we discussed, don't sweat the NOID. If you wander over to the Texas thread, you will see several folks reporting the same, some as RFEs and others as Notices. Why the distinction, I am not sure, but for what its worth, the NOID might indicate that there is no further documentation required other than the skin test and once that is received, the case shall be approved. So this is a positive thing. Definitely check on the status of your name check. Keep us posted.
 
gc_psraj said:
Guys,
Some good news for me at last. I got the CRIS email yesterday that my card production has been ordered. However, I did not get this for my spouse. We both had LUDs though, with no status change for her. Is this becoming a new trend now, the secondary applicant gets approved first and the primary is still pending? I am not celebrating yet as I don't know what is holding up my spouses approval.
Click to expand...

gc_psraj
CONGRATULATIONS dude. This is awesome. I remember the frustration you felt when the mailroom kept sending back your CC application. Makes it seem worthwhile now I bet.
Is your wife the primary applicant? I thought you were the primary and used her country of chargeability. If she was the primary, wouldn't you just have been the derivative on her AOS application? If I'm not mistaken, you're the primary, she is the derivative, and you're using her country of chargeability.
If so, then you remain the primary petitioner, since its your EB-AOS, its just being charged to her country's quota.
There have been several cases where the primaries get approved, but the derivatives have to wait, and this is predominantly due to them being stuck in name check. Find out about the status of her name check, but this is a little premature. Give it a week or so before following up by calling the service center. A month later would be a good time to involve your congressional office. But, its too early...she may get approved next week. So relax, enjoy your approval!!!!
 
prezcalvin said:
Some of you may have seen this already, but it looks like the Ombudsman is hard at work to try to get the USCIS do something about the backlog.

http://www.murthy.com/news/n_ombadd.html

Even if it doesn't come to anything, it is heartening to know that there is somebody paying attention to this untenable situation.
Click to expand...

Eyuh. This was listed as one of his top priorities for the fiscal year. I bet his offices get tons of letter bemoaning hold ups due to the name checks.
 
ks_cc said:
gc_psraj
CONGRATULATIONS dude. This is awesome. I remember the frustration you felt when the mailroom kept sending back your CC application. Makes it seem worthwhile now I bet.
Is your wife the primary applicant? I thought you were the primary and used her country of chargeability. If she was the primary, wouldn't you just have been the derivative on her AOS application? If I'm not mistaken, you're the primary, she is the derivative, and you're using her country of chargeability.
If so, then you remain the primary petitioner, since its your EB-AOS, its just being charged to her country's quota.
There have been several cases where the primaries get approved, but the derivatives have to wait, and this is predominantly due to them being stuck in name check. Find out about the status of her name check, but this is a little premature. Give it a week or so before following up by calling the service center. A month later would be a good time to involve your congressional office. But, its too early...she may get approved next week. So relax, enjoy your approval!!!!
Click to expand...

Hi ks_cc
Thank you. It is a big relief to see the approval. I did not expect anythin g this soon. You are right, I was misinterpreting her as primary because it was charged to her country quota. I shall wait another month or so before start knocking doors. This forum has been very useful for me, I found so much information my attorney would not know. A big thanks to you for keeping my hopes up when my CC applications were being rejected. And of course, to Radd, the person who started this thread. I will give an update after a week on the status.
 
ks_cc said:
Eyuh. This was listed as one of his top priorities for the fiscal year. I bet his offices get tons of letter bemoaning hold ups due to the name checks.
Click to expand...

Ks,

When do you think this prodding by the ombudsman will force the USCIS into action about the NC backlog? From October or the next fiscal year from October 2008? I hope it's the former!
 
prezcalvin said:
Ks,

When do you think this prodding by the ombudsman will force the USCIS into action about the NC backlog? From October or the next fiscal year from October 2008? I hope it's the former!
Click to expand...

Hey Prez,
It's October of 2007. Its on his agenda for the fiscal commencing October. However, he only makes suggestions and recommendations to the agencies and to Congress. He cannot effect a change in procedures, but strongly push for and advocate fixes to a broken system. On the plus side, he is definitely an ally that name check victims want on their side and the fact that he recognizes the issues is proof positive that they're looking to enact change. On the flip side, any change in the process would go through a series of congressional hearings and congressional iterations before anything becomes law or a change in process. Especially something as sensitive as name check since it is so integrally focused around national security.
 
CC applicable to me?

Hi guys
First of thanks for starting this thread. I have just found this thread and I have a question...
I am an Indian citizen born in Kuwait. Does cc apply to me? My lawyer states that they will automatically take the country of birth. I dont have to mention anything special regarding CC. Is this true?

My other question is
Does cc apply only if the spouse who is a dependent was born in a country and we are using cc to use the dependents country of birth rather than the primary applicants country of birth?

Let me know
Thanks
LC: May 2004 (priority date) Approved - Feb 2006
I140 : July 2006 - approved
I485 : July 2007 - applied
 
EAD Approved.

I just received the EAD approval email "Card production ordered" for both my wife and self. There is a change in LUD for AP as well but it is not approved yet.

I believe (wish) it should get approve within couple of days as well, right??

Am I supposed to get an email for AP approval too?


Thanks,
VS
 
HulkHogan said:
Hi guys
First of thanks for starting this thread. I have just found this thread and I have a question...
I am an Indian citizen born in Kuwait. Does cc apply to me? My lawyer states that they will automatically take the country of birth. I dont have to mention anything special regarding CC. Is this true?

My other question is
Does cc apply only if the spouse who is a dependent was born in a country and we are using cc to use the dependents country of birth rather than the primary applicants country of birth?

Let me know
Thanks
LC: May 2004 (priority date) Approved - Feb 2006
I140 : July 2006 - approved
I485 : July 2007 - applied
Click to expand...

Hulk...umm...whatchu gonna do brother? :) Sorry, pro-wrestling seldom gets mention on these boards in any shape or form.
Yes, your attorneys are correct. Since you were born in Kuwait, you don't need to apply for CC. Your country of birth is your country of chargeability, and you are automatically in the ROW category, regardless of your country of citizenship.
The answer to your second question is also yes. Besides the spouse, I think there are other caveats that you can use for CC, such as parents country of birth or something to that effect. Since no one on these forums has used that clause, we haven't really paid much attention to it.
Regardless, you're a pretty straight forward filing. Congratulations.
 
vsaxena said:
I just received the EAD approval email "Card production ordered" for both my wife and self. There is a change in LUD for AP as well but it is not approved yet.

I believe (wish) it should get approve within couple of days as well, right??

Am I supposed to get an email for AP approval too?


Thanks,
VS
Click to expand...

VS,
Congratulations on your EAD approval. Yes, you would get a different set of emails for yourself and your spouse when your AP is approved. I'd say that you should perhaps expect your AP approvals this week, but given the recent increased workload, don't be surprised if it goes into the next couple of weeks. But, I'd guess that the APs would be done this week.
 
No news on 485 after LUD's

StillPatient said:
Ok Guys,

Our LUD was for NOID, as there was no TB skin test in our I-693.
This is dated July 19th and my attorney forwarded it to me as a PDF attachement yesterday.

I was expecting this as the skin test was not mandatory last year, but became so this year. So most of 2006 filers, not having done this last year, and have got LUD, expect this soon, or even better start contacting ur respective attornys whether they have received this.

many of the guys who got NOID, got approved after sending back a new I-693. So Iam hoping against hope.

Now off to searching for that doctor who did our medical a year back.

-Still
Click to expand...

Still,KS

My 485's have been silent after the LUDS on 25 and 26. I had not taken shots for the TB tests. My attorneys havent recieved anything yet. Is there any way I can avoid the NOID/RFE sent by USCIS by sending new medicals with a TB test.

-Zeppelin
 
Zeppelin said:
Still,KS

My 485's have been silent after the LUDS on 25 and 26. I had not taken shots for the TB tests. My attorneys havent recieved anything yet. Is there any way I can avoid the NOID/RFE sent by USCIS by sending new medicals with a TB test.

-Zeppelin
Click to expand...

Hi Zeppelin,
I'd discuss this with your attorneys. There is a school of thought wherein you could be proactive and amend your 485 with the updated medicals. On the flip side, I've read something on murthy a while ago about them recommending that applicants wait until CIS issues an RFE for missing or additional evidence before voluntarily sending in more paperwork and documentation. This suggestion wasn't centered around medicals, but if I recall, it was for any amendments, so I presume that updated medicals would be encompassed under that suggestion. The reasoning given was that it might take CIS more time to locate your case and amend it with the updated medicals.
I personally would be proactive and see if there are ways in which you could send in updated documents, but it all depends on what the attorneys recommend.
However, if your attorneys suggest that you wait, what I would do is locate the civil surgeon who did your original medicals and have them administer the TB skin test and have all that documentation ready. So if you do get an RFE, you have the prepared medicals in hand and can send it back the very same day. As I spoke to Still, given the recent surge of new AOS applications, civil surgeon appointments might be slightly more difficult to obtain immediately, so I'd try and schedule an appointment sooner than later. Just my 0.02.
 
ks_cc said:
Hi Zeppelin,
I'd discuss this with your attorneys. There is a school of thought wherein you could be proactive and amend your 485 with the updated medicals. On the flip side, I've read something on murthy a while ago about them recommending that applicants wait until CIS issues an RFE for missing or additional evidence before voluntarily sending in more paperwork and documentation. This suggestion wasn't centered around medicals, but if I recall, it was for any amendments, so I presume that updated medicals would be encompassed under that suggestion. The reasoning given was that it might take CIS more time to locate your case and amend it with the updated medicals.
I personally would be proactive and see if there are ways in which you could send in updated documents, but it all depends on what the attorneys recommend.
However, if your attorneys suggest that you wait, what I would do is locate the civil surgeon who did your original medicals and have them administer the TB skin test and have all that documentation ready. So if you do get an RFE, you have the prepared medicals in hand and can send it back the very same day. As I spoke to Still, given the recent surge of new AOS applications, civil surgeon appointments might be slightly more difficult to obtain immediately, so I'd try and schedule an appointment sooner than later. Just my 0.02.
Click to expand...

Thanks KS,
I spoke to my attorneys today morning and they suggested we wait for a NOID/RFE. They said they recieved many RFE's for their existing clients in the recent past for TB skin test. They also mentioned that we should see sporadic approvals even through August/September.
 
ks_cc said:
VS,
Congratulations on your EAD approval. Yes, you would get a different set of emails for yourself and your spouse when your AP is approved. I'd say that you should perhaps expect your AP approvals this week, but given the recent increased workload, don't be surprised if it goes into the next couple of weeks. But, I'd guess that the APs would be done this week.
Click to expand...

Thanks ks_cc,

There is another LUD change on my AP today.
 
Dilemma

Hello Folks,

ks_cc and others thanks for starting this thread and keeping it going(Radd, bless his soul). I'm in a dilemma now and luckily chanced upon this thread. So here's my situation-

Im on my sixth year H1(June '08)-have an approved labor -PD Nov '06, EB2 India- and have the I-140 pending(RD Mar '07). Due to the whole July '07 VB fiasco, Im currently eligible to file before Aug 17.

The thing is I'm currently single and am scheduled to be married on Aug 19 :) Hence would'nt be able to file the I-485 for my future spouse by the Aug deadline:(. With the threat of retrogression looming :eek: , I dont know when my PD will be current again in order to add her case. But as a blessing in disguise I found out that my wife to be,was born in a non-retro (african) country :) .

So my dilemma is this..should I file my I-485 now, and then, when my wife comes here(Sept/oct )- presuming theres EB2 retrogression for India I file her I-485 under EB2-ROW(can this be done?).and then request USCIS for a cross-chargeability for my case that point(can this be done too???)

OR

Should I wait to file my I-485 till she comes here and we both file together under EB2 -ROW(which I hope hasnt retrogressed then) using cross-chageability.

Your response will be much appreciated. Thanks in advance

Zen
 
Last edited by a moderator:
State_of_Zen said:
Hello Folks,

ks_cc and others thanks for starting this thread and keeping it going(Radd, bless his soul). I'm in a dilemma now and luckily chanced upon this thread. So here's my situation-

Im on my sixth year H1(June '08)-have an approved labor -PD Nov '06, EB2 India- and have the I-140 pending(RD Mar '07). Due to the whole July '07 VB fiasco, Im currently eligible to file before Aug 17.

The thing is I'm currently single and am scheduled to be married on Aug 19 :) Hence would'nt be able to file the I-485 for my future spouse by the Aug deadline:(. With the threat of retrogression looming :eek: , I dont know when my PD will be current again in order to add her case. But as a blessing in disguise I found out that my wife to be,was born in a non-retro (african) country :) .

So my dilemma is this..should I file my I-485 now, and then, when my wife comes here(Sept/oct )- presuming theres EB2 retrogression for India I file her I-485 under EB2-ROW(can this be done?).and then request USCIS for a cross-chargeability for my case that point(can this be done too???)

OR

Should I wait to file my I-485 till she comes here and we both file together under EB2 -ROW(which I hope hasnt retrogressed then) using cross-chageability.

Your response will be much appreciated. Thanks in advance

Zen
Click to expand...

Zen,
Welcome and glad to hear from you. I can see your dilemma here...interesting conundrum no doubt.
First off congratulations to you and your wife to be on your upcoming nuptials. The issue here is pretty much six of one and half a dozen of the other. The optimal thing would have been to keep things simple and apply for EB2-ROW right now when you file, but since you folks aren't married yet and you have until August 17th to get in the door, that leaves you with a couple of choices like you identified.
You can certainly AMEND your I-485 down the line after you get married to be EB2-ROW. Note that this will NOT be only for her, but for the both of you, that is, you as the primary applicant would be charging your country from India to the African nation of her birth. EB2 India getting retrogressed in my opinion is very likely, borderline inevitable...but with the flood of applicants this month, maybe the demand may not be that high, who knows....best bet is to get into the ROW queue. A couple of folks on this forum did amend their 485s in this manner to change the country of chargeability....and got approved too.
Congratulations...you're marrying well :)
Good luck.
 
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