Concurrent Filing - Using Cross Chargeability

Hey All, nice to see lots of new people on here.

Sorry been busy with work and my new daughter and lots of stuff. Anyway, just saw Mansarovar's post. Well, I've nothing new to report - all quiet on the western(?) front, so to speak. My company's started talking about outsourcing to China and cutting our engineering dept down to a skeleton - which is quite scary and I wish we'd hurry up and get that darned status that we covet. Anyway, nothing's changed since my 140 got approved - the only consolation being that I have a hopefully standing job offer that I could use to move to with AC21 if I were to be laid off. Bottom line is, right now job security seems to be something I think about more than immigration matters - doubly so since me and my wife both work in the same company. Anyway, that's that.

Good luck everyone,
vikram
 
Mansarovar300

did u do your FP after EAD/AP approval?
BTW did you submit colour copies of passport and driver's license...
I see some folks in nsc forum reporting RFE's for the same?
 
Hello Manas and welcome aboard. I bet StillPatient would probably add you to his tracker sheet.
Yes, there has been a dearth of approvals since Brittany several moons ago. I don't attribute it to the Service Centers overlooking the priority date. I can only speak to myself, and I can confirm that I'm stuck in name check, well, as the primary applicant, I am, but my wife is clear, so that holds up approval of both the 485s. Now, the person closest to my date at VSC was Radd, and we miss him, but he had mentioned that he and his wife were stuck in name check as well. Dbins was the other, but he has since refiled with NSC.
Prez asked the same question a few days ago, and my opinion is that as soon as you know for certain that your name check has been cleared, via Infopass appointments, or via your elected representatives, you can take the william route and crank up your efforts in sending letters to the Service Center. At that point, it would also behoove you to involve your congresspersons or your senators. The latter is especially true if your application has been delayed past their normal processing times, and past their published processing dates.
Also consider individuals who have used CC, but are not members of this forum, or those who haven't been members, but subsquently post their approval...there was an individual who did so a few months ago...I believe after Brittanys approval....I think his user Id was gotgcusingcc or something...NSC if memory serves me right.
Thanks ks_cc.
What is the best way to find out if you are stuck in security check?
I have heard that until your receipt date becomes current, the customer service people won't tell you anything. Would infopass appointment be any good? Can we make an infopass appointment before receipt date becomes current?
 
did u do your FP after EAD/AP approval?
BTW did you submit colour copies of passport and driver's license...
I see some folks in nsc forum reporting RFE's for the same?
Yes, I got FP after EAD/AP approval, there was a 1 day difference. No I have submitted colored copies of passport and license. I would love to get a RFE on my 485. That would tell me that something is happening :0)
 
did u do your FP after EAD/AP approval?
BTW did you submit colour copies of passport and driver's license...
I see some folks in nsc forum reporting RFE's for the same?

At the last minute my lawyer asked me for color copies of me and my wife's D/L and Passport biographic page. I went to FedEx/Kinko's and asked for the same. The guy looked at me suspiciously, then said they can't do it! Showed me a brochure that said it was illegal to do color copies of D/L, Passport etc.!! WTF?!

Anyway, I went back to the lawyer and he used their office's color copier to do the same.
 
This is strange; I have taken color copies of my passport pages at Kinko's w/o any issues!
At the last minute my lawyer asked me for color copies of me and my wife's D/L and Passport biographic page. I went to FedEx/Kinko's and asked for the same. The guy looked at me suspiciously, then said they can't do it! Showed me a brochure that said it was illegal to do color copies of D/L, Passport etc.!! WTF?!

Anyway, I went back to the lawyer and he used their office's color copier to do the same.
 
Do we need to send the Driver Licenses? I have not done so! Would it be a good idea to send the same proactively, using the reference to receipt #s that I received? Again, is this evidence required for I485 or I765 or I131?

Pl. advise!

This is strange; I have taken color copies of my passport pages at Kinko's w/o any issues!
 
Do we need to send the Driver Licenses? I have not done so! Would it be a good idea to send the same proactively, using the reference to receipt #s that I received? Again, is this evidence required for I485 or I765 or I131?

Pl. advise!

WellWisher,
I dont recall if I sent copies of my drivers ID or not...I might have just to cover my bases, but it may have been weeded out by the filing lawyer. I dont know for certain.
As far as sending more documents to the USCIS, I have read advice off of Murthy against sending them anything else unless THEY ask for it in terms of a request for evidence or request for information..RFE. I read that sending them additional documents after a filing has been done would take them longer to locate your file and match the documents to that file and so on.

Also, I am pretty certain that I did not send color copies of anything, nor have I been asked for them (yet).
 
Thanks for the advice, as always, KS! It makes perfect sense. I will wait for further communication from USCIS - probably a direct approval. I hope I do not receive any RFE.

WellWisher,
I dont recall if I sent copies of my drivers ID or not...I might have just to cover my bases, but it may have been weeded out by the filing lawyer. I dont know for certain.
As far as sending more documents to the USCIS, I have read advice off of Murthy against sending them anything else unless THEY ask for it in terms of a request for evidence or request for information..RFE. I read that sending them additional documents after a filing has been done would take them longer to locate your file and match the documents to that file and so on.

Also, I am pretty certain that I did not send color copies of anything, nor have I been asked for them (yet).
 
Do we need to send the Driver Licenses? I have not done so! Would it be a good idea to send the same proactively, using the reference to receipt #s that I received? Again, is this evidence required for I485 or I765 or I131?

Pl. advise!

Sorry, not sure where this evidence is used. But as Ks said, probably better to just wait for the RFE, if you get one at all.

Regarding the Kinko's experience, I guess I had the bad luck to run into the one employee who knows all their arcane laws! (It must be a Kinko's rule; cos he showed me an internal Kinko's employee guideline brochure! LOL )
 
Thanks Ks!; you were of great help!

USCIS personnel better accept the papers:); they were really well organized; If any of the new members to this thread want to know how my papers were organized in the package that we sent, please let me know and I will post the details!

I strongly believe that the way you present your case is critical for the expedited progress of one's case!

WellWisher, this is outstanding! Accepted on the first go-around. Congrats!
 
Documentation

can you let us know the documentations you submitted!!

NDH

Thanks Ks!; you were of great help!

USCIS personnel better accept the papers:); they were really well organized; If any of the new members to this thread want to know how my papers were organized in the package that we sent, please let me know and I will post the details!

I strongly believe that the way you present your case is critical for the expedited progress of one's case!
 
Documentation

"I am not saying that this is the ideal documentation or organization of documents; this is how I sent my documentation."
All 4 packages bound by a single folder went in a single envelope to USCIS; All packages had the cover page with the following in bold: 'Attention Supervisor', 'Cross Chargeability Case', 'Retention of Old Priority Date', '10 checks in total (Checks attached with each form)'

Package 1:
*Properly executed form I907 request for premium processing for the I140 (Check attached)
*Original Executed form G-28 Attorney of Record
*Memorandum on cross chargeability & retention of priority date (based on old approved I-140) as applied to our client. Mr. XXXXX is using his spouse’s nationality, XXXXXX, as the basis for visa availability
*Properly Executed form I140 signed by petitioner for the proffered position (Check attached)

Exhibits Supporting I140 of Mr. XXXXXX XXXXX:
Exhibit 1: Marriage Certificate with spouse on whose nationality
I485 is predicated with spouse’s birth certificate with trans-
lation to support ‘Cross- chargeability’ to country ‘XXXXXX’
for ‘ROW’ visa, allowing concurrent filing of I140/I485
Exhibit 2: Approved I140 with Priority Date of XXX XX, XXXX to
retain old Priority Date for this case
Exhibit 3: Original double-sided labor certification pursuant to
PERM
Exhibit 4: February XX, XXXX letter executed by petitioner in
support of position
Exhibit 5: Evidence of ability to absorb proffered salary—
2005/2006 reports on petitioner’s employment genesis and
profit outlook with original portfolio
Exhibit 6: All relevant INS-related I797 approval notices, including
but not limited to passport copies, identification page of
passport, previous I797 copies indicating continuous
status maintenance and current I94
Exhibit 7: December 2005 until present—copies of pay stubs to
Mr. XXXXXX XXXXX with applicant’s W-2 copies from petitioner
Exhibit 8: Documents to establish that minimum requirements
precipitating PERM approval were met prior to filing: To
wit—client’s diploma, mark sheets, transcripts, education
evaluations and Experience Letters.
Exhibit 9: Company XXXXXX’ 2005 Annual Report and Form 20-F


Package 2:
*I485 Application for Adjustment of Status for principal applicant Mr. XXXXXX XXXXX—medical attached thereto (Checks attached)
*I485 Application for Adjustment of Status for spouse Mrs. XXXXXX XXXXX – medical attached thereto (Checks attached):
*G325A Biographic Information for principal applicant Mr. XXXXXX XXXXX
*G325A Biographic Information for spouse Mrs. XXXXXX XXXXX

Exhibits Supporting I485 of Mr. XXXXXX XXXXX & spouse Mrs. XXXXXX XXXXX:
Exhibit 1: Memorandum of cross chargeability and priority date retention (Old Priority Date Retention based on an approved
I-140 with Priority Date of XXX XX, XXXX)
Exhibit 2: Marriage Certificate with spouse on whose nationality
I485 is predicated with spouse Mrs. XXXXXX XXXXX’s birth certificate with translation to support ‘Cross- chargeability’ to country ‘XXXXXX’ for ‘ROW’ visa, allowing concurrent filing of I140/I485

Exhibit 3: Approved I140 with Priority Date of XXX XX, XXXX to
retain old Priority Date for this case
Exhibit 4: Birth Certificate of principal applicant Mr. Mr. XXXXXX XXXXX

Exhibit 5: All relevant INS-related I797 approval notices, including
but not limited to passport copies, identification page of
passport, previous I797 copies indicating continuous
status maintenance and current I94 – Mr. XXXXXX XXXXX

Exhibit 6: All relevant INS-related I797 approval notices, including
but not limited to passport copies, identification page of
passport, previous I797 copies indicating continuous
status maintenance and current I94 – Mrs. XXXXXX XXXXX


Package 3:
* I765 Application for Employment Authorization for principal applicant Mr. XXXXXX XXXXX (Check attached)
* I765 Application for Employment Authorization for spouse Mrs. XXXXXX XXXXX (Check attached)

Exhibits Supporting I765 of Mr. XXXXXX XXXXX & spouse Mrs. XXXXXX XXXXX:
Exhibit 1: Identification/Bio pages of passport - Mr. XXXXXX XXXXX
Exhibit 2: Identification/Bio pages of passport – Mrs. XXXXXX XXXXX
Exhibit 3: Memo of cross chargeability and Priority Date retention

Package 4:
*I131 Request for Advance parole for principal applicant Mr. XXXXXX XXXXX (Check attached)
*I131 Request for Advance parole for spouse Mrs. XXXXXX XXXXX (Check attached)

Exhibits Supporting I131 of Mr. XXXXXX XXXXX & spouse Mrs. XXXXXX XXXXX:
Exhibit 1: Identification/Bio pages of passport - Mr. XXXXXX XXXXX
Exhibit 2: Identification/Bio pages of passport – Mrs. XXXXXX XXXXX
Exhibit 3: Memo of cross chargeability and Priority Date retention


can you let us know the documentations you submitted!!

NDH
 
Last edited by a moderator:
Tracker stands updated

DbIns -> your latest data has been updated in the tracker
Mansarovar3000 -> your data has been added to the tracker


WellWisher007 & prezcalvin -> Please update ur signatures so that I can add u to the tracker.


huizet & Mansarovar3000 -> Need ur PD(Priority Date) for the tracker.

Have been really busy with office and is changing residence this weekend so is busy.

-Still
 
My details:
NSC-EB2filled using Cross-chargibility Rule (PD Jul 04)
140/485/AP/EAD---RD 02/28/07
140 -- AD 03/06/07 Premium Processing


DbIns -> your latest data has been updated in the tracker
Mansarovar3000 -> your data has been added to the tracker


WellWisher007 & prezcalvin -> Please update ur signatures so that I can add u to the tracker.


huizet & Mansarovar3000 -> Need ur PD(Priority Date) for the tracker.

Have been really busy with office and is changing residence this weekend so is busy.

-Still
 
Have been really busy with office and is changing residence this weekend so is busy.
-Still

Hey Still
Thanks for keeping the tracker updated. Good luck on your move this weekend. Don't forget the AR-11 (I believe you can do it online now), and don't forget to call the 800 number and have them update your address. You'll get a couple of LUDs when you update your address.
Best
k
 
RFE Question

Guys, How many days does it take for an RFE notice reach the attorney once you get the online notification that an RFE has been issued. I got RFEs for both me and my wife for both AP and EAD. I got the email alerts on March 1st and 2nd. Nothing yet with 485.
 
DbIns -> your latest data has been updated in the tracker
Mansarovar3000 -> your data has been added to the tracker


WellWisher007 & prezcalvin -> Please update ur signatures so that I can add u to the tracker.


huizet & Mansarovar3000 -> Need ur PD(Priority Date) for the tracker.

Have been really busy with office and is changing residence this weekend so is busy.

-Still

Hey Still,

Thanks for doing this and good luck with your move. I haven't received the receipt dates yet for my 140/131/765/485. When I do, I'll let you know.

Details so far:

LC: EB2 Ca Non RIR -> PERM conversion, PD: 10/2003. AD: 01/2007
140: Premium Processing, no RD yet.
131/765/485: Filed using CC. No RD yet.
 
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