Concurrent Filing - Using Cross Chargeability

bcktcnd said:
ks_cc and/or other gurus,
I have an EB2 application languishing at NSC for about 6 months now.
My spouse's dependant I-485 has also been submitted at the same time.

She is also employed and her old (2003) EB3 LC just came through from BECs. Even though it is kinda old it is still >2 years backlogged. Therefore, I was thinking that she can apply for I-485 as EB2 claiming cross changeability based on me.
Of course, the useles lawyers at her firm naver mentined CC to start with. They acknowledged possiblity after she brought it up but then they said she cannot apply for CC I-485 since she already has AOS pending based on my app?!

Is this just lawyer BS or there is such provision preventing CC in our case?

You may ask yourself why I am going with this CC hustle with my wife's application while my I-485 case is already 'mature'. The reason is that you never know how long it will take and also her job is fairly stable which is very unlike mine.

Thanks in advance to anyone who can help with an opinion.
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bcktcnd,
Interesting situation. First off, what country have you charged your 485 to? I assume it's World and you're not from either India or China, since they wouldn't have accepted your application to begin with.
Now, if I understand correctly, you already have your wife listed as a derivative on your 485 with you as the primary. From what I gather, she also has an EB3 labor. Since she's already filed as your beneficiary, I am not quite sure why you want to detach her from your case and have her file under EB3?
Sorry if these are silly questions, I'm just confused. Are you saying that you want HER to be the primary since her job is stable, and for you to be the beneficiary?
I do believe that you can withdraw pending AOS applications, but I don't understand why you'd be bothering with it. I was under the impression that EB2 World is currently better off than its EB3 counterpart and the latest visa bulletin alluded that EB3 may retrogress further. If you've got a bird in hand...???
 
ks_cc,
thanks for the reply.
We are both in the "World" category. My idea was to have 2 parallel AOS processes going ... So the cross-charge is EB3-EB2 (to allow my wife to file now as EB3 World is retrogressed pretty much the same as China and India and EB2 World is current). This may be a pipe dream and I am realizing I should have probably done more research on this myself ...
So I am hoping for her to be a primary applicant on that parallel AOS.
I agree with you that it would be stupid to give up my current application in any form or fashion (I believe I may be close) but I am kinda grasping at straws at my present job ...

Thanks again.
ks_cc said:
bcktcnd,
Interesting situation. First off, what country have you charged your 485 to? I assume it's World and you're not from either India or China, since they wouldn't have accepted your application to begin with.
Now, if I understand correctly, you already have your wife listed as a derivative on your 485 with you as the primary. From what I gather, she also has an EB3 labor. Since she's already filed as your beneficiary, I am not quite sure why you want to detach her from your case and have her file under EB3?
Sorry if these are silly questions, I'm just confused. Are you saying that you want HER to be the primary since her job is stable, and for you to be the beneficiary?
I do believe that you can withdraw pending AOS applications, but I don't understand why you'd be bothering with it. I was under the impression that EB2 World is currently better off than its EB3 counterpart and the latest visa bulletin alluded that EB3 may retrogress further. If you've got a bird in hand...???
Click to expand...
 
bcktcnd said:
ks_cc,
thanks for the reply.
We are both in the "World" category. My idea was to have 2 parallel AOS processes going ... So the cross-charge is EB3-EB2 (to allow my wife to file now as EB3 World is retrogressed pretty much the same as China and India and EB2 World is current). This may be a pipe dream and I am realizing I should have probably done more research on this myself ...
So I am hoping for her to be a primary applicant on that parallel AOS.
I agree with you that it would be stupid to give up my current application in any form or fashion (I believe I may be close) but I am kinda grasping at straws at my present job ...

Thanks again.
Click to expand...

Hello bcktcnd,
Ok, now I understand what your question is. I think you may have been mistaken on what cross chargeability is. Cross chargeability has little to do with converting an EB3 to an EB2 or amending EB categories.
CC allows individuals such as myself, who are from countries that currently do not have visa numbers available (such as India) to use ones spouses country of birth (Japan in my case) to file for AOS. This also applies if the applicant's parents are born in a non retrogressed country.
But regardless, I do not think that as an AOS applicant you can have more than one AOS case to your name, unlike for a labor certificate, where individuals have had several labors. Since the labor is job and position specific, and an AOS is applicant specific, multiple AOS applications cannot be filed by the same individual. You need to withdraw an existing one if filing another for whatever reason. The "A-Number" which gets assigned to an AOS applicant is a good example..you get one A-Number, but if you file another AOS petition, you cannot be granted another A Number without invalidating that first one....you just cannot have one person holding two green cards.
Hope this helps.
 
bcktcnd said:
ks_cc,
thanks for the reply.
We are both in the "World" category. My idea was to have 2 parallel AOS processes going ... So the cross-charge is EB3-EB2 (to allow my wife to file now as EB3 World is retrogressed pretty much the same as China and India and EB2 World is current). This may be a pipe dream and I am realizing I should have probably done more research on this myself ...
So I am hoping for her to be a primary applicant on that parallel AOS.
I agree with you that it would be stupid to give up my current application in any form or fashion (I believe I may be close) but I am kinda grasping at straws at my present job ...

Thanks again.
Click to expand...
Oh wait a second...I just reread this....since you are filed in EB2, and your wife is a derivative, she is automatically considered an EB2 case. The EB2 definitely takes precedence over her EB3. Long story short, I don't suggest you withdrawing your EB2 application for filing EB3...
 
Thanks ks_cc
ks_cc said:
Oh wait a second...I just reread this....since you are filed in EB2, and your wife is a derivative, she is automatically considered an EB2 case. The EB2 definitely takes precedence over her EB3. Long story short, I don't suggest you withdrawing your EB2 application for filing EB3...
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huizet said:
Thanks for the info ks. I have notified my attorney of the error and am waiting to see what he thinks is the best course of action. I got my SSN way back when I was in school. my wife came to this country last year and she did not get an opportunity to get any SSNs. As you mentioned that this is more of an irritant that we need to take care of asap.
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ks_cc
We went to the SSN office today. The officer asked my wife, what is the current spelling for your name. She verified the EAD and issued us a receipt for the application and mentioned that we should hear about it in the next 4 weeks or so. I think the SSN people are aware of the typos :). Spoke to my attorney who mentioned that he will work on correcting the typo.
 
navneetsharma said:
Still,

I did not ask them when the SC was initiated. Infact earlier they never even used to give me the info if the security check is pending or not. They simply used to say that we are not supposed to give that info. It did not cross my mind when the rep actually told me the SC was pending that I could take a chance and ask the date it was initiated. Maybe another time.

I plan to put in the status inquiry today though. Dosent hurt to atleast make them work on sending me a letter (even if it is a standard one with the SC pending status)

-Navneet
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When the Rep takes all ur info for filing the enquiry make sure u mention CC and make him/her write it, spell it out if required.

About SC status:
1. The national center Reps do not have the info so no point asking.
2. The respective center(TSC,NSC,VSC) reps will give u the info if u r 30+ days outside 485 proc times else there standard reply is "due to security reasons we cannot divulge with the SC status info"

This is based on my exp and going thru the various 485 threads.

-Still
 
StillPatient said:
I called in and initiated an enquiry on the 20th of Feb. No LUDs on my 485.

-Still
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Hi Still
I wouldn't expect one. I had initiated inquiries on both my case and my wife's case back in December, and I got the blanket "security checks pending" letter from CIS on Jan 30 asking me to check back in 6 months (apparently a lot of other folks got the exact same letter dated the same). No LUDs on either my case, nor my wifes.
k
 
Hi Everyone,
- Who gets the papers for the AP? the attorney?
- Once the EAD cards have arrived, can one work part time in addition the the full time job.
-h
 
huizet said:
Hi Everyone,
- Who gets the papers for the AP? the attorney?
- Once the EAD cards have arrived, can one work part time in addition the the full time job.
-h
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Hello Huizet,
In my experience, the EADs have been mailed to us directly, but the APs have gone to the filing attorney.
Yes, you can start working part time, for whoever you like, for however many part time positions you like, as long as you maintain the full time job with the sponsoring employer.
Good luck
k
 
Ks,

Can you start your own company on a EAD, while you maintain the full time job with your sponsoring company?

Thanks in advance!

ks_cc said:
Hello Huizet,
In my experience, the EADs have been mailed to us directly, but the APs have gone to the filing attorney.
Yes, you can start working part time, for whoever you like, for however many part time positions you like, as long as you maintain the full time job with the sponsoring employer.
Good luck
k
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Status checks

I presume the following is the sequence of events once the papers are sent.
1) checks encashed
2) receipts for I140/I485/I131/I765 sent to lawyer
3) Each of the cases could be tracked online using the receipt #s received.
4) I140 gets approved (premium proc.)
5) FP notice sent to applicant's address?
6) Go for Biometrics to local USCIS office
7) I131/I765 gets approved
8) I485 gets approved

Pl. correct me if I am wrong

Thanks in advance!
 
WellWisher007 said:
Ks,

Can you start your own company on a EAD, while you maintain the full time job with your sponsoring company?

Thanks in advance!
Click to expand...
Hi WellWisher,
You certainly can. Of course as long as you maintain FTE with the sponsor. I did the same a year or so ago. I know folks who have gotten fancy and started their own recruiting firms and so on. I'm a little wary of that and for the most part, I believe in keeping it simple, such as a single member LLC, wherein, I undertake side projects under the LLC banner, until the 485s are approved.
 
WellWisher007 said:
I presume the following is the sequence of events once the papers are sent.
1) checks encashed
2) receipts for I140/I485/I131/I765 sent to lawyer
3) Each of the cases could be tracked online using the receipt #s received.
4) I140 gets approved (premium proc.)
5) FP notice sent to applicant's address?
6) Go for Biometrics to local USCIS office
7) I131/I765 gets approved
8) I485 gets approved

Pl. correct me if I am wrong

Thanks in advance!
Click to expand...

Perfect. Although in my case, our biometrics notices were sent to our attorney for some reason. If you go back and read one of my first posts, turns out I think I am an anamoly since usually individuals receive the notices. My attorneys office called me the day before the appt was scheduled and faxed over the appt notice to me.
 
Receipt Notice

Hi all,
My Attorney informed me that they received the Receipt Notice. Does this means that my application has been accepted (without any issues)?

NDH
 
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nidhin_n said:
Hi all,
My Attorney informed me that they received the Receipt Notice. Does this means that my application has been accepted (without any issues)?

NDH
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Yes! Congratulations. Now when you get your receipt numbers, open up a portfolio for yourself off the USCIS site and you can track you case(s).
 
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