Concurrent Filing - Using Cross Chargeability

[ks_cc]

EAD/AP Renewals

Its just about that time. Early 2006 filers...have you folks applied for the EAD and AP renewals yet?

 

[krish_5]

> To take advantage of the cross chargeability - does it have to be
> spouse's country of birth or can it also be the country of citizenship?

Immigration visa quotas go by country of birth (unless both of your parents where not citizens of that country, then you can claim the country of your parents citizenship).

Both of my parents have Indian passport but were born in Pakistan before 1947. They recently got green cards sponsored by my sister (US citizen) based on Pakistan Quota. Does cross chargeability be applied to my case based on county of birth for both my parents (Indian citizen born in Pakistan).

My Labor got approved recently (Jan 2007), and PD date is Aug 2004. EB2 dates do not seem to be moving for India. CAN ANYONE HELP !!

 

[overboard]

Its just about that time. Early 2006 filers...have you folks applied for the EAD and AP renewals yet?

Planning on filing it next week. Have you already filed yours. also does yours go to NSC or VSC?

 

[ks_cc]

Planning on filing it next week. Have you already filed yours. also does yours go to NSC or VSC?

Filing next week as well. When does yours go through? Month I mean. I'm at VSC.

 

[ks_cc]

Hello - I am in a similar situation as you. i will be using my wifes place of birth (UK) to use CC. My labor was just approved per the website. Can you advise on how to proceed moving forward if I want to do concurrent filing using CC? I posted yesterday but no response. What are the next steps?

Thanks

Dedo,
Congratulations and welcome aboard. Definitely spend some time on reading through the entire thread. Yes, its 73 pages, but its definitely an invaluable read. Also, based on our experiences, something we didn't have was a cover form, which william attached earlier in the forum. The thread should answer most if not all your questions, but like passcore suggested, post away.

 

[pururwa]

Here is what you can do...

Hey Guys -

Iam expecting to get the biometrics notice sometime soon based on the general trend. however the problem is I will be going to India next week and will not be back till the 5th next month (wife staying for another couple of weeks) and so Iam afraid that I might miss the fp appointment or might have to reschedule it.

What options do I have :
1. Ask my lawer to reschedule it when he recieves the notice ?
2. Ignore the appt date and just walk in when wife returns ?
3. Just walk in now with the SRC no of our 485 and see if the ASC accepts it.

Let me know if anyone of you has been in a similar situation !

Thanks!

1.) If you get the appointment letter before you leave, you can just walk in eventhough your actual appointment date is different.
2.) If your lawyer receives the notice when you are in India, he can ask CIS to reschedule it when you return.

Don't worry, its not a big deal.
I have gone through the same scenario, luckily my notice came before I left. So I just walked in and got it done before leaving the US.

 

[radd]

Its just about that time. Early 2006 filers...have you folks applied for the EAD and AP renewals yet?

Probably by end next week too.. I'm filing myself.. pretty easy.

radd

 

[ks_cc]

Probably by end next week too.. I'm filing myself.. pretty easy.

radd

Good for you. I should've done it myself. Employer suggested to go through the attorney, and that cost a pretty penny, and a month after sending them the docs, the things are only being filed this week. Unreal.
Anyway. Don't know if I mentioned, but I applied for H1 3 year extension based on my approved 140, just as an "insurance policy", and that got approved this past weekend. Vermont sent it to California.

 

[ks_cc]

Both of my parents have Indian passport but were born in Pakistan before 1947. They recently got green cards sponsored by my sister (US citizen) based on Pakistan Quota. Does cross chargeability be applied to my case based on county of birth for both my parents (Indian citizen born in Pakistan).

My Labor got approved recently (Jan 2007), and PD date is Aug 2004. EB2 dates do not seem to be moving for India. CAN ANYONE HELP !!

Krish
Sorry for the delayed response. I believe you are eligible for CC. I think it goes via spouse or parents' country of birth (nativity) and not country of citizenship. Can you sister not sponsor you in the way she sponsored your parents? Instead of going employment based, couldn't you go family based?

 

[pururwa]

No LUDs after Code 2 fingerprinting

Hello All,

I am back from a long vacation, It was a tiring one as we travelled a lot
My 10 months old enjoyed a lot though and thats a big plus for us

How is it going ? any approvals ?

Well, I still don't see any LUDs for my code 2 fingerprints which were done in late november. Is it normal with TSC?

I am planning to call cust. service. Could anybody suggest how I should talk to the rep to get deatils about fingerprinting and name check ?

Thanks

I haven't had much time to participate in the last few weeks. How you guys have been ?

Quick Question: I had a fingerprint appointment(Code 2) in Dec, but since I was going to be out of the country that time I went ahead and got it done recently at a local ASC. No LUDs on my 485 after that. Is it normal ? Or is it because I went earlier than my scheduled appointment.

I had a Code 3 appointment sometime back and I saw the LUD change after that.

Thanks

 

[ks_cc]

Hello All,

I am back from a long vacation, It was a tiring one as we travelled a lot
My 10 months old enjoyed a lot though and thats a big plus for us

How is it going ? any approvals ?

Well, I still don't see any LUDs for my code 2 fingerprints which were done in late november. Is it normal with TSC?

I am planning to call cust. service. Could anybody suggest how I should talk to the rep to get deatils about fingerprinting and name check ?

Thanks

Hi Pururwa

Welcome back. Where did you folks go?

As you can tell, no approvals yet. Unfortunately. We do have a couple of new folks on the board, which is great...strength in numbers.

This is where I am at:
1. Got the 3 year H1B extension approval (fallback plan)
2. Filing for EAD and AP renewal this week (attorney)
3. Sent a reminder letter to VSC on Xmas eve reminding them that Japan is current as far as visa dates go
4. Contacted an attorney to discuss when would be a good time for me to pursue a WoM
5. Came to know that the USCIS is changing their rules as far as the people who get petitioned on the WoM, in other words, they might not be sending an expedite request to the FBI when a WoM is filed against them. So a WoM suit, which has been getting folks their approvals within a couple of months would soon be rendered ineffective. Again, this is not set in stone yet, but likely is progressing in that direction
6. Considering sending an expedite request based on the criteria outlined by the USCIS. Two attorneys, including the AILA liaison said that these criteria are more than often ineffective and would not beget an expedite being considered. I was planning to obtain letters from a non profit (I work for the Dept of Ed of several states via my employer, where I am consultant). Unfortunately this non profit is not my primary petitioner for the 140. I was also going to get letters from the DoD USAF since I work for them part time. Both are valid expedite criteria, but I was told that even a letter from Pope Benedict would have no bearing. Oh well.
7. One attorney told me that if my name check is pending and my wife is cleared, which is the case, her case and my case would both be held back until both are in the clear. This contradicts what an immigration officer told me at my Infopass appt on Xmas eve, where he mentioned that this USED to be the practice, but is no longer true. Not sure who to believe.
8. The now processing dates have not been updated since Dec 18, where VSC was processing applications recvd on Feb 15 06. So its just a wait and see now.
Depressing.

 

[Zeppelin]

No LUD for me too

Pururwa,

To answer your question. I too had my Code 3 FP completed in 2nd week of November. No LUD on my I485 yet. I read posts from a few other people who had their FP date in the month of Nov with no LUD's.
Guess that happened to quite a few people.
Let us know if you find anything for the cust serv rep.

-Zeppelin

Hello All,

I am back from a long vacation, It was a tiring one as we travelled a lot
My 10 months old enjoyed a lot though and thats a big plus for us

How is it going ? any approvals ?

Well, I still don't see any LUDs for my code 2 fingerprints which were done in late november. Is it normal with TSC?

I am planning to call cust. service. Could anybody suggest how I should talk to the rep to get deatils about fingerprinting and name check ?

Thanks

 

[raidohri]

NO 485 reciepts yet

I am already waiting for my reciept number for last 5 weeks, do you think
i should wait for some more time.
What is the maximum period does any body have waited before they get the reciept number in our forum.

My lawer is asking me to wait for some more time.

Your answer is highly appreciated.

Nand

 

[Dedo]

PBLC,
This thread is for folks using the cross-chargeability law to apply concurrently for 140 & 485. I assume since you're out of backlog it means that your labor certification has been approved and you're about to file concurrently for 140 & 485 (140- immigrant petition for alien worker, 485 - adjustment of status), and that you can apply concurrently (you are from a non retrogressed country).
Regardless, the LUD stands for "Last Update Date" which indicates the last time your case was touched by a USCIS offier, or by some USCIS computer batch process running. Usually an LUD might mean that your case is being processed and going through the stages of processing.
Not sure what a TD is, but EAD stands for Employment Authorization Document. When you file for 485, you also can file for Employment Authorization (I-765). When this case is approved, the USCIS mails you a plastic card that authorizes you to be employed for any employer within the country for a period of a year. You, at this time, do not need sponsorship, but if your green card is being obtained via employment, you need to be employed with the green card sponsor (for a certain period of time). You can also file for Advanced Parole (that enables you to travel in and out of the country without a visa stamp on your passport).

When you file your case(s), you shall be issued a receipt number. Your case would be going to whatever service center holds jurisdiction over your state, and your receipt number may be a good indication....for example, cases going to Vermont Service Center (VSC) usually start with letters "EAC"...

Here are the service centers and the states they hold jurisdiction over.

# Vermont Service Center (VSC)
Jurisdiction: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virginia, Virgin Islands, West Virginia, and the District of Columbia

# Nebraska Service Center (NSC)
Jurisdiction: Alaska, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin and Wyoming

# Texas Service Center (TSC)
Jurisdiction: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, New Mexico, North Carolina, South Carolina, Oklahoma, Tennessee, and Texas

# California Service Center (CSC)
Jurisdiction: California, Nevada, Arizona, Hawaii, Guam

For Case Status Checks -
1. Go to the following URL:
https://egov.immigration.gov/cris/jsps/index.jsp

2. Create an account for yourself as CUSTOMER

3. Login to your account & input your case numbers into your portfolio

4. To get updates emailed to you, check the box that says EMAIL ON

You should be good to go. Hope this helps.

This is great info here. I am new to this board and this was a great post posted way back when...

 

[StillPatient]

I am already waiting for my reciept number for last 5 weeks, do you think
i should wait for some more time.
What is the maximum period does any body have waited before they get the reciept number in our forum.

My lawer is asking me to wait for some more time.

Your answer is highly appreciated.

Nand

Hi raidohri,

Hopefully you will get your receipt notices soon.
Please update your signature as soon as u get them, so that I can add your details to the Excel sheet.

I last added Passcore and Zepplin's details, the new guys(Debo and others) please update your signature as soon as you file(and receive the receipt notices) for 485,EAD,AP,FP etc so that I can update the tracker.

My HR advised me apply for EAD and AP in March.

-Still

 

[passcore]

Fingerprint Notice - Help !

Hi raidohri,

Hopefully you will get your receipt notices soon.
Please update your signature as soon as u get them, so that I can add your details to the Excel sheet.

I last added Passcore and Zepplin's details, the new guys(Debo and others) please update your signature as soon as you file(and receive the receipt notices) for 485,EAD,AP,FP etc so that I can update your signature.

My HR advised me apply for EAD and AP in March.

-Still

Hey Guys,

We got our FP notices today for 01/24 at 12:00 PM at the Atlanta ASC. However we are leaving for India on the 18th (day after tom) so we intend to walk-in at the ASC tomorrow (01/17) as early as possible to see if they can get it done. We will carry our E-Tickets with us just in case we need to prove that we will be travelling.

Do we need anything else other than our receipts and identification docs ? Also what time in the morning do the ASCs open. USCIS seems to have missed that bit of the info on their website

Thanks in advance for your help!

-Sam

 

[ks_cc]

Hey Guys,

We got our FP notices today for 01/24 at 12:00 PM at the Atlanta ASC. However we are leaving for India on the 18th (day after tom) so we intend to walk-in at the ASC tomorrow (01/17) as early as possible to see if they can get it done. We will carry our E-Tickets with us just in case we need to prove that we will be travelling.

Do we need anything else other than our receipts and identification docs ? Also what time in the morning do the ASCs open. USCIS seems to have missed that bit of the info on their website

Thanks in advance for your help!

-Sam

Sam
Have a good trip. Be on the safe side and carry your passport besides your drivers ID. Between that, your receipt notices, the actual biometrics notice and your etickets you should be ok. I wasn't aware that the ASCs allow for walk-ins, but it might be different for biometrics. Good luck!

 

[passcore]

Biometrics experience at ASC - Atlanta

Sam
Have a good trip. Be on the safe side and carry your passport besides your drivers ID. Between that, your receipt notices, the actual biometrics notice and your etickets you should be ok. I wasn't aware that the ASCs allow for walk-ins, but it might be different for biometrics. Good luck!

Thanks Ks_cc !

We went to ASC Atlanta today for our code 3 biometrics appointments to see if we could get it done earlier since we are travelling to India tomorrow (Orig appt date was 01/24). The guard at the gate told us that they cannot do walk-ins this week as they are short of staff blah blah and told us to go in and 'tell' the guard inside to reschedule it. So we walked in, went through the security and handed our appt letter and identification to the guard but did not mention anything about rescheduling This guy dint even look at the appt date, simply gave us the forms to fill out, went to the receptionist who stamped the appt letters and got our fps done

Guess the guard outside was simply doing his job and asking ppl to leave if their appt was not for that date . However there was this Indian couple from Alabama who actually went in and "requested" the guard to consider their fps even though they had their appts for a later date but were turned down :-S

Well, guess I got lucky but oh well ..!

-Sam

 

[pururwa]

Thanks KS

Hi Pururwa

Welcome back. Where did you folks go?

As you can tell, no approvals yet. Unfortunately. We do have a couple of new folks on the board, which is great...strength in numbers.

This is where I am at:
1. Got the 3 year H1B extension approval (fallback plan)
2. Filing for EAD and AP renewal this week (attorney)
3. Sent a reminder letter to VSC on Xmas eve reminding them that Japan is current as far as visa dates go
4. Contacted an attorney to discuss when would be a good time for me to pursue a WoM
5. Came to know that the USCIS is changing their rules as far as the people who get petitioned on the WoM, in other words, they might not be sending an expedite request to the FBI when a WoM is filed against them. So a WoM suit, which has been getting folks their approvals within a couple of months would soon be rendered ineffective. Again, this is not set in stone yet, but likely is progressing in that direction
6. Considering sending an expedite request based on the criteria outlined by the USCIS. Two attorneys, including the AILA liaison said that these criteria are more than often ineffective and would not beget an expedite being considered. I was planning to obtain letters from a non profit (I work for the Dept of Ed of several states via my employer, where I am consultant). Unfortunately this non profit is not my primary petitioner for the 140. I was also going to get letters from the DoD USAF since I work for them part time. Both are valid expedite criteria, but I was told that even a letter from Pope Benedict would have no bearing. Oh well.
7. One attorney told me that if my name check is pending and my wife is cleared, which is the case, her case and my case would both be held back until both are in the clear. This contradicts what an immigration officer told me at my Infopass appt on Xmas eve, where he mentioned that this USED to be the practice, but is no longer true. Not sure who to believe.
8. The now processing dates have not been updated since Dec 18, where VSC was processing applications recvd on Feb 15 06. So its just a wait and see now.
Depressing.

We were on a long trip to India/Europe/Thailand. It was really good, a bit tiring though.

Hey, pardon my ignorance but what this WoM is ?

One more thing, I am planning to call Cust Service tomorrow about the status of my 485. How should I ask him about the security/name check and all, I mean how should I talk in order to get all these deatils from him/her.

Thanks again
-pururwa

 

[prezcalvin]

Concurrent filing or not

Guys,

Please give me your input on this :

I just got my Labor approved yesterday (EB2 PERM conversion case, PD 10/2003 ). I am Indian but my wife was born in the UK, so we are planning to use Cross Chargability for the 485 stage.

Now I wanted to file concurrently the I-140 and I-485 next, with the I-140 done as premium processing. The company however is refusing to do the premium processing. After a lot of haggling, I got to this stage with them:

A) They would file concurrently 140 and 485, with no premium processing on 140.

OR

B) They would not file concurrently, but file the 140 premium processing, and then after that is approved, file the 485.

Please tell me your thoughts, is it better to choose A) or B). I'm in CA. I need to decide on this by tomorrow sometime.

TIA