Concurrent Filing - Using Cross Chargeability

KS, others | 485 filing again

I have decided to file 485s thru my wife since her 140 has already been approved. She is the primary applicant now & her country of birth is a non-retrogressed country.
Questions:
-> Is this still a case of cross-chargeability ? I guess not since she is the primary applicant.

->Do we need to attach any special letter metioning the country of chargeability to either hers or mine 485s ?

Thanks
 
pururwa said:
I have decided to file 485s thru my wife since her 140 has already been approved. She is the primary applicant now & her country of birth is a non-retrogressed country.
Questions:
-> Is this still a case of cross-chargeability ? I guess not since she is the primary applicant.

->Do we need to attach any special letter metioning the country of chargeability to either hers or mine 485s ?

Thanks
Click to expand...
Pururwa,
I did not know that you can file two AOS cases at the same time. Have you checked with the attorneys? Would you be withdrawing the original petitions? Since your 140 isn't yet approved, you might be able to, but I cannot state that for a fact. And no, if its possible, it shall be a straight forward case! No CC, you'd be the secondary applicant, and she'd be the primary.
 
Thanks KS

ks_cc said:
Pururwa,
I did not know that you can file two AOS cases at the same time. Have you checked with the attorneys? Would you be withdrawing the original petitions? Since your 140 isn't yet approved, you might be able to, but I cannot state that for a fact. And no, if its possible, it shall be a straight forward case! No CC, you'd be the secondary applicant, and she'd be the primary.
Click to expand...
So, attaching a separate letter for country of chargeability is not really necessary here. right ?

BTW, you may file 2 485s, however when one gets approved the other one has to be withdrawn right away. Also, there could be an RFE asking which 485 you want to proceed with. Its really a grey area, so I won't suggest anybody to go this route unless (s)he has to.

Thanks
 
Last edited by a moderator:
pururwa said:
So, attaching a separate letter for country of chargeability is not really necessary here. right ?

BTW, you may file 2 485s, however when one gets approved the other one has to be withdrawn right away. Also, there could be an RFE asking which 485 you want to proceed with. Its really a grey area, so I won't suggest anybody to go this route unless (s)he has to.

Thanks
Click to expand...
Nope, no country of chargeability letter needed. Its a straight forward filing, with your spouse as the primary and you as the secondary. Country of chargeability would be your spouse's country of nativity.
Just like CC...without the CC :)
Good for you. Good luck & keep us posted.
 
pururwa said:
I have decided to file 485s thru my wife since her 140 has already been approved. She is the primary applicant now & her country of birth is a non-retrogressed country.
Questions:
-> Is this still a case of cross-chargeability ? I guess not since she is the primary applicant.

->Do we need to attach any special letter metioning the country of chargeability to either hers or mine 485s ?

Thanks
Click to expand...
well, i have a different opinion regarding this.

I think u still have to submit a cc, saying that u r changing Ur native country to hers. remembered the rule , it said that the dependant can change to the primaries place of birth.
 
btw my 485 LUD streak has ended with no obvious result.

Back in line...

How do we track processing times on transfers? Do we go with the date it was submitted in the original service center or the date it was received in the transferred service center. In my case they are 6-7 mths apart...
 
Finally murthy agreed to file My485

Hi,

All i have few questions?
My case is different since i am applying MY CC throgh my wife parents who were born in nonretro countries.

So the question is, when we apply the 485 what do they see for CC filing,
I mean they will accept first and then go through my case or will ask for more info at the beginning only,

another question how long will it take to get an EAD for my wife.


please share your experience,your cooperation is highly appreciated.
 
overboard said:
btw my 485 LUD streak has ended with no obvious result.

Back in line...

How do we track processing times on transfers? Do we go with the date it was submitted in the original service center or the date it was received in the transferred service center. In my case they are 6-7 mths apart...
Click to expand...

logically it should be the one with the original service center, and the 485 proc dt. of the new center.

-Still
 
Quick Question

My wife are I are planning to have a baby hence the reason she cannot take the MMR and Chicken Pox vaccine .
Would this pose a problem for 1485/i140 approval ?

Does anyone have any advice for us .
 
hello everyone-need some inputs.

i have been following this thread for couple of months now, and just got my perm - eb2 category approved. so finally i am in a position to file for my 140/485 via CC of my wife's quota.
I needed the gurus to clear up a question i have.
my lawyer has agreed to file concurrently using CC. now i have filled out g325a,485,131 etc documents and send it to my laywer.
he is asking that my wife needs to fill the same. (she is also on h1 b).

is it a valid request that my spouse will also have to fill out same kind of forms separately?
also since i am filing concurrently and doing a ap/ead. i read on some of the messages in this forum that one can switch employers 180 days or 6 months after my 1 140 is approved. can someone verify this and answe my above quesiton..
thanks!
 
DD_guy_here said:
i have been following this thread for couple of months now, and just got my perm - eb2 category approved. so finally i am in a position to file for my 140/485 via CC of my wife's quota.
I needed the gurus to clear up a question i have.
my lawyer has agreed to file concurrently using CC. now i have filled out g325a,485,131 etc documents and send it to my laywer.
he is asking that my wife needs to fill the same. (she is also on h1 b).

is it a valid request that my spouse will also have to fill out same kind of forms separately?
also since i am filing concurrently and doing a ap/ead. i read on some of the messages in this forum that one can switch employers 180 days or 6 months after my 1 140 is approved. can someone verify this and answe my above quesiton..
thanks!
Click to expand...

DD,
Answers embedded...

is it a valid request that my spouse will also have to fill out same kind of forms separately?
ks: Yes. Not only is it a valid request, but its required. Your wife needs to fill out her own I-485, EAD, and AP forms along with the G325. Unfortunately its not a twofer, and one form doesn't cover both applicants, but both applications are treated as one "case" if that makes sense. In other words, two forms of the same type for the case, say 485, one for you and one for your wife, and the forms stay together (hopefully) through the lifecycle of the application.

also since i am filing concurrently and doing a ap/ead. i read on some of the messages in this forum that one can switch employers 180 days or 6 months after my 1 140 is approved. can someone verify this and answe my above quesiton..
ks: I believe its a combination of two things...first, your 140 needs to be approved and second your 485 should have been pending for over 180 days. Google for, or search for within this forum, AC 21 or "AC-21". Thats the 21st century competitiveness act or something like that which addresses changing employers after the 6 month period.
 
gz71 said:
My wife are I are planning to have a baby hence the reason she cannot take the MMR and Chicken Pox vaccine .
Would this pose a problem for 1485/i140 approval ?

Does anyone have any advice for us .
Click to expand...
Yes, the medical examiner would make a note of this, and most likely the USCIS would issue an RFE for the missing medicals, or give your wife a conditional approval but she'd need to take the shots after the baby is born. Google for pregnancy + INS Medical and you'll see several such questions.
 
raidohri said:
Hi,

All i have few questions?
My case is different since i am applying MY CC throgh my wife parents who were born in nonretro countries.

So the question is, when we apply the 485 what do they see for CC filing,
I mean they will accept first and then go through my case or will ask for more info at the beginning only,

another question how long will it take to get an EAD for my wife.


please share your experience,your cooperation is highly appreciated.
Click to expand...
For the CC filing, they would examine the country of chargeability...provided your filing attorney makes it clear to the mailroom processors that this is a CC case, and if its Murthy, I dont think you need to be concerned.
Not sure what your question is about accept the case and ask for more information. If USCIS needs any more information from you that is missing when you file the case, its called Request for Evidence (RFE). Your attorneys are the ones who need to ensure that they're submitting as close to a complete application as possible. RFEs aren't a bad thing, but if your package is complete then the USCIS may not ask for anything more.
EAD for your wife depends on what processing center you file with, and processing times are a complete crap shoot. Times vary widely, so once you know what service center you end up with, check the processing times for the EAD application.
 
Finally GotGC using Cross Chargeability

I have been browsing this forum for many years and there were some information but not much about Cross Chargeability finally I feel lucky to announce we have successfully got the GC using CC and I want to share this GREAT news with you guys. CC is one of the great option in GC process, there is no queue no wait in EB2 category in 2 1/2 months after filing our I-140 / I-485 we got immediately fingerprinting notice in 2 weeks and I-140 got approved in a month and I-485 approved on this Diwali (Great Diwali gift) and plastic cards came in next week. Now I am taking my family to visit India first time. All this happened in an unbelievable time. I have been struggling for a stable job and an employer wasted lots of $$$ in H1B transfers but finally we are happy to become permanent resident of this great country. I hope this posting of our case will give encouragement to many CC applicants. Feel free to ask me any questions you have about CC. You should make sure that attorney adds a Cover letter with your I-485 application in BOLD Letter "Cross Chargeability Case" sample is available on Sheela murthy's site.

PD: 9/2004 (EB2/PERM)
Primary – India Secondary - Malaysia
I-140 / I-485 RD: 7/2006
I-140 AD: 9/2006
FP: 8/2006
I-485 AD: 10/20/2006
Plastic Cards: 10/25/2006
 
overboard said:
ks,radd,dbins and others...

I remember we had a discussion earlier on this list regarding AP.

I used the AP to re-enter and it works :)

Due to an aquisition I have to ammend the approved 140 again.. Looks like my road to GC is taking a step back before it can step forward
Click to expand...

Overboard / All,

I am planing to go to india in january and intend using the AP to re-enter. Did you take a trip to India ? Is it a smooth sail in the Indian immigration - I mean are the also well aware of the AP document ?

I was planing to take British Airways, but someone told me that I would need a transit visa if I travel via london, since I would not have a valid US visa stamping. I dont intend getting my H1 extension stamping done on this trip to india and want to use the AP to re-enter. Hence wanted to get more info on it.

Cheers!
Navneet
 
Diff between concurrent filing or filing both separately?

Hi
My Perm got approved under EB2 and I am thinkig of filing my I140 under Premium processing. I am noticing that EB2 I140 under premium processing is getting approved in less than a Week.

My question is in that scenario Should I get my 140 approved in a week and then file my 485 or file both concurrently? What are advantages and disadvantages of filing concurently or not concurrently?

Guru's Please advice....

Nidhin
 
ks_cc said:
Yes, the medical examiner would make a note of this, and most likely the USCIS would issue an RFE for the missing medicals, or give your wife a conditional approval but she'd need to take the shots after the baby is born. Google for pregnancy + INS Medical and you'll see several such questions.
Click to expand...


She's not pregnant as yet . She sees an ob/gyn pertaining to this .
What can we do ?
 
I did take the trip but not on British Air. Indian Immigration was peaceful.

The painful part was on re-entry.They took us to another room for stamping (not sure if everyone goes through this). We had to wait 40 mins coz there were a few flights that had come in.

I found it still better than having to submit all your life docs and wait for a h1 visa stamping and interview etc.




navneetsharma said:
Overboard / All,

I am planing to go to india in january and intend using the AP to re-enter. Did you take a trip to India ? Is it a smooth sail in the Indian immigration - I mean are the also well aware of the AP document ?

I was planing to take British Airways, but someone told me that I would need a transit visa if I travel via london, since I would not have a valid US visa stamping. I dont intend getting my H1 extension stamping done on this trip to india and want to use the AP to re-enter. Hence wanted to get more info on it.

Cheers!
Navneet
Click to expand...
 
Diff between concurrent filing or filing both separately? -- Please Reply

Hi
My Perm got approved under EB2 and I am thinkig of filing my I140 under Premium processing. I am noticing that EB2 I140 under premium processing is getting approved in less than a Week.

My question is in that scenario Should I get my 140 approved in a week and then file my 485 or file both concurrently? What are advantages and disadvantages of filing concurently or not concurrently?

Please reply ASAP

Nidhin
 
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