Concurrent Filing - Using Cross Chargeability

I guess I can answer my own question. From murthy.com..

"Question 1. I am a computer professional with a master's degree. I would like to know my chances of getting the green card through EB2

There are three factors that determine whether a case can be EB2.
The first is the employee's qualifications.
The second factor is the employer's minimum requirements for the position. The employer must require at least a master's degree or equivalent for the position. Also, other employees in similar positions with that employer must have master's degrees or equivalent. Generally, a bachelor's degree plus five years experience with another employer could qualify for EB2, if described correctly under the current U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of Labor (DOL) interpretations for the EB2 classification."
 
Thaks BS, But I guess progressive means different than waht u have stated here

Brittany Spears said:
hey...
As per my knowledge its progressive experience which means MS+3 years = Masters Degre followed by 3 years exp after masters and same goes with Bachelors..ie BS= Bachelors degree followed by 5 years exp........ So if you dont have that then definately you dont qulaify for EB2...So if they send an RFE possibly they might ask if you wish to downgrade to EB3.....
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I did a research on progressive experience, that means you have been adding skills to your resume as your experience grew over the years with diff employers. I couldn't see anything saying that it has to be after you obtained a Masters.
What you said may be true for a Bachelors since you can't really work in a related field unless you have a BS, but I am not sure if thats true for a Masters.
Any comments by gurus here?
 
I think if the job requirement is Masters or equivalent and the candidate with Bachelors and 6 years experience equates to equivalent of Masters degree based on three years of experience equal to one year of education then the I140 will be downgraded to EB3. USCIS will come back and say this is not an EB2 as you require experience to equate to get to Masters. So it is always better to be away from Equivalent clause.

USCIS may also degrade a person with Masters to EB3 as job requirement is not just Masters degree but equivalent degree is also acceptable to fill the job so may downgrade to EB3. I am not sure about this and it is my novice knowledge with LC's. Verify with attorney.

vikram77 said:
Isnt it true that if the job requirement was for a Masters's, the applicant would qualify for an EB2 irrespective of experience? (If, of course, the applicant has the required degree)

vikram
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Spouse 485 LUD

Hey folks

Another LUD on my wife's 485 today, same message...response to RFE was received on August 4th...etc.
Can you believe...I still haven't been told what the RFE was for.
 
ks_cc, looks like your lawyer is very efficient. Must be some kind of question easy to response.

Here is my question. My laywer filed 140/485 for both me and my wife in early July using CC. I'm the primary applicant. My EDA was approved last week (YEAH!). But there is only one LUD on my wife's EDA in mid July, nothing else after that. Is this normal? I thought both EAD will get approved at the same time.
 
wondering99 said:
ks_cc, looks like your lawyer is very efficient. Must be some kind of question easy to response.

Here is my question. My laywer filed 140/485 for both me and my wife in early July using CC. I'm the primary applicant. My EDA was approved last week (YEAH!). But there is only one LUD on my wife's EDA in mid July, nothing else after that. Is this normal? I thought both EAD will get approved at the same time.
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Wondering, I do hope that the quick turnaround is indicative of efficiency, but I'm a bit disconcerted since I feel I should have been informed about the content.
Regardless..congratulations on the EAD. Both EADs are not necessarily approved at the same time. It just happened to be the case for me, where both myself and my wife got approved the same day, with our AP cases being approved a day apart. I'd expect that your wife's EAD should be approved this week or next. I got the approval emails over a weekend, so keep an eye out.
 
Another 485 LUD today for Spouse

Yet another LUD of August 10th on my wife's 485. I really wonder what's going on....one yesterday and one today, close on the heels of one on the 6th when they recd the RFE Response. I'm borderline freaked.
My 485 LUD is still stuck on June 9th.
 
don't worry!!

ks_cc said:
Wondering, I do hope that the quick turnaround is indicative of efficiency, but I'm a bit disconcerted since I feel I should have been informed about the content.
Regardless..congratulations on the EAD. Both EADs are not necessarily approved at the same time. It just happened to be the case for me, where both myself and my wife got approved the same day, with our AP cases being approved a day apart. I'd expect that your wife's EAD should be approved this week or next. I got the approval emails over a weekend, so keep an eye out.
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Since your I-140 has been approved long back, all these LUDs on 485 means they are working on the case and probably will approve it soon. Moreover, 485 is just about the individual and not about the company etc. so if you guys have maintained your status, which all of us do anyway, you guys will be fine. Just take it easy, don't take too much tension.

About the RFE: Sometimes lawyers do silly mistakes themselves that they don't want to highlight, that may be the reason why they didn't inform you yet. I am sure that was very minor issue but at the same time I believe that you should have been told about it since 485 is your petition and not the employer's. So, keep asking them, there is no harm in that.
 
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pururwa said:
About the RFE: Sometimes lawyers do silly mistakes themselves that they don't want to highlight, that may be the reason why they didn't inform you yet.
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You can say that again ! I've had this sort of thing happen thrice already.
 
Man, they are horribly slower than Texas, thats the problem

vikram77 said:
Nebraska. Why do I get the feeling that's a bad thing? :(
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and it seems Texas is going smooth with approvals while Nebraska is issuing a lot of RFEs. But I hope yours get through easily without any problems.
 
Oh well, right now I'm more concerned about getting the 485/EAD/AP's accepted. This is the second time around, its been gone 2 weeks and they still havent cashed the checks. I spoke to Navneet and I'm going to have to speak with my attorney about going Navneet's route. I really wish I had a more competent and approachable attorney, especially after all the money she's charged.
 
pururwa said:
Since your I-140 has been approved long back, all these LUDs on 485 means they are working on the case and probably will approve it soon. Moreover, 485 is just about the individual and not about the company etc. so if you guys have maintained your status, which all of us do anyway, you guys will be fine. Just take it easy, don't take too much tension.

About the RFE: Sometimes lawyers do silly mistakes themselves that they don't want to highlight, that may be the reason why they didn't inform you yet. I am sure that was very minor issue but at the same time I believe that you should have been told about it since 485 is your petition and not the employer's. So, keep asking them, there is no harm in that.
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Thanks Pururwa, you make me feel better. I do hope that the LUDs are indicatory that they're gearing up for an approval. That would be spectacular. Interestingly, my 485 LUD hasn't changed since June 6th. So, if my wife's 485 does get approved, what happens to my case? Does it automatically tag along?
 
vikram77 said:
Oh well, right now I'm more concerned about getting the 485/EAD/AP's accepted. This is the second time around, its been gone 2 weeks and they still havent cashed the checks. I spoke to Navneet and I'm going to have to speak with my attorney about going Navneet's route. I really wish I had a more competent and approachable attorney, especially after all the money she's charged.
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Amen on the approachable attorney front. Hang in there Vikram, they do usually take a little bit to process the checks. A couple of weeks is not uncommon.
 
Hey Guys, attorney just emailed. She's got the receipts for the 485/EAD/AP's. This is great. And I just thought of something else - I'd asked her if the checks were cashed y'day and she emailed back last night saying no they weren't. Makes me wonder if she was just fibbing.. they couldn't possibly cash checks, issue receipts and mail them to the attorny in less than one working day - what an eyewash !

Anyway, at least I'm there. :)

vik
 
vikram77 said:
Hey Guys, attorney just emailed. She's got the receipts for the 485/EAD/AP's. This is great. And I just thought of something else - I'd asked her if the checks were cashed y'day and she emailed back last night saying no they weren't. Makes me wonder if she was just fibbing.. they couldn't possibly cash checks, issue receipts and mail them to the attorny in less than one working day - what an eyewash !

Anyway, at least I'm there. :)

vik
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Vikram! This is awesome. Congratulations bud! At least you're in now. Fantastic! Yeah, I bet that she was feeding you that line because she didnt want to check.
 
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