Concurrent Filing - Using Cross Chargeability

[johnmt100]

I am planning to use CC rule for my filing . This will be based on the spouse country of birth , which was issued by the indian embassy , which mentions it was issued based of the hospital records submitted . She was born in that country while her parents where working there . Do anyone has any prior experience on this using CC rules , how it was adjudicated ,
Thanks in advance

 

[ks_cc]

I am planning to use CC rule for my filing . This will be based on the spouse country of birth , which was issued by the indian embassy , which mentions it was issued based of the hospital records submitted . She was born in that country while her parents where working there . Do anyone has any prior experience on this using CC rules , how it was adjudicated ,
Thanks in advance

Hi Johnmt,
Yup, your case is not unlike any of the others on this thread, straight-forward cross chargeability (if there is such a thing as a straight-forward CC case).
Since the visa allocations go by country of birth, as long as you can submit evidence that proves your spouse's country of birth, you are good to go. I'd recommend reading through this thread and utilizing the CC PDF form and following steps that WellWisher recently posted when filing your AOS applications. Definitely post any more questions that you have and we'd try and help to the best of our knowledge and abilities.
Best
k

 

[gc_psraj]

Hi Guys,

Like my name suggests I am new here. I filed for my I-140 and I-485 concurrently based on my wife's country of birth. She was born in Australia however holds Indian citizenship. My I-485 however was sent back stating that "No concurrent applications allowed for Indians". My lawyers re-sent our I-485 documents. In the meantime our I-140 has gotten approved. Should I have any concerns about my I-485? I am worrried that it will be accepted [because my I-140 is approved] and queued in indian quota?

Also my h1-b is expiring in May. Do I have to do anything about it?

Last but not the least, this community is very supportive and definitely provides a lot of mental strength [needed especially because the wait is excruciating]

Newbie Here

newbie,
Don't feel worried. This is normal. My application was filed Nov 2006 and was rejected twice with "Visa dates not current", meaning they did not pay attention to CC request. However, I got through in 3rd attempt. The attorney should mark the letter to be opened only by a supervisor and not by the mail room staff. Also, attach a copy of the CC form that is posted in this thread as suggested by kc_cc. I used that in my 3rd attempt.

Thanks again

 

[pururwa]

Thanks Wellwisher/Prez/KS/All,

you can still use the old I140 as long as the old case was not fraudulent and USCIS withdrew the case. If the company withdraws your case, as long as you have a copy of the I140, you can use the old priority date.

Thank you all for your comments. So the outcome is:
1.) I can use the approved I-140 priority date while filing a new one with company B. Since I do have a copy of the approved I-140, I guess, it doesn't matter if company A withdraws it after I leave.
2.) I will have to file a new case (labor / I-140) with company B if I want to persue my GC with them.

Please let me know if the above statements are correct.

 

[WellWisher007]

The statements are correct; however, haven't you applied for your I-485 already through Company A? If you have, then it would make more sense for you to wait for 6 months from the date of the I-485 application and then switch jobs in the same field using AC-21 law. It is a bit risky though; however if Company B is big enough and if you could safely respond to any RFEs with the support of B, then it should not be a problem. In this scenario, you do not need to start a new GC process in Company B.

Thank you all for your comments. So the outcome is:
1.) I can use the approved I-140 priority date while filing a new one with company B. Since I do have a copy of the approved I-140, I guess, it doesn't matter if company A withdraws it after I leave.
2.) I will have to file a new case (labor / I-140) with company B if I want to persue my GC with them.

Please let me know if the above statements are correct.

 

[vikram77]

Whoa. Vikram...one of 3 things...either they're getting ready to transfer your case (highly highly highly unlikely), or, you can expect an RFE (highly highly unlikely, since its both cases), or, my opinion...break out the bubbly my friend.
Check if others are reporting mass LUDs. I dont want to get your hopes up, but this might be reason to celebrate.

Hey guys. Well, it was RFE's. Bunch of things for me..

Mine were for
- proving employement status since I mentioned on-campus employment when I was in school
- they want the approval notice from my 140
- a letter from my employer saying that i'm still here and the job and everything related still stands (somebody mentioned a few posts ago that moving companies didnt mean you had to have the old employer still back up the 140 - this might prove that wrong)
- OPT employment authorization - the old EAD from OPT
- copies of I94
- all 797's
- saying my birth certificate has a 'delayed registration' and want a copy of my original one
- copy of my 10th grade board certificate

For my wife
- complete immunization since she was pregnant at the time
- proving employement status since she mentioned on-campus employment when in school
- copies of I94

Well, this is going to be a big one - have to get cracking on it.

vik

 

[ks_cc]

Hey guys. Well, it was RFE's. Bunch of things for me..

Mine were for
- proving employement status since I mentioned on-campus employment when I was in school
- they want the approval notice from my 140
- a letter from my employer saying that i'm still here and the job and everything related still stands (somebody mentioned a few posts ago that moving companies didnt mean you had to have the old employer still back up the 140 - this might prove that wrong)
- OPT employment authorization - the old EAD from OPT
- copies of I94
- all 797's
- saying my birth certificate has a 'delayed registration' and want a copy of my original one
- copy of my 10th grade board certificate

For my wife
- complete immunization since she was pregnant at the time
- proving employement status since she mentioned on-campus employment when in school
- copies of I94

Well, this is going to be a big one - have to get cracking on it.

vik

I stand corrected. Well, if there is a silver lining to all of this, take note of the fact that someone is at least looking at your case. Moreover, note that in the case of Brittany, her cases were approved within three weeks of the RFE response being received by the service center. I'd suggest finding out if your name checks are complete, since if your RFE response satiates all that is asked for, then you're on your way towards the end of the journey.
Sorry you're going through this, at this point its as much an annoyance as it is procedural.

 

[vikram77]

I stand corrected. Well, if there is a silver lining to all of this, take note of the fact that someone is at least looking at your case. Moreover, note that in the case of Brittany, her cases were approved within three weeks of the RFE response being received by the service center. I'd suggest finding out if your name checks are complete, since if your RFE response satiates all that is asked for, then you're on your way towards the end of the journey.
Sorry you're going through this, at this point its as much an annoyance as it is procedural.

Hey ks, I dont know - hope it is. I've been thinking about the name checks all morning - just calling a cust rep at USCIS wont work will it? What's the POJ method?

Thanks
vik

 

[prezcalvin]

- saying my birth certificate has a 'delayed registration' and want a copy of my original one
- copy of my 10th grade board certificate

vik

Hey Vikram,

Sounds painful! I hope you can answerthem without problems. I'm just wondering what this 'delayed registration' means. My hospital in India did not issue a birth certificate when I was born, so I too got a registered copy of my birth cert in 2001, but it says 2001 on it. I presume your situation is similar. How are you going to respond to this RFE ? I don't know at this point what the hell I'll do if I get that RFE!

10th std board certs?! Man, these guys are crazy!

 

[WellWisher007]

What is an LUD? How do we know when there is an LUD on our case? In my case, on the online system, the 'Last updated date' has changed to 03/11/2007 from 03/06/2007, however the message within the 'Case details' has not changed. Is this date change considered as an LUD?

Thanks in advance!

Hey All

Just got LUDs on both our 485's - wonder what they're about...

vik

 

[vikram77]

What is an LUD? How do we know when there is an LUD on our case? In my case, on the online system, the 'Last updated date' has changed to 03/11/2007 from 03/06/2007, however the message within the 'Case details' has not changed. Is this date change considered as an LUD?

Thanks in advance!

LUD is a Last Updated Date - a datestamp that gets set to the current date whenever someone works your file. I'm just surprised that your LUD went backwards - wierd.

Hey, anyone explain the POJ method? I need to find out about name checks please.

Thanks
vik

 

[vikram77]

Ok, I tried it - she said my name check's still pending - so there !

Here's the POJ if anyone needs it

call 18003755283
enter 1, 2, 2, 6, 1
then your receipt number
then 1, 3, 4
and wait for the rep - long message at the end of this but it eventually goes to a rep.

vik

 

[vikram77]

Hey Prez

Yeah I guess I can answer them - might be a little abstract since they've asked for proof of employment authorization for campus employment. Just surprising that the folks at USCIS arent aware that F1 affords campus employment without having to request employment authorization. Maybe a rookie, started y'day huh?

Oh well...let's see what happens. Not quite sure what to do about the birth certificate though..I have the original from when I was born, but the one I submitted was a recent one with my full name - thought they'd send an RFE for it not showing the full name. Now they want the old one !

vik

 

[prezcalvin]

Hey Prez

Maybe a rookie, started y'day huh?

vik

Yeah, probably! LOL

The amount of luck involved in this whole deal is just mind boggling.

 

[WellWisher007]

Vik,

Why do you say that my LUD went backwards?; It actually changed from 03/06/2007 to 03/11/2007; however there is no change within the details when I click on the case; it is the same description that I had prior to the latest date update. Can this considered as a LUD? Should I be expecting an RFE?

Pl. advise!

LUD is a Last Updated Date - a datestamp that gets set to the current date whenever someone works your file. I'm just surprised that your LUD went backwards - wierd.

Hey, anyone explain the POJ method? I need to find out about name checks please.

Thanks
vik

 

[vikram77]

Vik,

Why do you say that my LUD went backwards?; It actually changed from 03/06/2007 to 03/11/2007; however there is no change within the details when I click on the case; it is the same description that I had prior to the latest date update. Can this considered as a LUD? Should I be expecting an RFE?

Pl. advise!

Lol, sorry - mixed up the from and to. You're good. No an LUD does not necessarily mean an RFE - just that something got updated on your case, somebody worked on it, some batch process updated it etc.

vik

 

[ks_cc]

Hey Vikram,

Sounds painful! I hope you can answerthem without problems. I'm just wondering what this 'delayed registration' means. My hospital in India did not issue a birth certificate when I was born, so I too got a registered copy of my birth cert in 2001, but it says 2001 on it. I presume your situation is similar. How are you going to respond to this RFE ? I don't know at this point what the hell I'll do if I get that RFE!

10th std board certs?! Man, these guys are crazy!

Agree with Prez. Grade 10 certificates, thats just mind boggling. In all fairness though, I don't know if I originally attached mine to my AOS application. I just wanted to throw whatever I had at them and let them weed out what they dont care about. But again, I don't remember now. But, just in case, make sure you save your Boy Scout certification for helping old ladies cross the street, and the 'rescue kittens from trees' certification.

 

[ks_cc]

What is an LUD? How do we know when there is an LUD on our case? In my case, on the online system, the 'Last updated date' has changed to 03/11/2007 from 03/06/2007, however the message within the 'Case details' has not changed. Is this date change considered as an LUD?

Thanks in advance!

Yup, you have an LUD. No reason to fret, it could be anything from an approval to an RFE, to standard case processing. This is not a bad thing. Maybe the 485 got an LUD because it reflected the linkage to your approved 140. No worries. LUDs are usually indicative that your application isn't lying in a box somewhere. Heck, my last one was back in June of 2006 reflecting an address change.

 

[ks_cc]

Ok, I tried it - she said my name check's still pending - so there !

Here's the POJ if anyone needs it

call 18003755283
enter 1, 2, 2, 6, 1
then your receipt number
then 1, 3, 4
and wait for the rep - long message at the end of this but it eventually goes to a rep.

vik

Ok neat. You're all done even before I got around to seeing the post
Actually Vikram, you're in the minority...lucky for you the service center rep answered your name check questions. Others across this forum haven't been as lucky, and as a matter of fact, the officers have been kind of curt with them, much to the chagrin of the individuals. Nothing worse than hanging up the phone worrying about whether you've ticked off an adjudicating officer who is looking at your cases.

 

[ks_cc]

Hey Prez

Yeah I guess I can answer them - might be a little abstract since they've asked for proof of employment authorization for campus employment. Just surprising that the folks at USCIS arent aware that F1 affords campus employment without having to request employment authorization. Maybe a rookie, started y'day huh?

Oh well...let's see what happens. Not quite sure what to do about the birth certificate though..I have the original from when I was born, but the one I submitted was a recent one with my full name - thought they'd send an RFE for it not showing the full name. Now they want the old one !

vik

Don't want to sound like I'm beating a dead horse, but look at the silver lining. Despite how beguiling it is to the rest of us common folk, the USCIS probably knows what they're doing. You may have just encountered an officer who goes completely by the book and is adhering to the letter of the law, which is actually a good thing. Now the documentation that was requested isnt necessarily a common thing...10th grade reports and the like...but at the same time, I would play devil's advocate and say that the person is just doing his or her job and doing it (presumably) well.
How does any of this benefit us? Simple....by the time you're done with your RFE Response, your case is 100% complete and has fulfilled all requirements that they've asked of you. Its essentially preadjudicated and all you then need to care about is the name check returning from the FBI, and then you're golden!!!