Concurrent Filing - Using Cross Chargeability

StillPatient said:
Hi all,

I got an RFE on my 485.

Any guess guys wht it could be?

My wifes 485 LUD also changed to 08/01/2006, but the message did not change.

Waiting for the letter to come, so that I get to know the details.

Attorney said the letter will come to them, but they might by mistake send it to me.

-StillPatient
Click to expand...
Hi StillPatient,
Boy, looks like your applications are moving at light speed. I guess welcome to the RFE club. Since its so close since your biometrics, I presume it might be biometrics related, but thats pure speculation on my part.

Since the RFE on my wife's application last week (RFE sent July 26), I've googled this pretty extensively and like BrittanySpears pointed out, the RFE would more than likely go to the attorney. I also tried to find the most common reasons that an RFE is issued and unfortunately there is no clear commonality. Things are all over the board, from request for W2s, to marriage certificates, to birth certificates.

Since you are the primary applicant, and the RFE is on your 485, I'd venture to guess that it might be proof of employer intent or something like that, perhaps W2, paystubs, blah blah. Who knows? I am still in the dark about what the RFE for my wife's case is about and shall post it as soon as I get word. On the bright side, at least someone is looking at the case rather than have it be in a box.
 
Stillpatient - they seem to have shot a querry too early in your case. I had mentioned earlier that usually it is related to medical, but in KS's case the medical was done clean (including all shots taken) before they submitted the application.

I am wondering what the querry would be, but I guess you have to wait for it just as KS. Hopefully it will be trivial itself for both you and KS.

Anyone else reporting any LUD's, approvals etc or any kind of progress ?
 
Concurrent Filing (I140 & I785(EAD))

My Labor just approved,

My question is..
Can i Concurrent Filing (I140 & I785 (EAD)) ?. I need to have my EAD ASAP. What are the possible way to make it faster ?. What is the processing time as per the current status ?

Thanks
 
gc_pain_ca said:
My Labor just approved,

My question is..
Can i Concurrent Filing (I140 & I785 (EAD)) ?. I need to have my EAD ASAP. What are the possible way to make it faster ?. What is the processing time as per the current status ?

Thanks
Click to expand...
gc_pain_ca,

First off, there is nothing that stops you from filing for your I-140. The 140 is not dependent on any visa date availability.
However, you cannot file for I-765 (EAD) or I-485 (Adjustment of Status to Permanent Resident) until your visa dates are current and available. This goes by country and your EB category. What is your EB category? Do you know if your country is subject to the prevailing retrogression. Retrogression means that visa numbers are unavailable for your country and you cannot file for 485, nor the EAD until they are. And unfortunately, all things being equal, there is no possible way to make these things faster...if only we could.
There might be a new premium processing for 140 coming up, but that won't get you your EAD.
 
Is it possible?

I have a pending EB3 I-140 application with PD 03/2002. My spouse have a pending EB2 I-140 application with PD 07/2006.

For both category, our priority date is not current. EB2 is current 03/2005 and EB3 is 10/2001.

Suppose/hope both case get approved in the near future, does anybody know whether we can file I-485 application based on my spouse's EB2 I-140 and my EB3 I-140 PD?

Thanks...
 
nylc4yr said:
I have a pending EB3 I-140 application with PD 03/2002. My spouse have a pending EB2 I-140 application with PD 07/2006.

For both category, our priority date is not current. EB2 is current 03/2005 and EB3 is 10/2001.

Suppose/hope both case get approved in the near future, does anybody know whether we can file I-485 application based on my spouse's EB2 I-140 and my EB3 I-140 PD?

Thanks...
Click to expand...
Hi nylc4yr,
I don't think its possible to simply substitute labor priority dates, even between spouses. I believe you need to substitute the entire labor itself, but I dont see why you'd want to go that route.
Just have her file 485 when her PD is current, and get on her application as a derivative, thereby begetting you the EAD, and you'd be able to keep working on the EAD.
 
What is your category EB2 or EB3 and what is your PD and which country you are from?
If you are from INDIA, your category is
1. EB3 and PD bfore 2001 April 1st you are good and you can apply concurrently.
2. EB2 and your PD is before April 1st 2001, you can still apply concurrently by applying two I-140's one for EB3 and one for EB2 to make eligible to file for I485. read more about this at www.immigration-law.com.
3. EB2 and your PD is after April1st 2001 you cannot apply concurrently but just apply for I140 now and apply for I485 most probably by October1st 2006. Or if you are lucky if DOS issues new visa bulletin with EB2 dates you can apply from September 1st.

GOOD LUCK

gc_pain_ca said:
My Labor just approved,

My question is..
Can i Concurrent Filing (I140 & I785 (EAD)) ?. I need to have my EAD ASAP. What are the possible way to make it faster ?. What is the processing time as per the current status ?

Thanks
Click to expand...
 
ks_cc said:
Hi StillPatient,
Boy, looks like your applications are moving at light speed. I guess welcome to the RFE club. Since its so close since your biometrics, I presume it might be biometrics related, but thats pure speculation on my part.

Since the RFE on my wife's application last week (RFE sent July 26), I've googled this pretty extensively and like BrittanySpears pointed out, the RFE would more than likely go to the attorney. I also tried to find the most common reasons that an RFE is issued and unfortunately there is no clear commonality. Things are all over the board, from request for W2s, to marriage certificates, to birth certificates.

Since you are the primary applicant, and the RFE is on your 485, I'd venture to guess that it might be proof of employer intent or something like that, perhaps W2, paystubs, blah blah. Who knows? I am still in the dark about what the RFE for my wife's case is about and shall post it as soon as I get word. On the bright side, at least someone is looking at the case rather than have it be in a box.
Click to expand...

Thanks ks,

A little bit more speculation from my side:
Since I do not have a birth certificate, I got a birth cert non-existance cert from the municipal corp, and a affidavit from my Mother [from the magistrates office]. To the best of my knowledge this is all that is required.
From my office there was just a letter[1-page] stating I work at ....bla bla....
I guess they require some more proff like Pay-stubs/W2s etc.
Or it can be medical, but we got all the required shots.
Or it can be bio related[their mistake, as the same was done today only]

But these are pure speculation.

BTW we got our bio done today so there was an LUD on both our 485s.

-Still
 
navneetsharma said:
Stillpatient - they seem to have shot a querry too early in your case. I had mentioned earlier that usually it is related to medical, but in KS's case the medical was done clean (including all shots taken) before they submitted the application.

I am wondering what the querry would be, but I guess you have to wait for it just as KS. Hopefully it will be trivial itself for both you and KS.

Anyone else reporting any LUD's, approvals etc or any kind of progress ?
Click to expand...

Thanks Navneet,

Yes, just hope for the best. Keeping my fingures crossed.

-Still
 
Another LUD

Another LUD on both 485s, without any change in msg on either of them.
[Checkout my signature]

May be Name check, but Name check with RFE pending?

-StillPatient
 
StillPatient said:
Another LUD on both 485s, without any change in msg on either of them.
[Checkout my signature]

May be Name check, but Name check with RFE pending?

-StillPatient
Click to expand...

Still,

It could be related to your FP. I saw 2 back to back LUDs right after my FP in April

Over
 
Have you guys taken a look at the VSC current processing times. Interestingly 485 time is not listed for VSC...
 
Twilight Zone

Hey folks

Cue the Twilight Zone theme.
I've been bugging my employer about the RFE notice all week, and had been told that as far as they knew the attorneys had not received the RFE mail. I had been kind of worried about that, but this morning the USCIS drops this surprise in my email with a corresponding change in the LUD for the RFE Response Received.

The following is the latest information on your case status

Receipt Number: EACXXXXXXXXXXXX

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

Current Status:

On August 4, 2006, we received your response to our request for evidence or
information. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.

If you have questions or concerns about your application or the case status
results listed above, or if you have not received a decision or advice from
USCIS within the projected processing time frame*, please contact the National Customer Service Center.

========
So, bottomline, as of now (Sunday, Aug 6) I still don't know what the RFE was for, but all I know is that someone somewhere responded to it. I only hope it was the attorneys :)
 
Still,

I guess its pretty normal to have LUD's after FP. Both me and my wife had two LUD's in two days after our FP was done. We also had an LUD today on both our 485's again (check signature). I really dont know if there is a specific trend or process on LUD's, but I guess its just that someone is working on your case.

Cheers!
Navneet
 
StillPatient said:
Can anybody sumup the steps that they process after FP.

Thanks in advance.

-StillPatient
Click to expand...
Hi StillPatient,
I think the normal process is that they send the biometrics records to the processing center and you are then put into the queue for the security check. Yes, the dual LUDs are I believe standard practice, and I think one is generated when the bio information is entered into the system and the second might be that they've sent your information to the FBI for security check. These biometric related LUDs would have no relation or bearing on the RFE whatever that is for.
 
Any idea?

Hey folks

Still in the dark about what the RFE was about. Does anyone know if the message I posted earlier about the USCIS email stating they got the RFE response is the standard one after one responds to an RFE?
If so, what does the following mean?
"On August 4, 2006, we received your response to our request for evidence or
information. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message."

Its plain English, but do I read it to assume that they've done some work on the case already so the wait time is shorter?

Thanks
 
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