Concurrent Filing - Using Cross Chargeability

[prezcalvin]

Hi Nidhin,

It depends on where you file from. For example, I'm in CA and I'll go through NSC as well. People in New England etc. file through the Vermont Center (VSC).

BTW, keep us updated on your status. It'll be interesting to see if the NSC mailroom guys have finally figured out that CC is a valid thing.


Huizet,

Hmm, I thought you could travel in and out with a valid H1B stamp just like you can if you've never filed for a GC. Like I said, I'm not 100%, so maybe you are right, but yeah, it doesn't make sense!

BTW, I've learnt to take what lawyers say with a pinch of salt. They always will tell you the ultra conservative estimates about anything you ask so you can't go back and sue them. Best to ask people who have been there and done that for such things. I have a friend, who traveled and returned after his 485 was filed on a valid H1B, and is currently in India again with an expired H1B but with a valid AP. If he is able to return, I guess we can conclude this AP thing works. If not, I'll keep you posted

 

[huizet]

Hi Nidhin,

It depends on where you file from. For example, I'm in CA and I'll go through NSC as well. People in New England etc. file through the Vermont Center (VSC).

BTW, keep us updated on your status. It'll be interesting to see if the NSC mailroom guys have finally figured out that CC is a valid thing.


Huizet,

Hmm, I thought you could travel in and out with a valid H1B stamp just like you can if you've never filed for a GC. Like I said, I'm not 100%, so maybe you are right, but yeah, it doesn't make sense!

BTW, I've learnt to take what lawyers say with a pinch of salt. They always will tell you the ultra conservative estimates about anything you ask so you can't go back and sue them. Best to ask people who have been there and done that for such things. I have a friend, who traveled and returned after his 485 was filed on a valid H1B, and is currently in India again with an expired H1B but with a valid AP. If he is able to return, I guess we can conclude this AP thing works. If not, I'll keep you posted

hi Prez
As far as my knowledge does, your friend who is in India with an AP should not have any trouble getting back even though his H1B has expired. That means that he has already filed for AOS and the AP is to allow him to leave the country while AOS takes place. Looks like he did travel on a valid H1B without any problems (and thats what one would expect theorotically).

I agree with you about laywers and their advice, but I am not really inclined to take a risk after waiting so long. I had spoken at length with my lawyer about travelling on H1B (without AP) and he said he 'recommends' not doing so (guess he is really conservative).
I am hoping that the NSC mailroom folks at least 'read' the CC application rather than looking at the PD and rejecting it.

 

[nidhin_n]

Hi Nidhin,

It depends on where you file from. For example, I'm in CA and I'll go through NSC as well. People in New England etc. file through the Vermont Center (VSC).

BTW, keep us updated on your status. It'll be interesting to see if the NSC mailroom guys have finally figured out that CC is a valid thing.


Huizet,

Hmm, I thought you could travel in and out with a valid H1B stamp just like you can if you've never filed for a GC. Like I said, I'm not 100%, so maybe you are right, but yeah, it doesn't make sense!

BTW, I've learnt to take what lawyers say with a pinch of salt. They always will tell you the ultra conservative estimates about anything you ask so you can't go back and sue them. Best to ask people who have been there and done that for such things. I have a friend, who traveled and returned after his 485 was filed on a valid H1B, and is currently in India again with an expired H1B but with a valid AP. If he is able to return, I guess we can conclude this AP thing works. If not, I'll keep you posted

Hi ,
Thanks for the quick reply.
My Company is based in NJ and I am wondering, why the application has to go through NSC instead of VSC?. With current stats, which SC is the fastest and also accepts CC without rejections at first time.

NDH

 

[ks_cc]

Does AP really allow you to travel without a Visa into the US? So if i get my AP approved in 2-3 months, can i go in and out of the country without a valid US visa? Will I still need to mainitain valid H1-B status? i am a little confused on how AP works and what purpose the H1-B serves after the AP has been approved

Please enlighten me

Thanks

Dedo,
Using AP does not negate your H1-B visa. Folks generally use AP if they have a valid H1, but the stamp on their passport has expired. Its easier to use AP than to go get a new H1 stamped on their passport.
Note that using your EAD automatically invalidates your H1. Its generally a good idea to maintain your H1 status if you can while your 485 applications are pending.

 

[ks_cc]

Hi ,
Thanks for the quick reply.
My Company is based in NJ and I am wondering, why the application has to go through NSC instead of VSC?. With current stats, which SC is the fastest and also accepts CC without rejections at first time.

NDH

Nidhin,
I am not sure why your applications are going to NSC rather than VSC. NJ falls under the VSC jurisdiction. For more information on service centers and the jurisdictions they hold:

# 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

Note that service centers can internally transfer cases amongst themselves to distribute some workload.

 

[ks_cc]

Hi ,
Thanks for the quick reply.
My Company is based in NJ and I am wondering, why the application has to go through NSC instead of VSC?. With current stats, which SC is the fastest and also accepts CC without rejections at first time.

NDH

There are no stats as to which service center is fastest or which one accepts CC applications. There are mailroom processors in each service center who are not fully cognizant of the CC rule. That being said, if you go by the "now processing applications with dates of" list published every 15 days or so by the USCIS, you can get an idea of which service center is fastest in processing cases. That in and of itself isn't an exact science, since it depends on several factors, the major one being the dreaded FBI Name Check.

 

[StillPatient]

Hi ks_cc and other gurus,

I just read a posting in Murthy.com that if they have recd and RFE resp and there has been no action for more than 60 days then there is a hing chance for denial. Mine is well beyond that, should I be worried?

A EAD question: If one has EAD do u need to file for H1B 6th yr xtension?
An AP Question: Using the 2 copies of AP doc(with multiple rteentry) can a person reenter US 6-7 times in a year(or before the AP dates expire)

-Still

 

[ks_cc]

Hi ks_cc and other gurus,

I just read a posting in Murthy.com that if they have recd and RFE resp and there has been no action for more than 60 days then there is a hing chance for denial. Mine is well beyond that, should I be worried?

A EAD question: If one has EAD do u need to file for H1B 6th yr xtension?
An AP Question: Using the 2 copies of AP doc(with multiple rteentry) can a person reenter US 6-7 times in a year(or before the AP dates expire)

-Still

Hi Still,
Yes, I read the thing you're referring to. I don't think thats true though. In my case for instance, the RFE was for my wife's 485 (original Japanese birth cert). From what I've found out via Infopass and POJ, her case is ready for adjudication, but cannot be approved since the primary applicant (me) is stuck in the FBI Name Check process. If she were to be the primary applicant, they would have approved her case, while leaving me as the beneficiary pending...however, since she's the derivative, they cannot process her case further until I'm in the clear. So, the 60 day thing holds true....as LONG as your name checks are cleared. Brittany way back when got her approval in three weeks after the RFE Response was recvd because her security checks had been cleared and she was the primary I believe.
So, don't sweat it too much.

If you have the EAD, you don't need to file the H1 extension, albeit, people do it as an insurance policy; something to fall back on if for some reason something goes astray with the 485.

As far as AP goes, I think they issue you three documents at one time. When you return, the officer keeps one...so you're left with two...then the next time you enter, you're left with one...and so on. Having personally not used the AP, I'm not 100% sure on this....I think overboard traveled recently??

 

[overboard]

Yes I used AP last fall. In my case they stamped one copy,left the other 2 untouched and returned all 3 copies back to me.They also stamp your passport with the same info on the AP. I guess next time I use the AP I show the un-stamped one.

One painful thing abt AP is that you have to keep renewing it every year and lawyers recommend the renewal 3-4 mths prior to expiration of these docs. In theory it feels like you are applying for AP again after just 8 mths

Good thing abt AP is that you are not fishing for consular appointments and having to plan your vacation around these appointments.

 

[ks_cc]

EAD Renewal

Hey guys
Just got an email from CRIS. My EAD renewal was approved today. Wife's is still pending, but I expect that should come through within the next few days. This is the VSC, RD was Jan 18 2006....
And so begins life on EAD Number 2...
APs are pending. Will post when I get any updates.
Regards
k

 

[WellWisher007]

Help

KS, Radd and other gurus,

I am ready to apply concurrent using CC. I have some questions:

1. I understand that your reference to a form is a 1 page informal word document prepared by some attorney firm, Correct? I tried searching for another form on this thread; did not find any other document.

2. KS, you tried helping me on this one, in an earlier post. But I hadn't provided enough details. So, I am providing the details here. I have an approved EB3 I140 with a priority date of Jan 05. Now, I am applying for EB2 I140/I485 using CC with the same company. Although my EB2 PD (Oct 06) is current, would it make sense to port my old case's priority date? Would I stand a risk of affecting my EB2 case in case I try to port PD, since both applications are for me (different positions) from the same company. Using PD of Jan 05 will only help me expedite my case a little more, I guess. As I understand, using PD 05 portability, I would be able to put my application on top of all the applications being processed currently.

Thoughts? Any inputs will be greatly appreciated.

Thanks!

 

[ks_cc]

KS, Radd and other gurus,

I am ready to apply concurrent using CC. I have some questions:

1. I understand that your reference to a form is a 1 page informal word document prepared by some attorney firm, Correct? I tried searching for another form on this thread; did not find any other document.

2. KS, you tried helping me on this one, in an earlier post. But I hadn't provided enough details. So, I am providing the details here. I have an approved EB3 I140 with a priority date of Jan 05. Now, I am applying for EB2 I140/I485 using CC with the same company. Although my EB2 PD (Oct 06) is current, would it make sense to port my old case's priority date? Would I stand a risk of affecting my EB2 case in case I try to port PD, since both applications are for me (different positions) from the same company. Using PD of Jan 05 will only help me expedite my case a little more, I guess. As I understand, using PD 05 portability, I would be able to put my application on top of all the applications being processed currently.

Thoughts? Any inputs will be greatly appreciated.

Thanks!

WellWisher,

1. Use the PDF form that WilliamTT had originally used several months ago and Pranju recently dug up.
http://boards.immigrationportal.com/showthread.php?t=189753&page=79&pp=15
Scroll down to find Pranju's message with the two attachments, and use the PDF.

2. I'm not too familiar with PD portability, especially between EB categories. Not quite certain how that works, but from what I know, its certainly possible. Try doing a google search for it, or better yet, look it up on this board. I'd suggest getting input from your attorneys on this matter. I know its definitely possible, but I don't want to mislead you with erroneous information. For the 485, I'm not sure how big a difference the labor PD makes. I've seen cases with freshly approved labors and 140s plow through other "older" applications. Even the USCIS published 'now processing' dates go by, I believe, the 485 Receipt Date. And of course, there is the FBI name check aspect to keep in mind. However, it wouldn't hurt to get an older priority date, but again, I can't speak too much towards it. Does anyone else have any more information on this?

 

[WellWisher007]

Thanks Ks

Thanks Ks!!! People like you and UN know more than the lawyers and definitely help in ensuring that the processing time of our cases is not delayed due to inadequate information submitted. Thanks for the link to the form.

If you see the section II on the form, it requests for retention of 'Priority Date of earlier application', so it would help me in my request for retention of 'Priority Date' as well'.

Thanks!

WellWisher,

1. Use the PDF form that WilliamTT had originally used several months ago and Pranju recently dug up.
http://boards.immigrationportal.com/showthread.php?t=189753&page=79&pp=15
Scroll down to find Pranju's message with the two attachments, and use the PDF.

2. I'm not too familiar with PD portability, especially between EB categories. Not quite certain how that works, but from what I know, its certainly possible. Try doing a google search for it, or better yet, look it up on this board. I'd suggest getting input from your attorneys on this matter. I know its definitely possible, but I don't want to mislead you with erroneous information. For the 485, I'm not sure how big a difference the labor PD makes. I've seen cases with freshly approved labors and 140s plow through other "older" applications. Even the USCIS published 'now processing' dates go by, I believe, the 485 Receipt Date. And of course, there is the FBI name check aspect to keep in mind. However, it wouldn't hurt to get an older priority date, but again, I can't speak too much towards it. Does anyone else have any more information on this?

 

[WellWisher007]

Also, with regards to CC, from the experiences that you have heard of in the last 1 year, do you suggest going for 'Consular processing' in my spouse's country rather than doing an 'Adjustment of Status' within the US. Would that expedite our processing in any way?

Thanks Ks!!! People like you and UN know more than the lawyers and definitely help in ensuring that the processing time of our cases is not delayed due to inadequate information submitted. Thanks for the link to the form.

If you see the section II on the form, it requests for retention of 'Priority Date of earlier application', so it would help me in my request for retention of 'Priority Date' as well'.

Thanks!

 

[prezcalvin]

Hey guys
Just got an email from CRIS. My EAD renewal was approved today. Wife's is still pending, but I expect that should come through within the next few days. This is the VSC, RD was Jan 18 2006....
And so begins life on EAD Number 2...
APs are pending. Will post when I get any updates.
Regards
k

I guess some approval is better than no approval, so congrats Hope the big one lands up soon.

On this EAD front, I have a question, that I hope Ks_cc (or anyone else) can help with. As you may know from my posts, my labor is approved and I-140 / 485 is about to be filed (the lawyers are delaying it, but I hope it will be filed by the end of Feb latest).

Now, there is a chance that my company will have layoffs in July (they always have layoffs in Jan or July). I hope to escape the axe but it is better to be prepared for it and hence the questions.

Since my 140 will be filed premium processing, for the sake of these questions, let's assume that 140 has been approved. Also, since the layoffs happen in July, it still won't be 180 days since 140/485 were filed.

Q1) I get laid off in July, EAD not approved yet. I assume in this situation, I'm screwed. Even if I get a new job, it's back to square one, right?

Q2) Let's assume that the EAD has come through before July. How does this help me? Obviously AC-21 can't apply cos 180 days are not up, but with the EAD does my GC process stay where it is ? Is it legal to not have a job if the EAD has been approved ? Can I continue to be in this state indefinitely , just keep renewing and sitting at home/working at Starbucks/working in a completely different job till I get the GC ?

Q3) I am not quite sure about the differences between EAD and AC-21 . Can someone elucidate if it is simple enough.

Thanks very much in advance!

 

[ks_cc]

Thanks Ks!!! People like you and UN know more than the lawyers and definitely help in ensuring that the processing time of our cases is not delayed due to inadequate information submitted. Thanks for the link to the form.

If you see the section II on the form, it requests for retention of 'Priority Date of earlier application', so it would help me in my request for retention of 'Priority Date' as well'.

Thanks!

Hi WellWisher,
Naah, I wouldn't say we know more than attorneys...I think we gain insight into a myopic aspect of the immigration statutes since we live them every single day. Disbursement of knowledge is a wonderful thing, and I don't know what we would've done without the Internet.
Hope our experiences with CC over the past year helps folks such as yourself in ensuring that you have a smoother sail than we did in our initial stages.

 

[ks_cc]

AP Renewal

Hey guys
Got emails from CRIS....my Advanced Parole renewal was just approved. My wife's EAD and AP are still pending....odd...since they were approved on the same day last time.

 

[ks_cc]

Also, with regards to CC, from the experiences that you have heard of in the last 1 year, do you suggest going for 'Consular processing' in my spouse's country rather than doing an 'Adjustment of Status' within the US. Would that expedite our processing in any way?

Yeesh..I typed out a long message only to have the server swallow it.
Anyway. I think everyone on this thread has opted for AOS rather than Consular Processing. I think its a matter of personal preference. As for me, I'd rather not have to go through the process of securing a consular appointment, etc etc. AOS works best since you're here and don't need to take a trip back home. That being said, its interesting that you mention this, because CC is a Consular Processing concept, which AOS has benefitted from, since apparently from what I know, the regulations appear in the Dept of State guidelines which CP follows but arent explicit in the INA, which I guess is more towards the AOS.
Regardless, note that either process goes through the name check, the longest part of the process.

 

[ks_cc]

I guess some approval is better than no approval, so congrats Hope the big one lands up soon.

On this EAD front, I have a question, that I hope Ks_cc (or anyone else) can help with. As you may know from my posts, my labor is approved and I-140 / 485 is about to be filed (the lawyers are delaying it, but I hope it will be filed by the end of Feb latest).

Now, there is a chance that my company will have layoffs in July (they always have layoffs in Jan or July). I hope to escape the axe but it is better to be prepared for it and hence the questions.

Since my 140 will be filed premium processing, for the sake of these questions, let's assume that 140 has been approved. Also, since the layoffs happen in July, it still won't be 180 days since 140/485 were filed.

Q1) I get laid off in July, EAD not approved yet. I assume in this situation, I'm screwed. Even if I get a new job, it's back to square one, right?

Q2) Let's assume that the EAD has come through before July. How does this help me? Obviously AC-21 can't apply cos 180 days are not up, but with the EAD does my GC process stay where it is ? Is it legal to not have a job if the EAD has been approved ? Can I continue to be in this state indefinitely , just keep renewing and sitting at home/working at Starbucks/working in a completely different job till I get the GC ?

Q3) I am not quite sure about the differences between EAD and AC-21 . Can someone elucidate if it is simple enough.

Thanks very much in advance!

Hi Prez,

Yes, approvals are definitely better than none at all. The freak mode in me is worried that for some reason my wife's cases have been separated from mine, as I think they should've been approved together. I'll give it a week or two before calling the VSC.

Onto your questions:

Q1) I get laid off in July, EAD not approved yet. I assume in this situation, I'm screwed. Even if I get a new job, it's back to square one, right?
A. Unfortunately yes. It would not have been 180 days since filing for your 485, so you cannot use AC-21. AC-21 can be used to switch employers only after 6 months have passed, as long as its a similar capacity job, etc.


Q2) Let's assume that the EAD has come through before July. How does this help me? Obviously AC-21 can't apply cos 180 days are not up, but with the EAD does my GC process stay where it is ? Is it legal to not have a job if the EAD has been approved ? Can I continue to be in this state indefinitely , just keep renewing and sitting at home/working at Starbucks/working in a completely different job till I get the GC ?
A. Not necessarily. As with question A, if for whatever reason you are not employed with the sponsoring employer anymore, your 485 is in trouble. EAD is issued only based on having filed for AOS (485). I believe an approved 140 might be an out, but I will get back to you on that.

Q3) I am not quite sure about the differences between EAD and AC-21 . Can someone elucidate if it is simple enough.
A. AC-21 has little to do with EAD. EAD allows you to work part time for anyone you wish, you may start a business, etc, and for all intents and purposes, its like a starter green card as long as you stay employed full time with your sponsoring employer. AC-21 allows you to switch employers, in other words, undertake a new job with a new employer full time (as long as the jobs match up). I think to use AC-21, your 140 needs to be approved, but I cannot be 100% sure.
Now, once you switch employers using AC-21, you can work for said employer using the EAD rather than an H1-B visa.
Does that help?

 

[prezcalvin]

Helpful as always Ks. Thanks!

So let me get this straight. The EAD is worthless if I'm not with my current employer for 180 days and get laid off - right ?

So, only recourse is wait for 180 days and if I get laid off after that, switch to a similar job with an AC-21. Is there a grace period to look for a job for this ?