Concurrent Filing - Using Cross Chargeability

ks_cc said:
DD,
I am not sure how it would convolute the case, but since you'd be the applicant, I don't think it matters, but I could be wrong on this one. I'd get verification from the filing attorney.
More importantly, I am not sure if the CC encompasses fiancees. From what I know, its got to be either a spouse or parent. Again, I might be incorrect...I'll dig around and see what I can come up with.
Best
ks

Thanks for the reply Ks. Yes i plan to discuss this with my companys lawyer, prior to actual concurrent filing for 485/140 we plan to get married here.
i just hope that having no paystubs on her h1b does not complicate anything. or that a "very close" marriage date to that of the actual filing opens up anything questions for my case? any thoughts?

DD
 
DD_guy_here said:
Thanks for the reply Ks. Yes i plan to discuss this with my companys lawyer, prior to actual concurrent filing for 485/140 we plan to get married here.
i just hope that having no paystubs on her h1b does not complicate anything. or that a "very close" marriage date to that of the actual filing opens up anything questions for my case? any thoughts?

DD
I don't think it would be an issue as far as the marriage goes, but if it were me, I'd get married well in advance. As long as you have proof of marriage, such as a marriage certificate from the state, you should be good to go. As a matter of fact, marriage cert is required.
As far as the paystubs go, or lack of it thereof, perhaps you could get your fiancee's employer to issue a letter explaining the gap, such as, perhaps she was on vacation(?) A gap in employment on a H1 isnt usually a good thing unless you can prove the reason. Was she out of the country? Was she unable to work due to circumstances? Was she unable to work because she was out of a project (if she is a consultant?)...my point is, you need to be abl e to answer these questions...else you'd end up with an RFE.
Just curious...is her employer not doing her labor? Is that why you're going down the CC route? I mean, if her PD is current, which since you're using CC, I assume it is, then why not just get her to file the GC and have you be the spousal beneficiary as a secondary applicant?
 
navneetsharma said:
Hey guys,

I am glad to inform that I am back in the game. My applications (485/EAD/AP) finally got accepted under Cross-Chargeability.

Remember my application was being sent back each time (3 times). My lawyers actually moved the AILA Chapter to help in my case and they in turn helped by contacting TSC and got my file accepted. The checks got encashed yesterday and the receipt nos were on the back of the check. The status shows that my applications were received on July 12th.

Now I hope everything goes smooth from this time on.

Cheers!
Navneet


Congrats Navneet...finally!! Now just waiit for your FP appointment..

all the best..
radd
 
ks_cc said:
I don't think it would be an issue as far as the marriage goes, but if it were me, I'd get married well in advance. As long as you have proof of marriage, such as a marriage certificate from the state, you should be good to go. As a matter of fact, marriage cert is required.
As far as the paystubs go, or lack of it thereof, perhaps you could get your fiancee's employer to issue a letter explaining the gap, such as, perhaps she was on vacation(?) A gap in employment on a H1 isnt usually a good thing unless you can prove the reason. Was she out of the country? Was she unable to work due to circumstances? Was she unable to work because she was out of a project (if she is a consultant?)...my point is, you need to be abl e to answer these questions...else you'd end up with an RFE.
Just curious...is her employer not doing her labor? Is that why you're going down the CC route? I mean, if her PD is current, which since you're using CC, I assume it is, then why not just get her to file the GC and have you be the spousal beneficiary as a secondary applicant?

Hello Ks:
Actually her h1b is applied via my current company, but she was able to use that for 1 to 2 months in US, and then due to personal reasons in her family she had to go back . And even before we got to a point where we decided to go ahead and plan to get married, i had filed for my PERM-labor with my employer, which got approved just this month July.
so with this scenario, i was planning to use the CC. i am not aware of any other way at the moment. if i were to be her spousal beneficiary, then doesn't she need to get a labor approval..?. Which would mean her h1b company applying for a PERM ..right? i am just thinking this cud take more time....i dont know.
This is a really helpful discussion with your inputs.

DD
 
DD_guy_here said:
Thanks for the reply Ks. Yes i plan to discuss this with my companys lawyer, prior to actual concurrent filing for 485/140 we plan to get married here.
i just hope that having no paystubs on her h1b does not complicate anything. or that a "very close" marriage date to that of the actual filing opens up anything questions for my case? any thoughts?

DD

Shouldn't be anything to worry about as you are the main applicant, I think. As you mentioned that she was out of country.. it's a no pay leave.. They will scrutinize your applcation.. and as long as she did not have illegal presence in US, you should be find. But check with your lawyer as what KS said..

about your marriage, try filing about a month or so later than marriage.. just to have peace of mind..USCIS might look into the weirdest details..

Also, do you know that you can add on the vacation period back to your H1 at the next renewal.. :) .. Hopefully, you would have filed and gotten your GC by then and wouldn't be extending..

good luck,
radd
 
DD_guy_here said:
Hello Ks:
Actually her h1b is applied via my current company, but she was able to use that for 1 to 2 months in US, and then due to personal reasons in her family she had to go back . And even before we got to a point where we decided to go ahead and plan to get married, i had filed for my PERM-labor with my employer, which got approved just this month July.
so with this scenario, i was planning to use the CC. i am not aware of any other way at the moment. if i were to be her spousal beneficiary, then doesn't she need to get a labor approval..?. Which would mean her h1b company applying for a PERM ..right? i am just thinking this cud take more time....i dont know.
This is a really helpful discussion with your inputs.

DD


mmm.. you need to read this thread from the begining. :) That the beauty of CC.. You are the main applicant.. but using your spouse's birth country's quota to charge your I485... Your wife can be on any legal status in order for you to benefit from CC.. eg.. H4, H1, F1 etc.. You will need the approved labor to file.. she is just a derivative.. she gets a free ride with your LC and I140..
 
vikram77 said:
Hey StillPatient

I'm in the same situation pretty much. Filed about a week ago, dont have the luxury of knowing if the checks were cashed since the attorney's doing that bit, and am waiting for the receipts.

Good luck,
vikram
Called up my attorney today, got to know that our(me & my wife's) yesterday(13th July). Said that the receipt notice can be expected in 10-12 working days.

Lets see what happens.

-StillPatient
 
A few thoughts/questions

After getting the receipt notice for 485 I will get a separate notice for Biometrics?

If yes then approx. how long after 485 receipt notice?

What does it mean "getting xfered to local centers"? Is it applicable at all to CC?

Any interview at local offices, that I should expect, or was it part of the old method?

Also I forgot to mention in my earlier post that my 485 was filed in TSC.
(My 140 got filed in NSC because of the April 1st rule, but got xferred & approved from TSC)

Thanks in advance as usual.

-StillPatient
 
StillPatient said:
After getting the receipt notice for 485 I will get a separate notice for Biometrics?

If yes then approx. how long after 485 receipt notice?

What does it mean "getting xfered to local centers"? Is it applicable at all to CC?

Any interview at local offices, that I should expect, or was it part of the old method?

Also I forgot to mention in my earlier post that my 485 was filed in TSC.
(My 140 got filed in NSC because of the April 1st rule, but got xferred & approved from TSC)

Thanks in advance as usual.

-StillPatient

StillPatient,
Yes, you should expect a different appointment notice letter for the Biometrics. Expect this letter to follow two to three weeks after the 485 receipt notice, maybe sooner, so keep an eye out for it.
Transferring to local offices, from what I know, is not specific to Cross Chargeability, and as far as interviews go, I believe that interviews are the luck of the draw. From what I can tell, no one on this forum, or other forums of late, have reported being called in for an interview.
Good luck
ks
 
radd said:
mmm.. you need to read this thread from the begining. :) That the beauty of CC.. You are the main applicant.. but using your spouse's birth country's quota to charge your I485... Your wife can be on any legal status in order for you to benefit from CC.. eg.. H4, H1, F1 etc.. You will need the approved labor to file.. she is just a derivative.. she gets a free ride with your LC and I140..

Radd and Ks:
Thank you for your valuable information. as suggested i sat this weekend reading thru this thread from the beginning and i am going to discuss this option with my lawyer- just to re-iterate and get some feedback from you, this is what i am planning to do and discuss with my lawyer:

i already have my labor approved for Eb2 this july
going forward, we plan to get married, certificate of marriage etc in august.
following which (maybe a month later) i will apply for the i140/485 under her visa category.- (it s non-retrogressed).

I am unsure if centres like VSC or TSC are allocated radomly. my company is based in NJ.

I will post further after discussion with my companys lawyer.

DD
 
DD_guy_here said:
Radd and Ks:
Thank you for your valuable information. as suggested i sat this weekend reading thru this thread from the beginning and i am going to discuss this option with my lawyer- just to re-iterate and get some feedback from you, this is what i am planning to do and discuss with my lawyer:

i already have my labor approved for Eb2 this july
going forward, we plan to get married, certificate of marriage etc in august.
following which (maybe a month later) i will apply for the i140/485 under her visa category.- (it s non-retrogressed).

I am unsure if centres like VSC or TSC are allocated radomly. my company is based in NJ.

I will post further after discussion with my companys lawyer.

DD

DD, good luck and keep us posted. As far as processing centers go, they are not allocated at random. The state of NJ falls under the jurisdiction of St. Albans, VT; however, all 485 applications filed after April 1st 2006 are being redirected to the NSC. Thats where your 485 would most likely end up going to. Read on bi-specialization...I think thats what its called.
Also note that there have been rumblings of being able to file 140 in premium processing. I dont know if thats been implemented or not, but since you're still a month or two away, you might be able to avail of this facility...check on that.
 
DD,

One other thing we keep hearing abt is that they are going to stop concurrent filing of 140/485..

The sooner you get married and get the process rolling the better ;)
 
overboard said:
DD,

One other thing we keep hearing abt is that they are going to stop concurrent filing of 140/485..

The sooner you get married and get the process rolling the better ;)


In which case again like KS mentioned you can use the premium processing..

So stay tuned with your lawyer...
 
DD_guy_here said:
Radd and Ks:
Thank you for your valuable information. as suggested i sat this weekend reading thru this thread from the beginning and i am going to discuss this option with my lawyer- just to re-iterate and get some feedback from you, this is what i am planning to do and discuss with my lawyer:

i already have my labor approved for Eb2 this july
going forward, we plan to get married, certificate of marriage etc in august.
following which (maybe a month later) i will apply for the i140/485 under her visa category.- (it s non-retrogressed).

I am unsure if centres like VSC or TSC are allocated radomly. my company is based in NJ.

I will post further after discussion with my companys lawyer.

DD

Just a thought.. you don't have to wait till later to file I140... You can file I140 now and when you are ready file I485 using CC.. By then I140 should be approved..

radd
 
Do you guys remember the salary amount on I-140 ?

Guys,
My I-140 FD has become current and I am getting very anxious about receiving the much anticipated approval soon. Just remembered that my attorney put yearly salary on I-140 section 6 while it asks for weekly salary. Do you guys remember what your lawyers did? Do you see any issues with yearly salary? Some of you guys have filed recently only so you may remember,
Thanks
 
NO! It doesn't apply to us.

ks_cc said:
Does this even apply to us? Our chargeable countries are different thanks to CC, isn't that correct?
It only applies to people whose country of chargeability is India.
 
radd said:
correct.. this should not affect our applications....
Yeah, I didn't think so, but needed independent confirmation...kind of freaked me out. Really sucks for these folks.
 
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