Concurrent Filing - Using Cross Chargeability

[ks_cc]

Guys,

I am yet to hear something on my I-485 application. No receipt nos yet, nor has the application been sent back. This is the 7th week since we sent it !!

I called the National customer service number and they asked me if the check was encashed by USCIS. I told them the check in NOT yet encashed. They said that they cannot give me any information from the computer if the check is not yet encashed !!


Is there a way to call Vermont Service Center and enquire where the application is based on the courier receipt (Fedex Tracking number) ??

Pls suggest....

Hello Navneet,
I'm sorry this is happening. I think the suggested course of action according to the USCIS if you have not heard anything for this long is to call Customer Service. Unfortunately, I do not believe that you can contact the VSC directly in anyway. I did some looking around, and they don't have any contact information listed, and all their contact information points to the National Customer Service number, except for a listed fax number where they entertain requests for expediting cases under certain circumstances.
If I were you I would give it until Monday, after which I would suggest using Infopass to schedule an appointment to personally meet with an immigration officer and discuss this.
Good luck & keep us posted.

 

[navneetsharma]

Thanks KS_CC. I guess I am going to do just that. Will wait till monday else will schedule an infopass apointment.

I would be speaking with my lawyer as well today to find out what they think should be out next step.

Will keep you posted.

 

[navneetsharma]

Spoke to my lawyer right now and it seems my application was sent back again, but this time from TSC. Looks like the delay was because my I-140 got trasferred to TSC, So I guess the 485/EAD applications must have been forwarded there as well. And now they sent it back.

My lawyer said that they would do some more research and see how to resend it again so as for someone to pay attention to the Cross Chargeability and accept the same. I guess I have some jinx with the mail room guys. Twice the VSC guys sent it back and this time even TSC has sent it back !!!

Thats that for now. I guess another week or two will go by before my laywer draws a plan and resends the application. Its frustrating how time is going by without anything concrete happening.

Anyways, will keep you guys posted as things move forward.

 

[hadron]

The main problem is that cross chargeability is nowhere in USCISs books. For consular processing, there are established criteria in the foreign affairs manual, USCIS kind of does it but doesn't have a policy on it.

 

[Brittany Spears]

ead approved

hi

TSC-EB2
filled using Cross-chargibility Rule
RD 05/08
ND 05/10
AP - ??
EAD - 05/31 - approved
FP -05/30
485 - Last LUD - 05/31
140 - ??

Can you tell me when i will officially get my EAD cards at home...I mean to ask how many days does it take to recieve it...
Also how much time does it take to get I140 approved

I m so happy ...got my ead approved ina months time....

thanks

 

[pururwa]

hi

TSC-EB2
filled using Cross-chargibility Rule
RD 05/08
ND 05/10
AP - ??
EAD - 05/31 - approved
FP -05/30
485 - Last LUD - 05/31
140 - ??

Can you tell me when i will officially get my EAD cards at home...I mean to ask how many days does it take to recieve it...
Also how much time does it take to get I140 approved

I m so happy ...got my ead approved ina months time....

thanks

typically you get EAD cards in about a week. I-140 is taking about month and a half to two months at TSC.

 

[radd]

Spoke to my lawyer right now and it seems my application was sent back again, but this time from TSC. Looks like the delay was because my I-140 got trasferred to TSC, So I guess the 485/EAD applications must have been forwarded there as well. And now they sent it back.

My lawyer said that they would do some more research and see how to resend it again so as for someone to pay attention to the Cross Chargeability and accept the same. I guess I have some jinx with the mail room guys. Twice the VSC guys sent it back and this time even TSC has sent it back !!!

Thats that for now. I guess another week or two will go by before my laywer draws a plan and resends the application. Its frustrating how time is going by without anything concrete happening.

Anyways, will keep you guys posted as things move forward.

I'm sorry about your application. Can you give more details about your case? Are you sure you are EB2? Something is wrong somewhere...

I remember that you mentioned that the application was addressed to the supervisor and I'm suprised that it got rejected even then.. I would suggest you consult someone else too regarding this.. Maybe try calling UN and see if he can help you. (he did my CC applications).

good luck,
radd

 

[ks_cc]

Spoke to my lawyer right now and it seems my application was sent back again, but this time from TSC. Looks like the delay was because my I-140 got trasferred to TSC, So I guess the 485/EAD applications must have been forwarded there as well. And now they sent it back.

My lawyer said that they would do some more research and see how to resend it again so as for someone to pay attention to the Cross Chargeability and accept the same. I guess I have some jinx with the mail room guys. Twice the VSC guys sent it back and this time even TSC has sent it back !!!

Thats that for now. I guess another week or two will go by before my laywer draws a plan and resends the application. Its frustrating how time is going by without anything concrete happening.

Anyways, will keep you guys posted as things move forward.

Navneet,
This is unfortunate. I believe the application was sent back primarily because the case got moved from the VSC to the TSC, where the CC got ignored.
When the attorney sends it back to the TSC, I would suggest you have them demarcate the package to the attention of a Supervisor, and also reference the Cross Chargeability law in their cover letter with the section number of the INA...Sections 202(b)(1) and (2) of the Immigration and Nationality Act.
GOOD LUCK and hang in there.

 

[ks_cc]

radd,ks and others..

My company is facing a potential takeover in the market over the next few mths.

What do you think will the impact be to

Approved AP (will travel be impacted)
Approved 140
485 application (still have a few mths before AC21 can kick in)

Any leads you all can provide will be appreciated.

Overboard,

Check with your filing attorneys, but I think you're all set.

I found this online:
When a company becomes a legal successor-in-interest to the rights and obligations of another company, the second company may also assume the rights and responsibilities related to the pending I-140's held by the first. Whereas the I-140 is filed by an employer as the "petitioner", the I-485 is filed by you as the "applicant." Thus, what should (and may) have happened is that the attorney filed the appropriate documentation to show that the petition was approved on the basis of your employment with Company A, but that subsequently Company B had become a successor-in-interest to this company. If this was done correctly, there should be no problem with the processing of your I-485 as long as you now intend to be employed in the permanent position now with Company B.

 

[navneetsharma]

I'm sorry about your application. Can you give more details about your case? Are you sure you are EB2? Something is wrong somewhere...

I remember that you mentioned that the application was addressed to the supervisor and I'm suprised that it got rejected even then.. I would suggest you consult someone else too regarding this.. Maybe try calling UN and see if he can help you. (he did my CC applications).

good luck,
radd

Radd.. my case is clearly EB2. My I-140 got approved on May 22nd. the application was definitely addressed to the supervisor, but I guess once it got trasferred to TSC, some goof up has happened.

Who is UN and how do I reach him ?

 

[navneetsharma]

Navneet,
This is unfortunate. I believe the application was sent back primarily because the case got moved from the VSC to the TSC, where the CC got ignored.
When the attorney sends it back to the TSC, I would suggest you have them demarcate the package to the attention of a Supervisor, and also reference the Cross Chargeability law in their cover letter with the section number of the INA...Sections 202(b)(1) and (2) of the Immigration and Nationality Act.
GOOD LUCK and hang in there.

It truly is unfortunate. This time when the attorney sends the application again to TSC, I will try and make sure that any and everything related to CC is mentioned. Will keep you posted.

Thanks for all the support buddy.

 

[radd]

Radd.. my case is clearly EB2. My I-140 got approved on May 22nd. the application was definitely addressed to the supervisor, but I guess once it got trasferred to TSC, some goof up has happened.

Who is UN and how do I reach him ?

If you are clear that your case is Eb2 then... I guess it is a matter of luck.. get your lawyer to attention it to the supervisor in TSC.. and as KS mentioned attach all relevent CC doc to your filings.. By the way.. if you don't mind, who is your lawyer?

United Nation (UN) is a user here in this forum. You can find most of his posts in the I140 threads.. The 'ability to pay' thread in the I140 section was started and is maintained by him.. If you browse that thread, you will come accross his posts and he has his contact info there..

good luck,
radd

 

[navneetsharma]

If you are clear that your case is Eb2 then... I guess it is a matter of luck.. get your lawyer to attention it to the supervisor in TSC.. and as KS mentioned attach all relevent CC doc to your filings.. By the way.. if you don't mind, who is your lawyer?

United Nation (UN) is a user here in this forum. You can find most of his posts in the I140 threads.. The 'ability to pay' thread in the I140 section was started and is maintained by him.. If you browse that thread, you will come accross his posts and he has his contact info there..

good luck,
radd

It truly seems a matter of luck..My layer is Paul Rajan in NJ. I will get in touch with UN and see what help I can get. Thanks buddy.

 

[vikram77]

Hey All

I've been reading this thread for the past couple of hours and it is def the highest concentration of info about cc I can find.

First of all, Navneet, hope your luck changes.

I just got my labor on 5/15 and was about to file for the 140 when a colleage mentioned the cc clause. My wife was born in a non retro country and I/we had no idea about the existence of the provision. I just about stopped my attorney from filing the 140 and asked about this and now she's doing the concurrent filing.

Anyway, from the forum, it seems like cc cases arent a sure thing. I didnt find anyone talk much about the consular processing method. If cc cases are 100% lawful in the CP way of doing things, isnt that a better idea altogether? What does CP involve and howcome none of you guys went that route?

Thanks
vik

 

[radd]

Hey All

I've been reading this thread for the past couple of hours and it is def the highest concentration of info about cc I can find.

First of all, Navneet, hope your luck changes.

I just got my labor on 5/15 and was about to file for the 140 when a colleage mentioned the cc clause. My wife was born in a non retro country and I/we had no idea about the existence of the provision. I just about stopped my attorney from filing the 140 and asked about this and now she's doing the concurrent filing.

Anyway, from the forum, it seems like cc cases arent a sure thing. I didnt find anyone talk much about the consular processing method. If cc cases are 100% lawful in the CP way of doing things, isnt that a better idea altogether? What does CP involve and howcome none of you guys went that route?

Thanks
vik

Hi Vikram,

Firstly, CC is not an unsure thing. It may depend on luck to get through the mailroom.. but once you get through everything is clear from there. Navneet's unfortunate luck is now because of the transfer of files to TSC.. I think that if they had processed in VSC .. they would have accepted his application this time round..

Anyway.. if you go through the CP way.. you would not be able to get EADs and APs.. And also you will not know when your case will be processed.. if I am not wrong.. there is a queue here in US and another in the US embassy of your homeland.. Also, I've read in the past that the interview is pretty scary too. (browse the CP thread and you will get a feel of it) Anyway, I feel that CP is more appropriate if you are in your homeland awaiting employment from your sponsoring co.

On the other hand, with AOS, nowadays, the processing period is very quick..( provided there are no name checks pending).. You will also get the benefit of APs and EADs..

There is really no right or wrong way.. It really depends on want you want.. I wanted the benefit of the EAD and noticed that approvals were taking about 6 mths at the time of my filing.. Now seems like it's even faster..

good luck with choosing..
radd

 

[vikram77]

Yeah I guess you're right radd. We're expecting our first child in December and wont/cant travel before anyway. That and the argument you made sure make sense going ahead with cc.

We're waiting on my wife's birth certificate - will apply as soon as we can. Will keep posting... Thanks again everyone for all the information.

 

[ks_cc]

140 approval

Radd et al,

Did anyone receive their 140 approval notices? I got an email from USCIS today saying that the post office sent my 140 approval back to VT since it was undeliverable. Totally bizarre. Our EAD cards made it through, but the 140 approval notice was sent back. I guess the 797s have a 'Do Not Forward' on it.

What is irritating is that I had emailed the attorneys a couple of months ago and requested they call USCIS to record the change of our address. Apparently they forgot. Did you know that an employee, rather, a person being petitioned for 140 cannot call and change their own address, but the employer (petitioner) has to be the one calling?

Anyway...this never ends...I thought that we got the EAD cards, the 140 was approved, and we even got the AP documents...and now this. Its just frustrating.

 

[ks_cc]

Yeah I guess you're right radd. We're expecting our first child in December and wont/cant travel before anyway. That and the argument you made sure make sense going ahead with cc.

We're waiting on my wife's birth certificate - will apply as soon as we can. Will keep posting... Thanks again everyone for all the information.

Vikram,
Congratulations on the baby! My wife and I had our first child on May 3rd, this past month, which was also coincidentally our 3rd wedding anniversary. Not only that, but a week after she was born, we received rapid fire approval emails from the USCIS
Y'know, if there's one thing we take heart in, its the fact that our kids (born here) won't have to go through this long and arduous path to residency & eventual citizenship.

 

[radd]

Vikram,
Congratulations on the baby! My wife and I had our first child on May 3rd, this past month, which was also coincidentally our 3rd wedding anniversary. Not only that, but a week after she was born, we received rapid fire approval emails from the USCIS
Y'know, if there's one thing we take heart in, its the fact that our kids (born here) won't have to go through this long and arduous path to residency & eventual citizenship.

Congrats KS and Vikram on the babies..

KS,
I140 approval goes to the employer and if you used a lawyer the lawyer too.. My employer received my I140 approval and told me about it over last weekend. Faxed me a copy too.

If the I140 approval was returned, it must have been from your employer's office, not from your home add. Check with your employer and the post office near the office .. I had a similar problem with my I140 Receipt Notice. It was sent back because a new postman was handling the mails that day and couldn't see the office sign on the mailbox!!! Get your employer to call NCS and tell them to resend the approval..

Yeap.. I140 is employer application and you cannot call to enquire about anything related to that..

radd

 

[ks_cc]

Congrats KS and Vikram on the babies..

KS,
I140 approval goes to the employer and if you used a lawyer the lawyer too.. My employer received my I140 approval and told me about it over last weekend. Faxed me a copy too.

If the I140 approval was returned, it must have been from your employer's office, not from your home add. Check with your employer and the post office near the office .. I had a similar problem with my I140 Receipt Notice. It was sent back because a new postman was handling the mails that day and couldn't see the office sign on the mailbox!!! Get your employer to call NCS and tell them to resend the approval..

Yeap.. I140 is employer application and you cannot call to enquire about anything related to that..

radd

Radd,
You rock! Good to know. I'll ping my employer and the attorneys.
Thanks bud
ks