Concurrent Filing - Using Cross Chargeability

What file number are you talking about? where do you see this file #?

Hi everyone ,

If the CC packet have been rejected what does file number starting with A means ? it was N/ A first time but second time there is a number starting with A.

Thanks
Pranju
 
folks,
I had to abandon my 485 filing @VSC and persue a new application from scratch
due to variety of reasons and which was the best step forward for me too.
I sent a withdrawal letter to VSC just before filiing the second one and
there was LUD but no message change. The A# remains the same
and i have not got any fresh notice for FP yet..not sure how this is handled..
the fresh filing @NSC details are


NSC-EB2filled using Cross-chargibility Rule
140/485/AP/EAD---RD 01/22/07
140/485/AP/EAD---ND 01/25/07
AP - ??
EAD - ??
485 - Last LUD - 02/15
140 - AD - 01/30/07 --(via premium)


dbins01

what does the number starting with A means ? it is there on my rejection letter

thanks
Pranju
 
Thank you Well Wisher for the document layout

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 Chareability 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 page of passport - Mr. XXXXXX XXXXX
Exhibit 2: Identification page 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 page of passport - Mr. XXXXXX XXXXX
Exhibit 2: Identification page of passport – Mrs. XXXXXX XXXXX
Exhibit 3: Memo of cross chargeability and Priority Date retention
 
Sorry guys, was going nuts running around the last couple of days. Went to an INFOPASS appointment like you said ks. My wife's name check is cleared, mine's pending.

Hey Pranju, hang in there - its very dejecting but it will get there eventually - usually its 3rd time lucky.

Responses to people asking me stuff, sorry for the delay...

Hey Vik,

Sorry to harp on about the birth cert thing, but it would be of immense help for my peace of mind if you could clarify this :

So I went home last night and checked my birth cert. It has a field "Date of Registration": which is the same as my date of birth. Does it mean I don't have to worry about 'delayed registration'? I'm concerned because the date the registrar (or whoever) has signed it is a 2001 date, which is when I got a new one in India since my original birth cert has been misplaced. But even if I had the original birth cert, it didn't have any entry for my name, since my parents named me later! I guess it must be a common thing for many people born in the seventies or before, so most people must get new birth certs.

Anyway, when you said 'delayed registration', is that because the "Date of Registration" on your birth cert is a recent date and not within one/two weeks of your birth? Or is yours the same as mine and you still got the RFE?

Thanks man!

-Prez

Exactly, the date of registration on my BC was a 2006 date since the original doesnt have my name on it. Anyway, I've managed to get a school certificate from 1993 that does have my name and both my parents' names so the attorney says that ought to do.

[- copy of my 10th grade board certificate
Are you kidding me???? If i had to find those...i would be screwed. I have never heard of that. That was 20 years ago!!!!


I kid you not. But really, keeping your board certificates shouldnt be a very far fetched idea, should it? Though USCIS wanting it sure is.

Hey Vikram,

I saw your RFEs, its not as bad as it sounds. Once you give them what they want, with some explanation about the birth cert. I believe they will approve it right away.

One question: It takes almost 2 weeks to get the RFE in hand, How come you got the RFEs the next day after the LUD of 03/11/07 ?

good luck

The LUD's said 'we sent you RFE's on 3/6/07. The LUDS only showed up on the 11th.
 
Exactly, the date of registration on my BC was a 2006 date since the original doesnt have my name on it. Anyway, I've managed to get a school certificate from 1993 that does have my name and both my parents' names so the attorney says that ought to do.

Ok, thanks bud.
 
A # normally is the Alien #; Not sure what A number on your rejection letter means.

I received a A # on all my application receipts.

Pranju,
An A-number is assigned to you when you file for AOS. Like WellWisher said, it is your Alien Number and it gets assigned to you when you send your documents in. I suspect your A number may have been assigned based on your 140 filing since its an Immigrant Petition for a Alien Worker. The reason people file 140 is to enable AOS, so it may be assigned to you in lieu of that.
 
A # normally is the Alien #; Not sure what A number on your rejection letter means.

I received a A # on all my application receipts.

Pranju,
Just in case, and I dont think your apps would be sent back again, but just in case, draft up a letter to the CIS Ombudsman. Just google for CIS Ombudsman and read on how to submit case problems. If you need to go to plan B, make sure you're ready.
 
Sorry guys, was going nuts running around the last couple of days. Went to an INFOPASS appointment like you said ks. My wife's name check is cleared, mine's pending.

Vikram, you're obviously of Indian origin and obviously your wife is not (hence the CC). Does anyone see a pattern here? The primaries are stuck in name check...oddly of Indian origin..while their spouses get cleared. Very interesting.
 
What does your case being transferred to TSC mean in terms of it being approved ks_cc?

Sadly it means squat. This is part of the bi-specialization program they announced a while ago. Just went into implementation phase. All VSC 485s are being sent to TSC...ditto CSC to NSC. So no surprise there...I was expecting it to happen, and sure enough. Maybe I should expect getting approved a little harder and that may come true sometime this decade.
Unfortunately the only thing this transfer means is that instead of waiting in VT, I'm now waiting in TX....additionally, we cannot use the "hey VSC, we're neighbors...are you guys wicked cold too ice-breaker" thing when making congressional enquiries or calling VSC via POJ.
 
Ead

I got my Employment Authorization Card it's effective from March 2nd 2007. No AP as yet.
Can some please update the tracker?
 
Vikram, you're obviously of Indian origin and obviously your wife is not (hence the CC). Does anyone see a pattern here? The primaries are stuck in name check...oddly of Indian origin..while their spouses get cleared. Very interesting.

Ha ha ! Well, hate to break up your conspiracy theory but my wife's of Indian origin too - she was born and lived most of her life in Bahrain. But the two of us were just today talking about if USCIS deliberately clears the derivate name check and not the primary applicant's for simple sadistic pleasure. Well, let's hang in there - not much else we can do.

vik
 
Now processing dates for TSC

Hey Guys,

The 'Now Processing' dates for 485 at TSC was recently updated to Sept 13th 2006. Iam not sure how relevant that is with regards to the order in which the applications are processed due to the background check delays, however atleast we know its moving!

No LUDs or updates on my applications since the three luds i got in succession when my fp was done (2 months ago) :(
 
What do the processing dates reflect? I140/485 Receipt Dates OR Priority Dates (Dates on which your labor were applied)

Hey Guys,

The 'Now Processing' dates for 485 at TSC was recently updated to Sept 13th 2006. Iam not sure how relevant that is with regards to the order in which the applications are processed due to the background check delays, however atleast we know its moving!

No LUDs or updates on my applications since the three luds i got in succession when my fp was done (2 months ago) :(
 
What do the processing dates reflect? I140/485 Receipt Dates OR Priority Dates (Dates on which your labor were applied)
The labor priority dates are used only to determine if visas are available within that cutoff if I am not mistaken. The processing dates reflect the 485 RDs.
 
Hey Guys,

The 'Now Processing' dates for 485 at TSC was recently updated to Sept 13th 2006. Iam not sure how relevant that is with regards to the order in which the applications are processed due to the background check delays, however atleast we know its moving!

No LUDs or updates on my applications since the three luds i got in succession when my fp was done (2 months ago) :(

Yup, of course these dates don't matter much for the name check process, and moreover, the 6-month adjudication guideline does not account for those stuck in namecheck either, so take the dates with a pinch of salt. What it does mean though is that you are free to initiate inquiries with the national customer service number after 30 days of these dates having crossed your RD.
 
I think the labor priority date should have more value than just determining the visa availability. It should help in adjudicating the cases on a Priority date FIFO basis. Otherwise cases with Priority date of Apr 2006 will be adjudicated earlier than a case with Priority date of Apr 2003, just because the I485 for the former case was received by USCIS earlier than I485 for the later.

Wouldn't you agree? It is a different matter altogether, if USCIS follows the above.

The labor priority dates are used only to determine if visas are available within that cutoff if I am not mistaken. The processing dates reflect the 485 RDs.
 
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