Concurrent Filing - Using Cross Chargeability

prezcalvin said:
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 ?
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Hi Prez,

Indirectly, yes. Its a domino effect or sorts. The EAD (765) is based on you having filed for AOS (485). The 485 in turn is based upon your employer/petitioner filing the 140 (concurrently or otherwise). The 140 in turn is based on the job that the petitioner is sponsoring you for.
So if the job goes, so goes the 140, as goes the 485, and ditto the EAD. Also remember that the 485 cannot be approved unless the 140 is approved. So, in my opinion, push for getting the 140 filed under the premium processing.

In a matter of speaking, yes, the EAD is of no use to you if you are not with the current employer for 180 days and get laid off. However, if you see yourself going under the radar and being spared the axe, you can always use the EAD for a secondary job if you chose to. For instance, I'm working for the DoD on the side (yes, its ironic...declassified stuff so no security clearance reqd) besides my regular job.

As far as the 180 day switch is concerned, it shouldn't be an issue if you get laid off after that. Go to the main page of this board (I-485 Issues) and they have a dedicated area for AC-21 which can get you a plethora of pertinent information. Worst case, the USCIS would issue you an RFE for the 485s, but as long as you have all requisite documentation, you're golden. I think some schools of thought suggest notifying the CIS when you use AC-21, and others argue against it since it takes an inordinate amount of CIS processing time to do so and the same can be accomplished if an RFE comes along in the future.

Check out this thread...
http://www.immigrationportal.com/forumdisplay.php?f=121
It covers the "what if you're laid off before 180 days".
I swear, immigrationportal is like the google of immigration related stuff...ask and you shall receive.
 
Got it! Thanks Ks! Yeah, I hope to escape the murdering layoff axe, but one never knows.. I'm not too worried at this point though *fingers crossed *.

You working at the DoD is irony at its best! You should push some big boss there to talk to his counterpart at the FBI and get your name check out of the way :)
 
Cover sheet for Cross chargeability

pranju said:
Hi Ks ,

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

thanks
Pranju
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Hi pranju,

This form should definitely get the mail room persons attention. However, I am unable to find the form posted by you on INS web site for forms. My lawyer would like to verify the form before accepting it.

Can anyone help??
 
Amen! I do hope that I will cruise through this final I140/I485 process.

I agree internet is a blessing and self-less people like you helping others are truly wonderful.

Thanks!

ks_cc said:
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.
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CC: With regards to CP v/s AOS, that was exactly my thought. Since CC is explicitly defined for CP, While for AOS it is just a derived rule not explicity defined, would going for CP make a CC case simpler and faster?.

Name-check: Is name-check a mandatory step followed as part of the process OR is it done random for some applicants. If it is a mandatory step, why does it take a few days for some applicants while for others it takes years.

Thoughts?

ks_cc said:
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.
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I suggest that you convince your employer/attorney to file your I-140/I-485 the earliest possible, then count 180 days, convince your employer to keep you on payroll until the 180 days is up. In the meanwhile, look for another job to switch at the end of 180 days.

This is possible through a very diplomatic communciation. Talk to everybody possible - your HR, your immediate supervisor, your supervisor's boss. You can do it!

Thinking of other possibilities is good. As KS mentioned, EAD may not be the solution for your issue. Try to focus on the above approach that I mentioned.

Good Luck!

prezcalvin said:
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 ?
Click to expand...
 
Prez, One additional information: Even if you are laid off prior to completion of 180 days from the I-485 filing, and have your I-140 approved, you can use the approved I-140 for the 'priority Date' transfer to any new GC case that you apply through another company. In short, you can take the priority date of your old case along with you, as long as the case was not fraudulent. So, Premium processing of I-140 would help you in your situation, especially if your visa numbers are retrogressed or have the possibility of getting retrogressed in future.

ks_cc said:
Hi Prez,

Indirectly, yes. Its a domino effect or sorts. The EAD (765) is based on you having filed for AOS (485). The 485 in turn is based upon your employer/petitioner filing the 140 (concurrently or otherwise). The 140 in turn is based on the job that the petitioner is sponsoring you for.
So if the job goes, so goes the 140, as goes the 485, and ditto the EAD. Also remember that the 485 cannot be approved unless the 140 is approved. So, in my opinion, push for getting the 140 filed under the premium processing.

In a matter of speaking, yes, the EAD is of no use to you if you are not with the current employer for 180 days and get laid off. However, if you see yourself going under the radar and being spared the axe, you can always use the EAD for a secondary job if you chose to. For instance, I'm working for the DoD on the side (yes, its ironic...declassified stuff so no security clearance reqd) besides my regular job.

As far as the 180 day switch is concerned, it shouldn't be an issue if you get laid off after that. Go to the main page of this board (I-485 Issues) and they have a dedicated area for AC-21 which can get you a plethora of pertinent information. Worst case, the USCIS would issue you an RFE for the 485s, but as long as you have all requisite documentation, you're golden. I think some schools of thought suggest notifying the CIS when you use AC-21, and others argue against it since it takes an inordinate amount of CIS processing time to do so and the same can be accomplished if an RFE comes along in the future.

Check out this thread...
http://www.immigrationportal.com/forumdisplay.php?f=121
It covers the "what if you're laid off before 180 days".
I swear, immigrationportal is like the google of immigration related stuff...ask and you shall receive.
Click to expand...
 
WellWisher007 said:
Amen! I do hope that I will cruise through this final I140/I485 process.

I agree internet is a blessing and self-less people like you helping others are truly wonderful.

Thanks!
Click to expand...
:) Anytime...glad to be of any help I can be! We're all in this together.
 
WellWisher007 said:
Prez, One additional information: Even if you are laid off prior to completion of 180 days from the I-485 filing, and have your I-140 approved, you can use the approved I-140 for the 'priority Date' transfer to any new GC case that you apply through another company. In short, you can take the priority date of your old case along with you, as long as the case was not fraudulent. So, Premium processing of I-140 would help you in your situation, especially if your visa numbers are retrogressed or have the possibility of getting retrogressed in future.
Click to expand...

Wellwisher,

Thanks for your comments. Yes, being able to carry over the I-140 PD would definitely be a blessing, although theoretically with CC and my wife's current country of birth (UK), it shouldn't make a diff. But then again, this thread shows that CC still isn't understood that well by USCIS, so keeping my old PD (10/'03) will be crucial!

I hope it won't come to it and by the end of 2007 I've got the prized GC. :S
 
If you are EB2, it may not make a big difference, except for the fact that your case may be put on top of all the 'Current' cases, which may expedite your case by a couple of months.

If you are EB3, then carrying your PD along with you, does make a big difference, since EB3 worldwide is retrogressed as well.

Also note that the visa bulletins keep on changing every month. If you are Eb2, you can use CC and apply, as of today. Next month, if the Eb2 worldwide category also is retrogressed ('never' say 'never' :)), that's where your old PD of 10/03 would help.

My suggestion is to use PD retention possibility even if your case would be 'Current' under current circumstances.

Thanks!

prezcalvin said:
Wellwisher,

Thanks for your comments. Yes, being able to carry over the I-140 PD would definitely be a blessing, although theoretically with CC and my wife's current country of birth (UK), it shouldn't make a diff. But then again, this thread shows that CC still isn't understood that well by USCIS, so keeping my old PD (10/'03) will be crucial!

I hope it won't come to it and by the end of 2007 I've got the prized GC. :S
Click to expand...
 
KS, please provide inputs

KS,

I am applying for the following:
I140/I485/G325/I765/I131

Can you confirm if I am missing something? In addition to the above forms and the supporting documents, I would also be attaching the 'Cross-chargeability' and 'Priority Date Retention' form that you referred me to. Any other tips or suggestions that you would like to provide, so that my process is not delayed.

Thanks!
 
Wife's EAD Renewal

Folks
Just got emails from CRIS that my wife's EAD renewal application has been approved. I got email for my EAD that card production was ordered. Both took about three weeks at VSC, less than three weeks actually. My AP renewal was approved yesterday, so according to this trend, my wife's AP should be approved tomorrow I guess.
Well, this takes us through Feb of 2008. Gosh I hope the green cards come through well before we have to apply for our third go arounds.
 
WellWisher007 said:
KS,

I am applying for the following:
I140/I485/G325/I765/I131

Can you confirm if I am missing something? In addition to the above forms and the supporting documents, I would also be attaching the 'Cross-chargeability' and 'Priority Date Retention' form that you referred me to. Any other tips or suggestions that you would like to provide, so that my process is not delayed.

Thanks!
Click to expand...
Hi WellWisher,
Looks like you've got all you need. The biographic forms...the 325...there are four of them, correct? Besides the 140, which is for you only, just ensure that your spouse has the same forms set and make sure you've all signed all pertinent areas. Double check the pictures for the EAD and AP, and you're good to go.
Besides the CC and PD form, I'd suggest just attaching a general cover page that says "ATTN: SUPERVISOR". I don't really think its needed at this stage though.
GOOD LUCK and keep us posted on the progress.
 
Thanks KS! I really appreciate this.

ks_cc said:
Hi WellWisher,
Looks like you've got all you need. The biographic forms...the 325...there are four of them, correct? Besides the 140, which is for you only, just ensure that your spouse has the same forms set and make sure you've all signed all pertinent areas. Double check the pictures for the EAD and AP, and you're good to go.
Besides the CC and PD form, I'd suggest just attaching a general cover page that says "ATTN: SUPERVISOR". I don't really think its needed at this stage though.
GOOD LUCK and keep us posted on the progress.
Click to expand...
 
Hi, I got my LC in Sep06, after that compnay changed their law firm, that slowed down my GC process. NOw the new law firm is telling us that since I dont have 5+ years of experience while I joined the company (my RIR application was filed in Oct 2003) , they will not sign the papers for I-140 filing. My HR kind enough is ready to do the paper work himself but I still have doubts why lawer would say that "I was lucky to het LC with this application"

I have few questions....
- What are the criteria's I need to fulfill to file for I-140
- After LC approval is I-140 is the next step?
- Can I file for EAD & 485 together?
- What other applications I can file together

Please please kindly help......
 
Last edited by a moderator:
Tracker updated

Tracker updated,

nidhin_n is the last guy added.

New guys please update ur signatures after filing 485 and post and I will update the Excel file.

-Still
 
Are forms G325 sent along with all the forms?

ks_cc said:
Hi WellWisher,
Looks like you've got all you need. The biographic forms...the 325...there are four of them, correct? Besides the 140, which is for you only, just ensure that your spouse has the same forms set and make sure you've all signed all pertinent areas. Double check the pictures for the EAD and AP, and you're good to go.
Besides the CC and PD form, I'd suggest just attaching a general cover page that says "ATTN: SUPERVISOR". I don't really think its needed at this stage though.
GOOD LUCK and keep us posted on the progress.
Click to expand...
 
unitednations said:
Fellow members; it is with great sadness that I inform you that the person who started this thread "radd" passed away last week.

I knew Raja Pitchai since Feburary 2006. He approached me to help on his case (he wanted assessment of ability to pay and use cross chargeability). He was a real nice person. A person whom I didn't know really well but the dealings I had with him, made me appreciate him as a person.

he was stuck in name check. he had called me many months ago and informed me that he had a brain tumor and that he should be ok. His wife called me a couple of days ago and informed me that he went into a coma and was pronounced dead. She is in the process of winding up her affairs and moving to Australia and taking her two young U.S. Citizen children with her.

She is a strong women and I commend her. Raja and his wife had no relatives in USA. she informed me that at his funeral there were so many people who attended because of the type of person he was.

Please put Raja (radd) in your prayers and thoughts and wish the best of luck to his wife and two children.
Click to expand...

UnitedNations,
I'm just stunned and shocked. I came to know Radd well over the internet over the course of the past year. I've always credited him and been very grateful to him for starting this thread and being a guiding light to the rest of us that were sailing in his boat. I remember sending him a note a couple of weeks ago asking if he had renewed his EADs and he mentioned having looked in immigrating to Australia.
I don't know what else to say. This is just very very shocking. My prayers and thoughts are with his wife and children.
 
Radd

http://www.immigrationportal.com/showthread.php?t=189753&page=79

It still hasn't sunk in and I still do not believe that the above was the last communication that we had with Radd. I don't mean for this to deviate from the topic, nor as an eulogy to Radd, but it is my strong opinion that each and every one of us on this message board who have gained knowledge and support via its contents owe a great deal to Mr. Pitchai.

Raja/Radd, on behalf of all of us, we sincerely thank you for all your help over the past year. We appreciate all you have done for us. Although we never got the pleasure of meeting you, nor knowing you on a personal level, our correspondence over the past year has me convinced about the fact that you were a wonderful person and shall sorely be missed by all who had the pleasure of knowing you.
God speed Radd.
 
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