Concurrent Filing - Using Cross Chargeability

Vikram,

Basically you are going through the same case as mine. If this is the first time you have gotten the application back, I would suggest you have your lawyer resend it with the Cross Chargeability cover letter etc. Sometimes they get accepted the second time around. You can address the application to the Supervisor.

If the second time around the application comes back again, then you can ask your lawyer to contact the AILA liasion for NSC. The AILA liasion will then take up your case with the service center and get the job done. In fact, In my case the notice date has come as July 12th, and the receipt date is May 10th, which was the time when the first time the application was sent to TSC. What I am trying to say is they gave a back dated receipt date as well, as it was an error from their side to return the applications. The AILA liaison got the application receipt done for the same date that it was first received by TSC 2 months back.

Hope your job gets done. Let me know if you need any info from my end.

Cheers!
Navneet
 
navneetsharma said:
Vikram,

Basically you are going through the same case as mine. If this is the first time you have gotten the application back, I would suggest you have your lawyer resend it with the Cross Chargeability cover letter etc. Sometimes they get accepted the second time around. You can address the application to the Supervisor.

If the second time around the application comes back again, then you can ask your lawyer to contact the AILA liasion for NSC. The AILA liasion will then take up your case with the service center and get the job done. In fact, In my case the notice date has come as July 12th, and the receipt date is May 10th, which was the time when the first time the application was sent to TSC. What I am trying to say is they gave a back dated receipt date as well, as it was an error from their side to return the applications. The AILA liaison got the application receipt done for the same date that it was first received by TSC 2 months back.

Hope your job gets done. Let me know if you need any info from my end.

Cheers!
Navneet
Click to expand...

Hey Navneet, guys

I just spoke to the attorney. My wife's H1 is pending for this year and we just got an RFE on it so its not approved yet. Apparently, since I'm using her country of chargeability for the 485 and she does not have a confirmed status after Oct 1 (yet), USCIS cannot do the cc thing to accept the applications. It sort of makes sense but have any of you heard of this? Is this a valid reason for not taking the application?

Thanks
vikram
 
NO, I don't think this is a valid reason!

vikram77 said:
Hey Navneet, guys

I just spoke to the attorney. My wife's H1 is pending for this year and we just got an RFE on it so its not approved yet. Apparently, since I'm using her country of chargeability for the 485 and she does not have a confirmed status after Oct 1 (yet), USCIS cannot do the cc thing to accept the applications. It sort of makes sense but have any of you heard of this? Is this a valid reason for not taking the application?

Thanks
vikram
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Your wife is on a valid status of H4 until she gets a new H-1. So, as far as CC is concerned she is on a valid non-immigrant status.
 
pururwa said:
Your wife is on a valid status of H4 until she gets a new H-1. So, as far as CC is concerned she is on a valid non-immigrant status.
Click to expand...

She's on her OPT from her Master's which ends last day of Sep. Her H1 would start on the next day, if all went/goes well. She's not on an H4.

vikram
 
vikram77 said:
She's on her OPT from her Master's which ends last day of Sep. Her H1 would start on the next day, if all went/goes well. She's not on an H4.

vikram
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Vikram,
I'm very sorry that you're having a hard time with the application process. As one who has been through just that (accepted on the second go around), I fully understand how frustrating and agonizing this is. Keep the faith, and I'm certain that if you follow Navneet's path, things should go well hereonforth.
As far as your wife is concerned, OPT is a legal status. She is not out of status, nor has she jumped a fence to get here. In my opinion (and mine alone), it does not matter is she's on an H type visa, an F-1, or a J-1. She is residing here legally. Period, end of story. You should be able to use her country of chargeability regardless.
 
Thanks ks. Yeah I shouldn't really be complaining - as it is, cc is allowing us to get way way ahead of people who've been doing this much longer and harder. I'll write up the text of the actual letter saying why they sent it back here as soon as my oh-so-efficient attorney decides to let me have it.
 
vikram77 said:
Thanks ks. Yeah I shouldn't really be complaining - as it is, cc is allowing us to get way way ahead of people who've been doing this much longer and harder. I'll write up the text of the actual letter saying why they sent it back here as soon as my oh-so-efficient attorney decides to let me have it.
Click to expand...
Vikram, in my experience, it is prudent to take the path of least resistance and do some groundwork for the lawyer yourself. Not all attorneys are aware of the cross chargeability. I know mine wasn't. This isn't to judge an attorney's competence level. Immigration laws are vast and complex as everyone is well aware, so its not theoretically plausible to expect everyone to know every nuance. So, when you prepare a case essentially on behalf of your lawyer, do include a draft of the cover letter, and explicitly state the articles which you are referring to, example: Section 202 (a)(b) of the INA...make it as professional and as you can.
 
you are good to refile using CC

vikram77 said:
She's on her OPT from her Master's which ends last day of Sep. Her H1 would start on the next day, if all went/goes well. She's not on an H4.

vikram
Click to expand...
even OPT is a valid status, you are ok as long as she is on some valid non-immigrant status.
 
vikram77 said:
She's on her OPT from her Master's which ends last day of Sep. Her H1 would start on the next day, if all went/goes well. She's not on an H4.

vikram
Click to expand...

I don't think it is a valid reason to reject the application.. She is on valid status right now and why are they concerned about what might happen a few months down the road??!!

However.. if I'm not mistaken, your wife's H1 will not start on Oct 1.. It starts from the day they approve... which could be any day after Oct 1 (start of fiscal year)... If it is not on Oct 1st.. she may be out of status for that period of time.. Check with lawyer or anyone reliable on this.. maybe this forum ..

Anyway... try talking to lawyer again.. and see what they are planning to do.
Probablly attaching the receipt of her H1 might help..

good luck and keep us posted..
radd
 
Hey Guys, here it is.

The attorney made a mistake. First she told us the reason for rejection was the fact that my wife did not have a guaranteed continuation of status (something like that). That's when I posted the message. Spoke to her later and she backtracked saying that the 485 rejection had nothing to do with the H1 and that it was rejected wrongfully - as we have come to commonly accept.

Anyway, the H1 RFE is asking for documentation proving her validity of status till Oct1 - which is strange because her OPT EAD card cleary states the same (we suspect the attorney didnt send a copy of the card).

As for the 485, it's just going to have to follow the the usual send-resend scheme of things.

Also, my 140 which had a ND of 7/12 got an LUD today - 7/24.

Thanks for all your inputs guys,
vikram
 
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overboard said:
I recommend you apply for your/spouse EAD/AP with the 485 application. It will give your wife an option to work on EAD in case you run into issues with the h1/out of status.
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Good point overboard....Vikram, definitely go this route...who knows, maybe you both shall get the green cards before the EAD is up for renewal.
 
ks_cc said:
Good point overboard....Vikram, definitely go this route...who knows, maybe you both shall get the green cards before the EAD is up for renewal.
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Yes, the applications had EAD/AP/485 for the both of us. I have been reading this forum to make sure that's how we went :D.
 
Guys,

Just checked the online status and the EAD for myself and my wife is approved today. The message reads as -

" On July 24, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready "

Cheers!
Navneet
 
navneetsharma said:
Guys,

Just checked the online status and the EAD for myself and my wife is approved today. The message reads as -

" On July 24, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready "

Cheers!
Navneet
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Navneet..thats just awesome...congratulations! Been a long time coming.
 
Rfe?

Hey folks

I got an automated email from USCIS this morning. This one is for my wife's I-485 which showed a LUD last week. The LUD got updated with today's date and the message says:

Receipt Number: EACXXXXXXXXXX

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

Current Status:

On July 26, 2006, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 30 days have passed and you have not received the notice. Please contact the service center where you submitted your application during business hours.

I assume this is the RFE?
 
KS,

This is definitely an RFE. Did your wife complete her medical when you submitted the application (some women have to skip the shots as they are pregnant and cant take it at that time) ?

-Navneet
 
Both me and my wife had two LUD's in the last two days on our 485. We are yet to do our biometrics this saturday 7/29. Wonder what its all about.
 
hey,
I too received an RFE with the same message..Mine was for our medical to be submitted as I didnt submit one while applyign for I 485...It took 5 working days to receive the RFE at my lawyers office.WE replied to their RFE and they received it on 24th july and I had a last LUD of 25th july.....LEts hope fo the best now.








ks_cc said:
Hey folks

I got an automated email from USCIS this morning. This one is for my wife's I-485 which showed a LUD last week. The LUD got updated with today's date and the message says:

Receipt Number: EACXXXXXXXXXX

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

Current Status:

On July 26, 2006, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 30 days have passed and you have not received the notice. Please contact the service center where you submitted your application during business hours.

I assume this is the RFE?
Click to expand...
 
navneetsharma said:
KS,

This is definitely an RFE. Did your wife complete her medical when you submitted the application (some women have to skip the shots as they are pregnant and cant take it at that time) ?

-Navneet
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Hi Navneet,
Yup, she was up to date on her shots when we went in for the medical. I'm hoping its something trivial.
 
My receipt notices and Bio appo.

Recd. the Receipt notices for my 485 and my spouses 485/EAD/AP.

RD: 07/17/2006, ND: 07/18/2006 for all.

Got them as PDF attachments from my attorney.

Returned home to find the biometrics appo in my mail!

After registering all of these at the USCIS WebSite, saw an LUD on all of 07/21/2006, must be the date they sent out the bio appo letters, just a wild guess.

On the whole was a great day!

Any advice/suggestions for the biometrics appo are welcome.

Thanks in advance.
-StillPatient
 
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