Concurrent Filing - Using Cross Chargeability

[RamFan]

For Plztoday

PlzToday:

My HR/Law firm did it. I work for a very large company and they do everything by the book. It seems that at every service enter has a AILA (American Immigration Lawyers association ) representative. The Law firm handling my case contacted the rep. and they followed up on my case. I guess you can do that through your attorney. Or same thing can be done by just calling USCIS. I am pretty sure going through AILA is more effective.

Good luck,

RamFan

 

[plztoday]

PlzToday:

My HR/Law firm did it. I work for a very large company and they do everything by the book. It seems that at every service enter has a AILA (American Immigration Lawyers association ) representative. The Law firm handling my case contacted the rep. and they followed up on my case. I guess you can do that through your attorney. Or same thing can be done by just calling USCIS. I am pretty sure going through AILA is more effective.

Good luck,

RamFan

Thanks for the information . but I dont think my lawyer will do it.still i will give it a try.

 

[StillPatient]

SSN Update

Received wife's SSN Card in mail today[9/26/2006].

Had applied on 9/7/2006.

So it took 13 business days.

-StillPatient

 

[plztoday]

Rfe

Had another LUD today(checkout my Signature).

Attorney reported that she received the RFE today.
They have asked for docs regarding my legal status between Oct'04 to Oct'05.

As proof they have asked for I797, or school certs(not applicable in my case), or I94 [zerox copies for all]

She says she will be working on this and then get back to me, if any thing is req., actually she has all my docs.

-StillPatient

Does the RFE reflects on the online mgs ?or does it just goes to the lawyer?how can one say that he recv an RFE other that the lawyer saying it.

 

[StillPatient]

Does the RFE reflects on the online mgs ?or does it just goes to the lawyer?how can one say that he recv an RFE other that the lawyer saying it.

Hi plztoday,

The message changes saying that more documentation/evidence is required, but the actual reason is not there.

Generally after 9-10 days the attorney gets the letter with the actual requirement. This is what happened in my case.

-StillPatient

 

[ks_cc]

Hi plztoday,

The message changes saying that more documentation/evidence is required, but the actual reason is not there.

Generally after 9-10 days the attorney gets the letter with the actual requirement. This is what happened in my case.

-StillPatient

I'm back. I was conciously trying to avoid the board in hopes that I return and see some good news that someone got approved. Oh well.
plztoday, StillPatient is very accurate. Same thing manifested with the RFE I got on my wife's 485. The online status simply stated that they sent a request asking for more documentation sans any specific reasons given, but the attorney did receive the RFE letter about a week after the message changed online. A week after, the message changed again to reflect their acknowledgement of receving the response to the RFE.

 

[plztoday]

I'm back. I was conciously trying to avoid the board in hopes that I return and see some good news that someone got approved. Oh well.
plztoday, StillPatient is very accurate. Same thing manifested with the RFE I got on my wife's 485. The online status simply stated that they sent a request asking for more documentation sans any specific reasons given, but the attorney did receive the RFE letter about a week after the message changed online. A week after, the message changed again to reflect their acknowledgement of receving the response to the RFE.

Does every one recv a RFE. as i didnt recv any......is that good or bad.

 

[ks_cc]

Does every one recv a RFE. as i didnt recv any......is that good or bad.

Hello plztoday,
No, not everyone receives an RFE and an RFE isn't considered a bad thing. All it means is that the USCIS needs further documentation to adjudicate the case. It all depends on a case by case basis. For instance, I know others who have had an RFE on their I-140 filing, but my 140 was approved without any RFE. My wife's I-485 had an RFE which was about the original untranslated birth certificate, and they got that on Aug 4th. The RFE isnt a bad thing, but needs to be resolved within a 90 day period I believe.

 

[plztoday]

Did u apply through DV lottery?

 

[ks_cc]

Did u apply through DV lottery?

Cross Chargeability. Based on my employment, me as the primary applicant. My wife has been the one eligible for the DV lottery (and me after marriage), and she has been applying yearly since 1996 without any luck.

 

[vikram77]

Hey All

I'd asked this question earlier but I guess my post was lost in the several that day.

I inquired about not having received a fingerprinting notice even after 2 months of our 485's being accepted. A USCIS rep said that since my 140 was still not adjucated, no action would be taken on the 485, including fingerprinting. Can anyone confirm if this is correct?

Thanks
vik

 

[plztoday]

Hey All

I'd asked this question earlier but I guess my post was lost in the several that day.

I inquired about not having received a fingerprinting notice even after 2 months of our 485's being accepted. A USCIS rep said that since my 140 was still not adjucated, no action would be taken on the 485, including fingerprinting. Can anyone confirm if this is correct?

Thanks
vik

Well i don't know y she said that... as i had my FP done on 26 th july'06 i.e. before approval of my I140.I filled concurrently I140 on may '06 and I485 & I765 on 7th july'06. but i filled at TSC. then it got transfered to NSC.

 

[plztoday]

Cross Chargeability. Based on my employment, me as the primary applicant. My wife has been the one eligible for the DV lottery (and me after marriage), and she has been applying yearly since 1996 without any luck.

Did u apply on DV the usual way.as we are in applying it from USA so will anything change for it while applying?

 

[ks_cc]

Did u apply on DV the usual way.as we are in applying it from USA so will anything change for it while applying?

We've always applied for it from within the US, we've both been here since the mid 90s. There is no difference in the process regardless of where you apply from, and I believe its only online since 2003 or something.

 

[ks_cc]

Hey All

I'd asked this question earlier but I guess my post was lost in the several that day.

I inquired about not having received a fingerprinting notice even after 2 months of our 485's being accepted. A USCIS rep said that since my 140 was still not adjucated, no action would be taken on the 485, including fingerprinting. Can anyone confirm if this is correct?

Thanks
vik

Hey vik,
Hmm, no. I don't believe thats quite right. I filed concurrently in the end of March (RD) for 140 and 485. We were called for biometrics in the third week of April if I recall and my 140 didn't get approved until the first week of May.
What did happen though is that the week after my 140 was approved, our APs and EADs got approved as well. So they didn't adjudicate 485 related things such as the EAD and AP, but the FP/Bio was done definitely before my 140 approval.

 

[vikram77]

Hey vik,
Hmm, no. I don't believe thats quite right. I filed concurrently in the end of March (RD) for 140 and 485. We were called for biometrics in the third week of April if I recall and my 140 didn't get approved until the first week of May.
What did happen though is that the week after my 140 was approved, our APs and EADs got approved as well. So they didn't adjudicate 485 related things such as the EAD and AP, but the FP/Bio was done definitely before my 140 approval.

Hey ks, all

Yeah I thought as much. Just spoke to another rep and she says nothing's moved on the case yet. Do you guys think its wierd that its been almost 2 months and we havent got a fingerprinting notice yet? Any suggestions?

It also seems contrary to your case ks, where we've already got our EAD/AP approvals before the 140 approval.

Thanks
vik

 

[crosscharge]

Got Labor approved, want to file using cross chargeability

Hi all,

i am new to this forum bt have been reading around.

We got our labor approved today and would like to proceed further applying for 140/i485.

I am a Malaysian citizen and my husband is an Indian citizen hence we will be making use of cross chargeability.

I have few questions to those experienced members here

1. Has anyone tried filing 140/i485 concurrently? If yes how did you go about doing that?
2. What are the steps involved in this procedures?
3. We heard that you can file 140/i485/EAD concurrently? Is that true? If yes how do we go about?

We want to gather some info first before starting to move.

Appreciate your answers.

Thanks

 

[vikram77]

Hey crosscharge

I would recommend that the first thing you ought to do is to read this thread from the start. Most of your questions, at least the ones you've put so far, ought be covered. Anyway, to answer your questions..

1. Yes, reading the thread will tell you how.
2. Thread again.
3. Yes you can file concurrently.

vikram

 

[ks_cc]

Hi all,

i am new to this forum bt have been reading around.

We got our labor approved today and would like to proceed further applying for 140/i485.

I am a Malaysian citizen and my husband is an Indian citizen hence we will be making use of cross chargeability.

I have few questions to those experienced members here

1. Has anyone tried filing 140/i485 concurrently? If yes how did you go about doing that?
2. What are the steps involved in this procedures?
3. We heard that you can file 140/i485/EAD concurrently? Is that true? If yes how do we go about?

We want to gather some info first before starting to move.

Appreciate your answers.

Thanks

Hello Crosschange,
Congratulations on your labor being approved, and welcome aboard the cross chargeability band wagon. First off, when you say "we got our labor approved", who actually did? If the labor was under your name and your country of birth is Malaysia, you don't need to worry about cross chargeability and can file the 140/485 concurrently since visas are available for you and your husband would then be a beneficiary with you as the primary applicant. If the labor is your husbands, then it would be vice versa, him as the primary and you'd use the cross chargeability clause.

As Vikram suggested, it would be in your best interests to read through this forum, regardless of the number of pages to read through. You will notice the collective knowledge base increasing across pages, since all of us who filed cross chargeability have done so by our own independent research on the INS rules and regulations. A few pages back, the actual USCIS forms for using cross chargeability have been posted, I think in PDF format, so you would benefit from using the actual forms. I personally used a hand-made cover letter.
You will also notice, as you read through the posts, that several of us, regardless of which service center our applications got routed to, had to deal with the fact that the applications were sent back at least once (as in the case with most) because the application processors are unaware of the cross chargeability rule and its best to avoid this by highlighting the CC law (Section 202 a and b of the INA) when you send the applications.
Quick answers to your questions:
Yes, you are eligible for filing your 140/485 concurrently using the cross chargeability provision, and the country that you'd charge to would be Malaysia.
The 140 is an employer related thing. The sponsoring employer would petition that for you and therefore its advisable to follow the attorneys on that. You can file for 485 yourself but if you have attorneys doing the 140, you can for your convenience have them file the 485s on your behalf as well. As far as the process of filing concurrently goes, there's nothing to it (if you're using a lawyer), except filling out a few forms and paying the INS and attorney fees. Your lawyers would guide you and if you do need to use cross chargeability, be warned that they may be unaware of CC and you'd need to educate them about it.
Good luck.
k

 

[pururwa]

Hey Vikram!! Chill out man

Hey ks, all

Yeah I thought as much. Just spoke to another rep and she says nothing's moved on the case yet. Do you guys think its wierd that its been almost 2 months and we havent got a fingerprinting notice yet? Any suggestions?

It also seems contrary to your case ks, where we've already got our EAD/AP approvals before the 140 approval.

Thanks
vik

NSC is extremely slow and irritating while Texas is moving at a jet's speed. 485 processing has nothing to do with your I140, the only thing is that 485 can not be approved until the 140 is adjudicated.

Don't worry, you will get the FP notice in a few weeks if not in the coming week, its just that NSC's pace is really really slow.