Concurrent Filing - Using Cross Chargeability

Some additional progress on my application. My spouse and myself have received the 'Biometrics appointment notification'.

Questions:
1) What are the different aspects that are covered during Biometrics? Is FP part of Biometrics?
2) My wife and myself received appointments for different dates. Is that normal for a primary/dependent case situation? I had assumed that the whole family receives appointments on the same date/time.
3) I understand only the notice copy and passport needs to be taken for the appointment. Any other documents that you would recommend that we take?
4) Is I765 approved only after the biometrics is taken? or Is the I765 approval independent of the biometrics?

Thanks in advance!

WellWisher,

Way cool. This is great.
To answer your questions,
1. Yes, fingerprinting is essentially the biometrics appt. On your notice, it should say code somewhere. I suspect yours would say Code 3...thats like all fingers or something of that sort.
2. My wife and I got notices for appts on the same date/time. I dont think it would be uncommon depending on how busy your application support center (ASC) is.
3. Well, we took literally EVERYTHING...but the only thing I was required to show was my drivers ID and the notice.
4. I think 765 (EAD) is independent of the biometrics.
 
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

I am compiling my application based on the above. There is no provision in any of the forms for priority date. Date of Acceptance for processing for Labor (priority date) is available only on the labor approval, which was not submitted with I-485.

My I-140 is pending and the receipt for I-140 does not have the priority date. Lawyer says that INS can figure it out from their records. Is this correct?

Please help.
 
Craye, just wanted to extend wishes to welcome you aboard the CC thread. We're always happy to have more folks join in the conversation! Good luck!

ks_cc, thanks very much for adding my info to the tracker.

I also wanted to let you know that information on sources like this allowed me to propose cross chargeability to my corporate immigration lawyer. I remember her telling me shortly after my LC was approved in 08/2006 that I would need to wait a few years before applying for AOS even though she was aware of both my and my spouse's differing countries of birth. To her credit though, she was very receptive to my proposal and was apparently successful in applying for AOS using CC.
 
ks_cc, thanks very much for adding my info to the tracker.

I also wanted to let you know that information on sources like this allowed me to propose cross chargeability to my corporate immigration lawyer. I remember her telling me shortly after my LC was approved in 08/2006 that I would need to wait a few years before applying for AOS even though she was aware of both my and my spouse's differing countries of birth. To her credit though, she was very receptive to my proposal and was apparently successful in applying for AOS using CC.

Hey Craye!
Good to know that this forum's been of help to you. StillPatient's the tracker gatekeeper, I'm just the welcoming committee. I maintain my position that a lot of credit goes to radd for starting this thread, God bless his soul.
Good luck and keep us posted.
 
I am compiling my application based on the above. There is no provision in any of the forms for priority date. Date of Acceptance for processing for Labor (priority date) is available only on the labor approval, which was not submitted with I-485.

My I-140 is pending and the receipt for I-140 does not have the priority date. Lawyer says that INS can figure it out from their records. Is this correct?

Please help.

Hi Krish, I think the attorney is correct, but why wasn't the labor submitted with the 140? Isn't the labor usually sent along with the 140 as the basis to adjudicate the 140? WellWisher please respond...my memory's gotten fuzzy as the days go by...this wait's making me the oldest 29 year old on the planet.
 
Kris,

To my understanding as per my interpretation of your posting, you have already submitted the I140 and are preparing your I485 papers - which constitutes a semi-concurrent filing. Correct?

If the above is true, you must have submitted the original labor approval papers as part of your I140 application submission. Your I140 receipt will not indicate the Priority Date. However, once the I140 gets approved, the priority date (date on which the labor was applied) will appear on the 'approval notice' that your attorney/employer will receive. As soon as your I140 is approved, USCIS forwards your immigrant petition information to the I485 approval process officials. So, I think your lawyer is right when he/she says that USCIS will figure out internally what your priority date is, post-I140 approval.

Good Luck!

Hi Krish, I think the attorney is correct, but why wasn't the labor submitted with the 140? Isn't the labor usually sent along with the 140 as the basis to adjudicate the 140? WellWisher please respond...my memory's gotten fuzzy as the days go by...this wait's making me the oldest 29 year old on the planet.
 
Thanks for the responses, as always!

One last question on this topic - Some people show on their signatures '3rd FP Notice'. What does that mean? Does every application has go through 3 Biometrics processes or only certain cases go through 3 processes? I just want to plan things ahead of time.

Thanks!
WellWisher,

Way cool. This is great.
To answer your questions,
1. Yes, fingerprinting is essentially the biometrics appt. On your notice, it should say code somewhere. I suspect yours would say Code 3...thats like all fingers or something of that sort.
2. My wife and I got notices for appts on the same date/time. I dont think it would be uncommon depending on how busy your application support center (ASC) is.
3. Well, we took literally EVERYTHING...but the only thing I was required to show was my drivers ID and the notice.
4. I think 765 (EAD) is independent of the biometrics.
 
Thanks for the responses, as always!

One last question on this topic - Some people show on their signatures '3rd FP Notice'. What does that mean? Does every application has go through 3 Biometrics processes or only certain cases go through 3 processes? I just want to plan things ahead of time.

Thanks!

Well, lets hope you don't even have to go in for a 2nd FP.

Fingerprints are valid for a period of 15 months according to USCIS. Yes I know...to us, fingerprints never "expire", but CIS knows better and the biometrics and consequently valid for a period of 15 months since the date you first gave them. So, my fingerprints are due to expire in July of 2007.
I was trying to find out what the reasoning behind this is, and apparently reasons range from folks actually obliterating their fingerprints from grinding down their fingers (ouch) to ascertaining whether the alien is still around and pursuing the case. I'm fuzzy on the precise reasoning, but be assured that there's a dang fine reason for it.
 
So, I assume I will receive a second FP notice only if my I485 is not approved within 15 months time. Correct?

Well, lets hope you don't even have to go in for a 2nd FP.

Fingerprints are valid for a period of 15 months according to USCIS. Yes I know...to us, fingerprints never "expire", but CIS knows better and the biometrics and consequently valid for a period of 15 months since the date you first gave them. So, my fingerprints are due to expire in July of 2007.
I was trying to find out what the reasoning behind this is, and apparently reasons range from folks actually obliterating their fingerprints from grinding down their fingers (ouch) to ascertaining whether the alien is still around and pursuing the case. I'm fuzzy on the precise reasoning, but be assured that there's a dang fine reason for it.
 
Question regarding FP

Hi,

I sent in my docs for i140/485 (LC 12/26/2007) and recieved a FP notice on march 26. Does it mean that my CC application is accepted/ made it through the mail room.

Thanks
 
Hi,

I sent in my docs for i140/485 (LC 12/26/2007) and recieved a FP notice on march 26. Does it mean that my CC application is accepted/ made it through the mail room.

Thanks

Yes it is. Congratulations!
Please post your details so you could be added to the tracker (TIA StillPatient)
 
Dumb Question!

I need a final clarification on this please:

I have an approved I-140 with comp. A, I work with comp. B now and would like to apply for GC from B porting the PD of my previous I-140 from A. Now if A revokes that I-140 before I apply from B, can I still port the PD from A's I-140 ?
Could the revokation of A's 140 affect me in anyway ?

Thanks
-P
 
Hey Guys

There's a couple in my company that's also applied for their green card using cross chargeability from China/Taiwan. We were talking about it and they're stuck in the same situation me and ks_cc are - the derivative has the name check cleared while the primary isnt.

They brought an interesting theory to the discussion. Apparently, they think name checks are queued up by country and since all the primaries are from backlogged countries, the namechecks arent getting cleared. As depressing as this theory may sound, it is supported by three examples that we know of. Any comment?

vik
 
Hey Guys

There's a couple in my company that's also applied for their green card using cross chargeability from China/Taiwan. We were talking about it and they're stuck in the same situation me and ks_cc are - the derivative has the name check cleared while the primary isnt.

They brought an interesting theory to the discussion. Apparently, they think name checks are queued up by country and since all the primaries are from backlogged countries, the namechecks arent getting cleared. As depressing as this theory may sound, it is supported by three examples that we know of. Any comment?

vik


I think the theory is crap because the FBI wont possibly keep track of visa numbers etc - that being a totally interal thing to immigration.
 
I need a final clarification on this please:

I have an approved I-140 with comp. A, I work with comp. B now and would like to apply for GC from B porting the PD of my previous I-140 from A. Now if A revokes that I-140 before I apply from B, can I still port the PD from A's I-140 ?
Could the revokation of A's 140 affect me in anyway ?

Thanks
-P

The I-140 petition should not be revoked by your old company in order for you to recapture the PD. (BTW: This is not a dumb question!
:))
 
I think the theory is crap because the FBI wont possibly keep track of visa numbers etc - that being a totally interal thing to immigration.

Interesting theory - I tend to agree with you about the FBI not keeping track of visa numbers etc., but if we see this pattern again and again, *something* must be at play.

Ks, do you recall if the folks who did actually get their GCs through CC were from a retrogressed country (the primary applicant I mean) ? I personally know of a case where CC was used succesfully, but that was for the derivative applicant (primary was ROW), so that doesn't apply to our cases here.

I guess if Wellwisher and I (and the others who applied recently, can't recall off the top of my head) also get stuck in namechecks (fingers crossed that it doesn't happen), we can probably conclude that something fishy's afoot.
 
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