Concurrent Filing - Using Cross Chargeability

radd said:
Read a meno from Mr. Kanna in this forum in Sept'05.. It was after the Oct bulletin with the retro news was released.. In his meno he talked about CC and and used an example with wife's COB - Singapore ;) to illustrate his point...

Any then started googling, checking with several lawyers including Mr. Kanna..,
and finally started this thread to learn more from pioneers.

radd
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Radd and all,

My stumbling onto the cross chargeability happened exactly the same way. I was totally disappointed when the retrogression happened and was reading the bulletin when I read about CC. I swear, I literally jumped out of my seat....then started googling like crazy. Soon enough I came across this thread you started, which has been a terrific source of knowledge dissemination and support (the others-in-the-same-boat syndrome).
The thing is, not many folks are/were aware of CC, including the company's attorneys....I did most of the groundwork and presented the artifacts so that they could learn and proceed with the concurrent filing.
 
Ok...here's another question...

Everyone,

The debate in the senate and house over the immigration bill got me wondering how long people such as ourselves, the ones who went the legal route, have been pursuing their green card process? Radd, I believe it's been 4 years or so for you? I've been at this since late 1999, switched employers a couple of times and had to restart the process over again. I went to school here for my bachelors and two masters degrees and it beguiles me that the road to the gc has taken as long as it has.
 
ks_cc said:
Everyone,

The debate in the senate and house over the immigration bill got me wondering how long people such as ourselves, the ones who went the legal route, have been pursuing their green card process? Radd, I believe it's been 4 years or so for you? I've been at this since late 1999, switched employers a couple of times and had to restart the process over again. I went to school here for my bachelors and two masters degrees and it beguiles me that the road to the gc has taken as long as it has.
Click to expand...

1999!! my sympathies to you man... you really are the longest I know. I know many from 2001 onwards.. some were stuck at LC at pbec and others started GC in 2001 then abandoned it for job changes..

I have been here since 1998.. but only started my one and only GC in 2002 after making up my mind about my family's future.

radd
 
radd said:
1999!! my sympathies to you man... you really are the longest I know. I know many from 2001 onwards.. some were stuck at LC at pbec and others started GC in 2001 then abandoned it for job changes..

I have been here since 1998.. but only started my one and only GC in 2002 after making up my mind about my family's future.

radd
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Yes, its been a long journey to be sure. I came here in 96 for school, undergrad then grad and started working. Employer filed in 1999, but then split into 4 companies, had to refile, case was on hold for a while when they were doing reorgs, yadda yadda. Finally left in 2004, went to another place, left that and got this far with my current employer. Ironically, met my wife at the first company...she still works there (shes been here since 1995)...for the company, it would have been a two-for-one deal, but they changed course in the middle of 2004 and stopped processing any GCs. You're CC country is Singapore, right? I'm using Japan...I wonder if the country being claimed has any bearing on when they process cases.
 
Yet another LUD

Hey folks,
Another LUD today for the 485 applications.
Twice in two days....had one yesterday and there is a LUD today...06/09/2006....wonder what this means....you folks just might be right...gosh I sure as heck hope so!
 
ks_cc said:
Yes, its been a long journey to be sure. I came here in 96 for school, undergrad then grad and started working. Employer filed in 1999, but then split into 4 companies, had to refile, case was on hold for a while when they were doing reorgs, yadda yadda. Finally left in 2004, went to another place, left that and got this far with my current employer. Ironically, met my wife at the first company...she still works there (shes been here since 1995)...for the company, it would have been a two-for-one deal, but they changed course in the middle of 2004 and stopped processing any GCs. You're CC country is Singapore, right? I'm using Japan...I wonder if the country being claimed has any bearing on when they process cases.
Click to expand...

I doubt about the country being a factor in processing time.. But you'll never know.. USCIS claims that all applicants and derivatives will have to undergo security check and fingerprint check but only ramdonly choosen few go through name check...

But just several days ago I read in this forum that several applicants who either studied in Russian universities or worked there.. were stuck in name check... may or may not be a coincidence..

radd
 
how do you know that the LUD has changed?

ks_cc said:
Hey folks,
Another LUD today for the 485 applications.
Twice in two days....had one yesterday and there is a LUD today...06/09/2006....wonder what this means....you folks just might be right...gosh I sure as heck hope so!
Click to expand...
ks_cc,
my heartiest congratulations on your LUDs, I think you will hear about approvals soon. So, how do u know that the LUD has changed, do you keep checking the status everyday, I believe CIS doesn't send e-mails for LUD changes.
Thanks
 
pururwa said:
ks_cc,
my heartiest congratulations on your LUDs, I think you will hear about approvals soon. So, how do u know that the LUD has changed, do you keep checking the status everyday, I believe CIS doesn't send e-mails for LUD changes.
Thanks
Click to expand...

Hi Pururwa
Well, yes and no. I'm been checking the case portfolio over the past few days to see if there has been any change on my Approved 140 message since 06/03 (Approval Notice sent back to VT as undeliverable by USPS). I've been awaiting the attorneys to call and rectify this since it goes to them and the employer and I've been checking to see if they've managed to call USCIS and the status has changed.
When i checked yesterday, the LUD of 06/08 caught my eye. I didn't think too much of it, but when I logged in this morning, the LUD changed to 06/09.
I'm keeping my fingers crossed...
 
ks_cc

when u get time, can u kindly check your doc and let me know the correct
RD and ND for you 485 application.

TIA,
 
dbins01 said:
when u get time, can u kindly check your doc and let me know the correct
RD and ND for you 485 application.

TIA,
Click to expand...
Hi Dbins
485 RD: March 24, 2006
485 ND: April 7, 2006
 
A few questions

Hi All,

My attorney said that since my H1B 6 yrs ends in Sept 2007, AP & EAD is not required. She also said that these are only required if you intend to change employer. Is this true? I always thought that 180 days after you file I485 you can change employer using AC21, and there was no connection between AC21 and AP/EAD.

She said she is going to file for my wife's AP and EAD. Also is it true that if you file for EAD then AP is also required?

Parents DOB and POB: All the info is there in their Passports as my parents never had any birth certificate. Just wondering what will I do if they ask for evidence. Just thinking ahead. Any comments/suggestions r welcome.

Thanks in advance for all your answers.

StillPatient
LC- EB2
RD: Oct 2005, AD:Jan 2006
I-140
RD: April 2006, AD:May 2006 (25 days)
I-485: Could not file concurrently as wife was away, now waiting for Attrorney to create all the paperwork, expecting to file it using CC by this month end. Will keep posting here with my dates and updates
 
...just got LUD on my 140... not sure if its good or bad since I haven't seen here anyone with LUDs before approval :eek:
 
bbking said:
...just got LUD on my 140... not sure if its good or bad since I haven't seen here anyone with LUDs before approval :eek:
Click to expand...

bbking,
Don't sweat it, more than likely its a routine process that runs and updates all LUDs...if I am not mistaken, I think I might have had a LUD or two before my 140 got approved....I don't quite remember though.
 
StillPatient said:
Hi All,

My attorney said that since my H1B 6 yrs ends in Sept 2007, AP & EAD is not required. She also said that these are only required if you intend to change employer. Is this true? I always thought that 180 days after you file I485 you can change employer using AC21, and there was no connection between AC21 and AP/EAD.

She said she is going to file for my wife's AP and EAD. Also is it true that if you file for EAD then AP is also required?

Parents DOB and POB: All the info is there in their Passports as my parents never had any birth certificate. Just wondering what will I do if they ask for evidence. Just thinking ahead. Any comments/suggestions r welcome.

Thanks in advance for all your answers.

StillPatient
LC- EB2
RD: Oct 2005, AD:Jan 2006
I-140
RD: April 2006, AD:May 2006 (25 days)
I-485: Could not file concurrently as wife was away, now waiting for Attrorney to create all the paperwork, expecting to file it using CC by this month end. Will keep posting here with my dates and updates
Click to expand...

StillPatient,

The AC21 simply allows you to switch employers if your 485 has been pending for over 180 days as you rightly pointed out.

As far as getting an EAD and AP for you is concerned, I think I may need to agree with your attorney about the EAD for you. If you have well over a year left on your H1, why bother? The EAD has a validity of a year, and if it happens that you are still awaiting a decision on your 485 by this time next year, then yes, go ahead at that time and file for EAD. At the same time, it doesn't hurt to have an EAD if you intend to accept part time employment or take a second job or start a business or something right away.

The AP is not a hard and fast requirement, but its most needed for individuals who do not have a visa endorsement on their passport despite holding a valid visa status. It saves you the trouble of going to a consulate outside the country and getting your H1 stamped on your passport. If you currently have a valid visa stamped on your passport, you don't need AP right now...maybe next year if at all.

Lastly, I don't understand why you'd need your parents' birth certificates? All you need is your wife's birth certificate, and if that certificate is not in English, you would need to get it translated/transcribed. Talk to your attorney if this is the case, since they usually know certified translators. If not, just google for them, or do it yourself if you can. Parents' DOB and POB evidence is NOT required...at least no one asked for ours and I haven't heard anyone being asked for it.

Good luck!
ks
 
bbking

if u dont hear any approvals after these LUD's for a week
check with the lawyer/employer if they got any RFE's
 
StillPatient/KC

I think if your parents are born in non-retro countries then u can apply using CC rule,then u need their birth certificates or alternatives...
 
YEHHHHHHHHHHHH, I cant believe!!!!!!!!!!!!!!!!!!

Application Type: I485, Application to Register Permanent Residence or to Adjust Status

Current Status:

On June 9, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready.
 
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