Concurrent Filing - Using Cross Chargeability

go with B.

prezcalvin said:
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
Click to expand...

That way your I140 will be approved in 15 days and then you can file 485. So effectively you will loose only 15 days on 485 but you will have the peace of mind that your 140 is approved.

while on the other hand, if you choose A, you will never knwo when your 140 will be looked at since CIS is investing all its enery to approve premium 140s these days.
 
pururwa said:
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
Click to expand...
Wow. That IS a long trip. Europe/India/Thailand...wow, you pretty much crossed the globe.
A WoM stands for a Writ of Mandamus, which is essentially a lawsuit that you can file in federal court against any governmental agency. In this case a lot of folks have been suing USCIS, which turns around and asks the FBI to expedite the name check for the person(s) in question to avoid having to go to trial. Yes, we do live in a wonderful wonderful country. Unfortunately, and this is unconfirmed but reported across the net, USCIS is going to stop asking FBI for expedited name check processing when they get sued, in effect negating the suit itself, and therefore discourage people from suing...since the suit won't have any consequence. The WoM essentially forces USCIS to make a decision on your case within 45 days after the suit is filed. You can file by yourself, called pro se, or hire an attorney, the latter costing about 3000 bucks.
Again, the WoM makes more sense for folks who have been stuck in the name check process for a while, or for folks whose cases are being unsettled for no apparent reason but oversight.

Lastly, more often than not, the National Service Center customer service reps do not have knowledge of your name check, and even if they do, they don't divulge it. The best bet is either use the POJ method, which is a crap shoot, the better bet being taking an Infopass appointment and asking at the ASC.
 
prezcalvin said:
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
Click to expand...

They're refusing the premium? Are you paying for it, or are they footing the fees? If its the latter, what if you offer to pay for premium? Well, the 140 is their property, so I guess they have final say.
Regardless, if the two options are the only ones you have, I'd go with option B. Your 485 would not be adjudicated until the 140 is approved. So the premium processing would definitely help.
 
ks_cc said:
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?
Click to expand...

If my sister sponsors me, the cut-off date is Oct. 1995. I can not go back and wait for 10 years.
 
Thanks Pururwa and Ks_cc. I was also leaning towards option B.

It sucks that after promising to do premium processing all along, they are now reneging. I hoep they don't back out of option B) also after verbally agreeing to it.

Will keep this thread updated as and when my status changes. Thanks again!
 
krish_5 said:
If my sister sponsors me, the cut-off date is Oct. 1995. I can not go back and wait for 10 years.
Click to expand...
Oh. I did not realize that the wait times for family based visas was thus backdated. I guess your only choice is to file employment based using CC.
 
Hi All,

Please find attached the tracker with the new processing dates published by USCIS.

Since the TSC proc date for 485 is July 17th'06 and the RD on my 485 is July 17th '06 and since my RFE RD is well over 90 days I guess it is time to turn on the heat! (Iam beginning to get the heated up around the collar, pardon me for that). Iam planning to call, hope Iam not stuck in name-check/security-check blackhole.

-Still
 
Last edited by a moderator:
One more Q for KS

ks_cc said:
Wow. That IS a long trip. Europe/India/Thailand...wow, you pretty much crossed the globe.
A WoM stands for a Writ of Mandamus, which is essentially a lawsuit that you can file in federal court against any governmental agency. In this case a lot of folks have been suing USCIS, which turns around and asks the FBI to expedite the name check for the person(s) in question to avoid having to go to trial. Yes, we do live in a wonderful wonderful country. Unfortunately, and this is unconfirmed but reported across the net, USCIS is going to stop asking FBI for expedited name check processing when they get sued, in effect negating the suit itself, and therefore discourage people from suing...since the suit won't have any consequence. The WoM essentially forces USCIS to make a decision on your case within 45 days after the suit is filed. You can file by yourself, called pro se, or hire an attorney, the latter costing about 3000 bucks.
Again, the WoM makes more sense for folks who have been stuck in the name check process for a while, or for folks whose cases are being unsettled for no apparent reason but oversight.

Lastly, more often than not, the National Service Center customer service reps do not have knowledge of your name check, and even if they do, they don't divulge it. The best bet is either use the POJ method, which is a crap shoot, the better bet being taking an Infopass appointment and asking at the ASC.
Click to expand...

Hey KS,

Thanks for all the info.
Pardon me again but I am not familiar with POJ method, could you send some pointers please ?

Thanks again
 
Hi guys,

Just FYI, I don't have to take either Option A) or B) that I talked about :) The latest negotiation ended as follows:

They file concurrently 140 Premium, 485, AP, EAD. I pay the $1K premium processing costs for the 140, and they will cover the 485, AP, EAD costs for both me and my wife.

Now to quickly get it done before they change their mind!
 
Hi,
I have few questions on Cross-Chargeability
I am Indian Citizen working here in the usa. My wife is UK born UK citizen.
I am applying for my green card. I have a masters degree so i can apply eb2
When my labour is cleared, and I 140 approved, Can I apply for I 485 under UK qota. IF i Can, do my wife also need to have masters or she need to be working?

Thanks
 
prezcalvin said:
Hi guys,

Just FYI, I don't have to take either Option A) or B) that I talked about :) The latest negotiation ended as follows:

They file concurrently 140 Premium, 485, AP, EAD. I pay the $1K premium processing costs for the 140, and they will cover the 485, AP, EAD costs for both me and my wife.

Now to quickly get it done before they change their mind!
Click to expand...
Thats most excellent. Its good that they're covering your filing costs. I had to pay everything myself.
 
aliasdar said:
Hi,
I have few questions on Cross-Chargeability
I am Indian Citizen working here in the usa. My wife is UK born UK citizen.
I am applying for my green card. I have a masters degree so i can apply eb2
When my labour is cleared, and I 140 approved, Can I apply for I 485 under UK qota. IF i Can, do my wife also need to have masters or she need to be working?

Thanks
Click to expand...
Hello Aliasdar
You are definitely eligible for CC. I suggest reading through this thread and post any questions you may have. You can surely apply for EB2, and your wife does not need to have a masters, nor does she need to be employed. As long as she is of legal status, I presume an H4, you guys are good to go.
 
pururwa said:
Hey KS,

Thanks for all the info.
Pardon me again but I am not familiar with POJ method, could you send some pointers please ?

Thanks again
Click to expand...
Hi pururwa
The POJ method is the only way that you can speak to an immigration officer at the filing service center. Call the NCS 800 number, and follow the option to check case status. Enter your receipt number. Once the automated message tells you about your case status, wait until the very end of the message. Press 3 when the message asks about proceeding to the next step. Then press 4 when it asks you about if you filed cases together and are concerned that these companion cases have been separated.
Note that I've never used the POJ myself. From what I know, this is a backdoor to speak to a service center person and not the customer service rep. Also be aware that since this is backdoor, the person on the other end may not be very receptive of your call...just be prepared for that.
 
Hi All,

Called up USCIS 3times yesterday.

1st: Went ot the USCIS HO, the lady said(thinking aloud) that my RFE receipt is > 60days, 485 filing is 180 days and within the proc time so she said "It must be just around the corner" but did not have access to my security check status.

2nd : Went to TSC, the lady said just wait for 30-60 days more, she said could nt divulge the security check status as of 01Nov'06 thay have stopped divulging that due to security concerns.

3rd : Just said an officer had to take decision on my RFE reply, and nothing else can be done, she just kept repeating herself even after I asked abt my security check status. (Was kinda rude)

Hope thay r nt making a note of how many times one is calling.

Plan to call-in again in a few weeks.

-Still
 
Cc - Nsc

I have just filed my I-485 application using my wife's country of birth:

Haven't rcvd anything from USCIS yet, so lets see. But following are my specifics:

I-140 Rcpt Date - 0ct 26 2006 Pending.. Nebrasksa
I-485/EAD/AP - Filed using CC - Jan 18th 2007..
 
Poj Vsc

Folks
FYI. I called VSC using the POJ. The lady was really nice.
Anyway. Apparently the information I got from the Manchester NH ASC was incorrect. If one of the applicants is name check pending, they hold both cases until the name checks are complete. Oh well, mystery solved.
So..my wife is in the clear...my name check is still pending...big surprise there.
 
I-140 Approved and LUD

Hey guys!

Just got to know today that my 140 was approved on the 9th of Jan. So now 485 approval is the only thing left ! Also there was another LUD on our 485 applications on the 18th following LUD on the 17th which presumably was for our FPs. Is this normal ?
 
passcore said:
Hey guys!

Just got to know today that my 140 was approved on the 9th of Jan. So now 485 approval is the only thing left ! Also there was another LUD on our 485 applications on the 18th following LUD on the 17th which presumably was for our FPs. Is this normal ?
Click to expand...

That's great passcore. I got my 140 approval today too. It was sitting there for 7 months and then after paying the schmucks what absoutely amounts to an official bribe, it gets approved in one day ! ONE DAY !

Ridiculous !

vik
 
aliasdar said:
Hi,
I have few questions on Cross-Chargeability
I am Indian Citizen working here in the usa. My wife is UK born UK citizen.
I am applying for my green card. I have a masters degree so i can apply eb2
When my labour is cleared, and I 140 approved, Can I apply for I 485 under UK qota. IF i Can, do my wife also need to have masters or she need to be working?

Thanks
Click to expand...

You also dont need to wait till your 140 is approved. Apply for the 140 and 485 together. While you're waiting now, start collecting the documents you need, like birth certificates etc so you dont waste time later.
 
140s - congrats

Vikram & Passcore,
Congratulations to both of you for the 140 approvals. Now the only thing that stands between the 485 approvals and you are the name checks. The 485 cannot be adjudicated with the 140 being approved, so this is a big deal. Congrats.
And Vikram...ya know, if they had a premium service for the 485s....official bribes as you called it...I wonder how much folks would be willing to pay...both the CIS & the FBI...hopefully someone considers it in the future...the extra cash would help hire more processors and name check agents, thereby being a tremendous benefit to everyone languishing in this wait black hole.
 
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