Concurrent Filing - Using Cross Chargeability

[ks_cc]

Hi KS,

On a side note, regarding cases that get rejected when filed the very first time with reason stating that PD is not current;is there any way to find our for a fact that our already filed and accepted I485's are tagged as CC cases.
Is it possible that they can overlook a valid CC 485 case assuming that PD is not current for the principal applicant?
Agreed that our spouses case and our case are tied together, nevertheless,I have a reason to believe the above is possible if our cases are not marked with some kind of a CC stamp on the actual filed 485.
Or can we safely say that if our EAD and AP got approved, so will our 485's ?

Apprecaite your reply ?

-Zeppelin

Zeppelin,
Excellent question. See my post from a month or so ago when I went for the Infopass appointment.
The Immigration Officer suggested the same thing that the cases might remain untouched since VSC has accidentally ignored the country of chargeability as an oversight. But, this was the same gentleman who also told me that if one applicant's name check is cleared, both cases are adjudicated. The latter is just simply not true. If the co-applicant is clear and the applicant is still pending (as is our case) for the name check, both applications are held back.
Now, I called VSC using the POJ a few weeks ago, and the lady confirmed that the cases were on hold with the reason "security checks pending". If there were an oversight, I'd have assumed the reason would state 'visa numbers unavailable' or something like that.
So, no, I think the 485s country of chargeability section clearly states that the cases can be immediately processed since visas are available.
Albeit, there is no guarantee that we haven't been relegated to the retrogressed bin by accident. I see the chances of this as being slim though, since the folks who handle the applications are Immigration Officers and not mailroom processing contractors. But then again, the Officers are all but human, and we cannot account for errors. The best bet is to wait until 30 days have passed since the "Now Processing" published dates and send the center a reminder...this is especially true if the namecheck is cleared. I'd say the only way to find out is to keep on top of it with regular Infopass appts to follow through on the namecheck status.

 

[Zeppelin]

Thanks KS

I guess thats the best thing to do. Wait for 30 days to pass after "current" processing times and then take an infopass appointment.

Zeppelin,
Excellent question. See my post from a month or so ago when I went for the Infopass appointment.
The Immigration Officer suggested the same thing that the cases might remain untouched since VSC has accidentally ignored the country of chargeability as an oversight. But, this was the same gentleman who also told me that if one applicant's name check is cleared, both cases are adjudicated. The latter is just simply not true. If the co-applicant is clear and the applicant is still pending (as is our case) for the name check, both applications are held back.
Now, I called VSC using the POJ a few weeks ago, and the lady confirmed that the cases were on hold with the reason "security checks pending". If there were an oversight, I'd have assumed the reason would state 'visa numbers unavailable' or something like that.
So, no, I think the 485s country of chargeability section clearly states that the cases can be immediately processed since visas are available.
Albeit, there is no guarantee that we haven't been relegated to the retrogressed bin by accident. I see the chances of this as being slim though, since the folks who handle the applications are Immigration Officers and not mailroom processing contractors. But then again, the Officers are all but human, and we cannot account for errors. The best bet is to wait until 30 days have passed since the "Now Processing" published dates and send the center a reminder...this is especially true if the namecheck is cleared. I'd say the only way to find out is to keep on top of it with regular Infopass appts to follow through on the namecheck status.

 

[huizet]

Double ouch. Sorry for you. The ATTN: Supervisor tag should get some attention. If it (God forbid) returns, send the application to the personal attention of the NSC Director, cc-ing the Supervisor, noting the improperly rejected application. I also suggest sending a copy of the same to the CIS Ombudsman. Google for USCIS Ombudsman and you would get results on how to contact him.

Thanks for the info KS. Much appreciated. I hope that this time around the papers at least get to the hands of an officer rather than being rejected at the mailroom.
Suprisingly, the first time our papers were rejected, the reason given was that the PD is not current, but the CC papers did not make it back with the rest of the packet. The second time around, all the papers were sent back strangely!!

 

[ks_cc]

Thanks for the info KS. Much appreciated. I hope that this time around the papers at least get to the hands of an officer rather than being rejected at the mailroom.
Suprisingly, the first time our papers were rejected, the reason given was that the PD is not current, but the CC papers did not make it back with the rest of the packet. The second time around, all the papers were sent back strangely!!

Hang in there man. Mysterious are the ways of the USCIS and their mailroom processors. I noticed you posted over on the murthy boards as well. Perhaps some more suggestions would arise. If you've marked the envelope addressed to a supervisor, I think you should be fine this time around. Keep checking to see if your checks get encashed. That happens well before the receipts are issued. I think you'll be just fine.

 

[overboard]

ks,

When your GC comes through you should switch careers to immigration law

 

[radd]

Good to know!
Yup, its deja-vu all over again. This time without the rose colored glasses that foresaw some quick approvals. I flushed that pair
Radd, dude, you've been awfully quiet. Did you apply for renewals yet? Or did you get approved and are sitting on a beach somewhere? Any follow up Infopass appts or so after your last call to VSC where they told you that you were in the name check black hole?

Hey folks, just a sidenote....the letter I sent VSC back on Christmas eve...yeah....I think its somewhere in a recycling plant right now. Oh well...c'est la vie.

still here man... applied for renewals yesterday.. I applied for Australian PR last Nov... and something tells me that I would get that approval way before GC..

Overboard is right.. you are much more an expert in these issues than most law firms...

KS.. a question.. you mentioned that you have been here since early 90s... why this late in applying GC?

radd

 

[ks_cc]

ks,

When your GC comes through you should switch careers to immigration law

Sure, charge exorbitant amounts of money to individuals while being generally too busy to respond to questions....I can live with that!
Naah, some attorneys are fantastic, while others generally give everyone a bad name. I've been dealing with a couple of attorneys, one an AILA liaison, whom I have known for several years, and he's superb...plus another attorney south of me discussing WoM stuff, and he's awesome as well.
I think I'd do it for free! Perhaps I can run for office and effect changes in the system..lobby for all us immigrants!

 

[ks_cc]

still here man... applied for renewals yesterday.. I applied for Australian PR last Nov... and something tells me that I would get that approval way before GC..

Overboard is right.. you are much more an expert in these issues than most law firms...

KS.. a question.. you mentioned that you have been here since early 90s... why this late in applying GC?

radd

Radd...long time no see dude. Good thing you applied for renewals. Apparently CIS published a 6 month in advance clause back late last year. Did you guys see their new fee structure! Holy cow. 80% fee hike. Unreal. Note that for AoS applicants such as us, the increased free structure means squat...its not going to help expedite the FBI Name Check process, since its not like the CIS is going to be helping the good folks at the agency to hire more personnel dedicated to the name check. I kinda feel bad for them...talk about being overworked...! Plus, its kind of a thankless job, right? They're buried in a mountain of paperwork, and everyone (us included) rags on them for being behind therefore causing us delays. Not their fault....they just need more funding I believe.
Australia mate? How aboot Canada, eh? Anyone doing that? I've considered Canadian PR, but I like being in NH way too much, so I think I'll stick it out.

Delay in filing....lots of reasons....came over on a student visa...bachelors, then masters, then OPT, then H1-B. Company I was working for split into four companies...had to refile labor...then the travesty of 2001...they put a mortatorium on immig stuff, pulled the labor...then restarted it...then the company fell into an SEC investigation. By the time they restarted the process, I was ready to quit, and asked for the layoff package. Two days later started a consulting job with a large east coast firm based in MA. I was working in Maine. Those were the days when Maine labors were sailing through (pre backlog elim centers). The consulting firm was unbeknownst to me, fleecing me blind....markup on me was over 60%. It was in their best interest to keep me employed with them as long as possible. Anyway...they filed my labor in MA despite having a large presence in ME. By the time I convinced them to refile me in ME several months had passed. They finally did. Two weeks before the ME Labor was going to be processed, Labor Dept shifted everything to the Philly BEC. So, bad luck. Then PERM came about. Spent several months convincing them to file me PERM. They kept pushing back. Finally agreed. Was discussing with the filing attorney about converting my labor to PERM when to my shock he told me that the firm had filed me under EB3. He asked me why. I didn't know since I had documented proof that the firm told me they were filing me under EB2. With two masters degrees and nearly 6 years of work exp...I'd have thought they would. Basically they wanted to screw me over and keep me under their employ.
Well, that was the straw that broke the camels back. Quit...went to a NJ based consulting firm I was friends with. Labor got filed under perm in Aug 05, approved on Oct 1 05. Then EB2 got retrogressed for India...found CC route...had to convince the NJ firm attorneys about CC since they had no clue. Several months of haggling later, they sent AOS papers in Feb 06...VT sent them back on the first go around, but resent them and here we are today.
Wife's from Japan. We worked together in the same company for 5 years...she's still there..9 years and running. They dont do green cards, but since I was already in motion, we decided to hold off on trying to get her filed as the primary AOS applicant.
Doesnt matter now...I'd still be stuck in the name check, and she would still be clear.
So there, thats my sordid tale of woe.

 

[radd]

Radd...long time no see dude. Good thing you applied for renewals. Apparently CIS published a 6 month in advance clause back late last year. Did you guys see their new fee structure! Holy cow. 80% fee hike. Unreal. Note that for AoS applicants such as us, the increased free structure means squat...its not going to help expedite the FBI Name Check process, since its not like the CIS is going to be helping the good folks at the agency to hire more personnel dedicated to the name check. I kinda feel bad for them...talk about being overworked...! Plus, its kind of a thankless job, right? They're buried in a mountain of paperwork, and everyone (us included) rags on them for being behind therefore causing us delays. Not their fault....they just need more funding I believe.
Australia mate? How aboot Canada, eh? Anyone doing that? I've considered Canadian PR, but I like being in NH way too much, so I think I'll stick it out.

Delay in filing....lots of reasons....came over on a student visa...bachelors, then masters, then OPT, then H1-B. Company I was working for split into four companies...had to refile labor...then the travesty of 2001...they put a mortatorium on immig stuff, pulled the labor...then restarted it...then the company fell into an SEC investigation. By the time they restarted the process, I was ready to quit, and asked for the layoff package. Two days later started a consulting job with a large east coast firm based in MA. I was working in Maine. Those were the days when Maine labors were sailing through (pre backlog elim centers). The consulting firm was unbeknownst to me, fleecing me blind....markup on me was over 60%. It was in their best interest to keep me employed with them as long as possible. Anyway...they filed my labor in MA despite having a large presence in ME. By the time I convinced them to refile me in ME several months had passed. They finally did. Two weeks before the ME Labor was going to be processed, Labor Dept shifted everything to the Philly BEC. So, bad luck. Then PERM came about. Spent several months convincing them to file me PERM. They kept pushing back. Finally agreed. Was discussing with the filing attorney about converting my labor to PERM when to my shock he told me that the firm had filed me under EB3. He asked me why. I didn't know since I had documented proof that the firm told me they were filing me under EB2. With two masters degrees and nearly 6 years of work exp...I'd have thought they would. Basically they wanted to screw me over and keep me under their employ.
Well, that was the straw that broke the camels back. Quit...went to a NJ based consulting firm I was friends with. Labor got filed under perm in Aug 05, approved on Oct 1 05. Then EB2 got retrogressed for India...found CC route...had to convince the NJ firm attorneys about CC since they had no clue. Several months of haggling later, they sent AOS papers in Feb 06...VT sent them back on the first go around, but resent them and here we are today.
Wife's from Japan. We worked together in the same company for 5 years...she's still there..9 years and running. They dont do green cards, but since I was already in motion, we decided to hold off on trying to get her filed as the primary AOS applicant.
Doesnt matter now...I'd still be stuck in the name check, and she would still be clear.
So there, thats my sordid tale of woe.

gone through quite a bit there haven't you.. well hopefully the LUds on the applications would bring in some good news..

radd

 

[ks_cc]

gone through quite a bit there haven't you.. well hopefully the LUds on the applications would bring in some good news..

radd

Yeah...been through a little bit. Unfortunately I don't think my situation is all that uncommon. The way I see it is, that I've at least been fortunate to beget the benefits of being able to file for AOS. A lot of folks haven't been that lucky.

Yes, hope to see quick renewal approvals. That would help put my mind at ease somewhat. I do have till the middle of May, so I think I should be ok, but its just the uncertainty of it all. Hope the 485 approvals come through before that..at this point, I'd rejoice to see some movement there. Oh well.

When do your EADs run through?

 

[StillPatient]

Hey overboard.

Just got my receipts from the employer, and added them to my USCIS portfolio. The RD on the EAD and APs are January 17th 2007. I think the attorneys got them on Jan 25 and they were sent to VSC on the 15th.
So,
Sent (EAD & AP renewals for self & spouse) - Jan 15
USCIS RD - Jan 17
USCIS ND - Jan 18
USCIS LUD - Jan 23
Attorney Recvd Receipts - Jan 25 (give or take a day)
I got them - Jan 29.

Still, could you update the tracker when you get a chance with the EAD(2) and AP(2) please. Not sure how you want to track this.

Hi ks_cc/Overboard,

Updated the tracker, sorry for the delay, was busy.
Overboard -> u never mentioned anything abt ur spouse's EAD 2 & AP 2.

Another thing, the FP expires in 1 year, let me know when you guys get this done.
I hope ur 485s gets approved before that happens.

-Still

 

[ks_cc]

Hi ks_cc,

Updated the tracker, sorry for the delay, was busy.
You never mentioned abt ur spouse's EAD and AP 2 dates, let me know and I can update.
Another thing, the FP expires in 1 year, let me know when you get this done.
I hope ur 485 gets approved before that happens.

-Still

Hi Still!

Dude, don't ever apologize...you're actually doing all of us on this forum a HUGGGE favor by not only having taken the impetus of commencing this spreadsheet, but also regularly updating it. You've done all of this on your own time, and its tremendously appreciated. So, get to new things when you can bud.
As for my wife's renewals, they're the same as me. Same RD, ND, etc. The first go around, both sets were approved on the same day, so hopefully this won't be any different.

Fingerprints - Its just simply bizarre sounding to me that a person's biometrics "expire". I was discussing this with a friend on mine in local law enforcement, and he suggested that the fingerprints don't expire, but renewing the records with a fresh set of prints is done since criminal elements have been known to...get this...literally erase their fingerprints, I guess literally grinding them off. Ouch and gross. But anyway, thats why we have to renew prints.

Also, I've been doing some googling on this, and a slight correction is that the fingerprints expire after 15 months since the first ones were done. I believe ours were in the third week of April 2006, so we have until July of 2007.
Also note that once these expire, if you do not get a notice from the USCIS, its been suggested that you either call or make an Infopass appointment reminding them. Even then its not necessary that CIS would send you an appointment notice right after the 15 month period.
Another thing is that folks who've been sent second FP notices and have gone for FP get their 485s approved a couple of weeks after. From what I've read, being called for a second FP might imply that the FBI name check is complete.

 

[StillPatient]

Hi Still!

Dude, don't ever apologize...you're actually doing all of us on this forum a HUGGGE favor by not only having taken the impetus of commencing this spreadsheet, but also regularly updating it. You've done all of this on your own time, and its tremendously appreciated. So, get to new things when you can bud.
As for my wife's renewals, they're the same as me. Same RD, ND, etc. The first go around, both sets were approved on the same day, so hopefully this won't be any different.

Fingerprints - Its just simply bizarre sounding to me that a person's biometrics "expire". I was discussing this with a friend on mine in local law enforcement, and he suggested that the fingerprints don't expire, but renewing the records with a fresh set of prints is done since criminal elements have been known to...get this...literally erase their fingerprints, I guess literally grinding them off. Ouch and gross. But anyway, thats why we have to renew prints.

Also, I've been doing some googling on this, and a slight correction is that the fingerprints expire after 15 months since the first ones were done. I believe ours were in the third week of April 2006, so we have until July of 2007.
Also note that once these expire, if you do not get a notice from the USCIS, its been suggested that you either call or make an Infopass appointment reminding them. Even then its not necessary that CIS would send you an appointment notice right after the 15 month period.
Another thing is that folks who've been sent second FP notices and have gone for FP get their 485s approved a couple of weeks after. From what I've read, being called for a second FP might imply that the FBI name check is complete.

Hi Ks_cc,

Updated the tracker after I located ur spouse's AP2 and EAD2 NDs, could not locate Overboard's spouse's details for the same.

FP expiration -> Good info, thanks again.

I have a question: My 485 ND is 17thJuly'06, the current proc date at TSC is that date, and this date was published on 18th Jan'07, so if nothing happens, I should be calling them on(or after) 19th Feb'07?

or

is that I should wait till the published proc date becomes 17thAug'06 or beyond and then wait for 30days after the publication date and then call up.

Also when I called up a couple of times the TSC guys sounded like RFE case so officer has to take some decision..........just my feeling.


Also found the new look at the case-status USCIS web-site, any comments, they should spent time processing our apps not upgrading the look-n-feel of the website.

Ironical but StillPatient is now loosing pat..........

-Still

 

[ks_cc]

Hi Ks_cc,

Updated the tracker after I located ur spouse's AP2 and EAD2 NDs, could not locate Overboard's spouse's details for the same.

FP expiration -> Good info, thanks again.

I have a question: My 485 ND is 17thJuly'06, the current proc date at TSC is that date, and this date was published on 18th Jan'07, so if nothing happens, I should be calling them on(or after) 19th Feb'07?

or

is that I should wait till the published proc date becomes 17thAug'06 or beyond and then wait for 30days after the publication date and then call up.

Also when I called up a couple of times the TSC guys sounded like RFE case so officer has to take some decision..........just my feeling.


Also found the new look at the case-status USCIS web-site, any comments, they should spent time processing our apps not upgrading the look-n-feel of the website.

Ironical but StillPatient is now loosing pat..........

-Still

Still,

Hahaha, that is ironic indeed.
Don't mean to speak for overboard, but I suspect his wife's details would be the same as his. I think usually folks just apply both self and spouse together for EAD and AP and more often than not, the dates are identical for both. As with companion cases, I think both cases even get approved at the same time, although its not necessarily the case...I think we were lucky in that regard. Our current EADs were approved on the same day, but the cards arrived in the mail about three days apart.
So annnyway, the published dates aren't an exact science, they're a best guesstimate. Hence you would notice a lot of folks get approved, who have perhaps filed AFTER your notice date. All depends on the expediency of their name check results and perhaps other factors unbeknownst to us.
But the general guideline is on that USCIS Processing Times page itself...it your ND is 30 days before "now processing" date, then you can call the 800 number. What they'd end up doing is creating an inquiry in the system for the service center, and you can expect a letter in the mail. This letter might give you clues, such as 'expect a decision in 60 days', or the dreaded 'stuck in security checks'.
The last proc dates were published on Jan 17, delayed due to the holidays...they issue these bi-weekly. We're due for one any day now. Sometimes the dates FALL BACK as VSC did in December and CSC did just recently...so keeping my fingers crossed.

 

[Dedo]

Joining your ranks

My labor finally got approved and I will be using CC to concurrently file 140/485/AP/EAD in the coming week. I spoke to my attorneys last week and they are aware of all the things needed to get the attention of the mailroom guy to accept CC. Apparently they have been getting their apps accepted (after the first few were turned back last year)

So, although I may not know what all the terminology like LUD, etc is...LOL! I will be learning from you guys along the way. This board is a great resource

My details:
EB2/RIR/PD: 04/2003
labor Approved 01/2007
140/485/AP/EAD Applied - Soon

 

[ks_cc]

My labor finally got approved and I will be using CC to concurrently file 140/485/AP/EAD in the coming week. I spoke to my attorneys last week and they are aware of all the things needed to get the attention of the mailroom guy to accept CC. Apparently they have been getting their apps accepted (after the first few were turned back last year)

So, although I may not know what all the terminology like LUD, etc is...LOL! I will be learning from you guys along the way. This board is a great resource

My details:
EB2/RIR/PD: 04/2003
labor Approved 01/2007
140/485/AP/EAD Applied - Soon

Hello Dedo
Welcome and congratulations on getting your labor approved.
Once you file your cases and get the receipts, you can track your case status online. Go to uscis.gov and create a customer account for yourself and add all your case numbers to create a portfolio of cases for yourself. You can also choose to have yourself be notified via email when something happens on your case, such as an approval.

Just a quick acronym primer for you:
RD: Stands for Receipt Date, this is when USCIS received your documents.
ND: Stands for Notice Date, this is when they issued you a notice of action, the I-797, detailing how they're going to process your case.
LUD: Last Update Date, this appears in the online tracker I mentioned earlier. This changes when an immigration officer touches your case, or sometimes due to internal processing...this is when your case was last touched by CIS.
AD: Approval Date. Best of them all...self explanatory.
A-Number: This is a unique number assigned to you when you file for Adjustment of Status, the 485, and stands for 'Applicant for Adjustment of Status to Permanent Resident'.

Regards
k

 

[ks_cc]

Letters

Hey folks
Just an FYI. I received two letters, one for myself and one for my wife, from the Vermont Service Center, signed by the Deputy Director, Ms. Sandra Bushey, informing us that our 485s cases have been delayed due to pending security checks. I believe this was in response to my inquiries, but could be attributed to the letters I sent on Christmas eve. Don't know...but in either case, it just confirms what I already knew....my wife's name check is cleared, and I'm pending..so we sit and wait.

 

[pranju]

Pranju
Could you repost both of these and refresh our memories...its been a year...don't recall the files off the top of my head.
Thanks
k...

Hi Ks ,

I am attaching both the forms , they were originally posted by user Williamtt.

thanks
Pranju

 

[Dedo]

Thanks ks_cc

Hello Dedo
Welcome and congratulations on getting your labor approved.
Once you file your cases and get the receipts, you can track your case status online. Go to uscis.gov and create a customer account for yourself and add all your case numbers to create a portfolio of cases for yourself. You can also choose to have yourself be notified via email when something happens on your case, such as an approval.

Just a quick acronym primer for you:
RD: Stands for Receipt Date, this is when USCIS received your documents.
ND: Stands for Notice Date, this is when they issued you a notice of action, the I-797, detailing how they're going to process your case.
LUD: Last Update Date, this appears in the online tracker I mentioned earlier. This changes when an immigration officer touches your case, or sometimes due to internal processing...this is when your case was last touched by CIS.
AD: Approval Date. Best of them all...self explanatory.
A-Number: This is a unique number assigned to you when you file for Adjustment of Status, the 485, and stands for 'Applicant for Adjustment of Status to Permanent Resident'.

Regards
k

Thanks ks_cc for all the helpful information that you provided in your post. It definately answered a lot of my questions already with regards to all the abbreviations floating around here (a lot more complicated that labor process). I am going for my medical exam this week. Anything to be vary of or be aware of with that?

Thanks and I will keep you all posted

 

[Dedo]

Hey folks
Just an FYI. I received two letters, one for myself and one for my wife, from the Vermont Service Center, signed by the Deputy Director, Ms. Sandra Bushey, informing us that our 485s cases have been delayed due to pending security checks. I believe this was in response to my inquiries, but could be attributed to the letters I sent on Christmas eve. Don't know...but in either case, it just confirms what I already knew....my wife's name check is cleared, and I'm pending..so we sit and wait.

What would cause someones name check to be delayed? I hear this is the biggest possible obstacle after labor (per my attorney)