Concurrent Filing - Using Cross Chargeability

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 only dumb question is one thats not asked :)
I guess bigboy answered the question, but I believe you can port the PD....check out the AC 21 thread off of the main I-485 issues board.
 
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.

Hahaha...refuting theories you've posted? Thats funny...but I tend to agree with your hypothesis. The name check does apparently go by country, but not with regard to visa numbers. The fact of the matter is that name checks would result in potential hits with persons from your own nationality with a similar name or permutation of that name. So, John Doe could be American or Canadian, and if theres a hit, then the Feds need to verify Mr. Doe against both nationalities. Hence Chinese folk get stuck in name check...a lot of them with a lot of similar names....ditto Indians...not necessarily the similar name, but just the sheer volume of applicants makes it likely that some permutation of their name would generate a hit against someone else.
Ok, I might be blowing smoke, but its either the above, or that we're queued up by nationality (indepedent of visa numbers), or a combination of both.
 
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.

I think all of us here as the primary applicant are from retrogressed countries, India or China...for the CC. And its all been the luck of the draw too...for instance BrittanySpears, which I assume wasn't her legit name, was Indian as was her husband, but I believe he was of non-retrogressed nativity.
Its all a matter of luck? I don't know...unfortunately nor does anyone else including the CIS :))
 
I think all of us here as the primary applicant are from retrogressed countries, India or China...for the CC. And its all been the luck of the draw too...for instance BrittanySpears, which I assume wasn't her legit name, was Indian as was her husband, but I believe he was of non-retrogressed nativity.
Its all a matter of luck? I don't know...unfortunately nor does anyone else including the CIS :))

But the theory sounds logical.

-Still
 
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.

Not only the "welcoming committee" but also a power house of knowledge thy name is ks_cc.

Also to add : credit goes to Radd in starting this thread now that we just crossed 100 pages of this thread.

-Still
 
Hi All,

Just thought I will keep my mind away from the GC for a few days, watching the cricket world cup. Those of u from India will realize that option has also evaporated.

-Still
 
Hi ks_cc and other gurus,

Just wanted to ask one question:

My H1B 6 yrs is going to end in Sept 2007. My HR is asking me to choose between H1B 3yr xtension for me and H4 for my wife or EAD and AP for me and AP for my wife?

What should I opt for?

-Still
 
Hi All,

Just thought I will keep my mind away from the GC for a few days, watching the cricket world cup. Those of u from India will realize that option has also evaporated.

-Still

I heard! I wish I could watch the games here, but the only crickets heard in the NH are the sounds that my 485 applications make as they languish in eternity.
 
Hi ks_cc and other gurus,

Just wanted to ask one question:

My H1B 6 yrs is going to end in Sept 2007. My HR is asking me to choose between H1B 3yr xtension for me and H4 for my wife or EAD and AP for me and AP for my wife?

What should I opt for?

-Still

This is a purely personal decision. While its recommended that applicants keep their H1 status while their AOS is pending, as a fall back plan of sorts, I believe the H1 extension would be a purely insurance policy.
If your spouse is currently on an H4 and wants to work, then yes, you definitely need to apply for EAD for her. EAD and AP although applied for at the same time are mutually exclusive, so I believe she can keep her EAD for work and her H4 stamp for re-entry if she needs to.
Now, as far as you are concerned, are you planning on working part time for an organization other than your sponsoring employer? If so, then the EAD would be route to go. If not, get your H1 renewed. You can obviously do both, get an EAD AND do the H1 renewal, but if your HR is asking you to choose, its because they need to figure out which guise you'd be working under. I would ask them to do both, but state that you're going to be working on the H1. Note that you can file the EAD by yourself based on your pending AOS, so if they don't want to do both, have them do the H1, since thats employer bound, and file the EAD by yourself. Do inform them that you're also applying for the EAD, but you're going to continue work under the H1. For reentry, you'd have the option of using AP if you don't intend to get your passport stamped with the H1.
 
I think all of us here as the primary applicant are from retrogressed countries, India or China...for the CC. And its all been the luck of the draw too...for instance BrittanySpears, which I assume wasn't her legit name, was Indian as was her husband, but I believe he was of non-retrogressed nativity.
Its all a matter of luck? I don't know...unfortunately nor does anyone else including the CIS :))

In that case Brittany was derivate applicant and her husband primary? That lends credence to this theory.
What would be a good way to confirm/reject this theory?
My gut says it is correct.
 
In that case Brittany was derivate applicant and her husband primary? That lends credence to this theory.
What would be a good way to confirm/reject this theory?
My gut says it is correct.

Quite possible. I suppose we could go back and search through the thread for her messages. I'm not quite certain that she was the derivative...its a 50-50 chance, and if it is, then yes, the theory might be correct.
 
In that case Brittany was derivate applicant and her husband primary? That lends credence to this theory.
What would be a good way to confirm/reject this theory?
My gut says it is correct.

I went back and checked...she was the primary...she explicity mentions that she applied for the 485...post dated July 10th 2006 just about the time she got an RFE for her medicals.
 
Guys,
Got CRIS emails yesterday. EAD approved for both self and spouse. Saw a LUD in AP for yesterday as well, but no news. I-485, still pending, guess its the name check.
 
My information:

I from India and wife from Kenya
LC AD 12/27/2006 filed under PERM EB-2
I140 / I485 sent 03/07/07under CC to TSC
FP notice 03/26/07 (Same date for me and my spouse)

Thank to you all and sorry for the typo in date earlier.
 
I found a good link that describes in detail about namecheck and how to file lawsuit.

http://en.wikibooks.org/wiki/FBI_name_check

Thanks Mansarovar!
This had a lot of excellent info especially the link to Toxsci's thread
(http://www.immigrationportal.com/showthread.php?t=214587&page=3). I guess a first step for anyone whose case has been pending for a while would be to find out if they are stuck in the name check hole and then start contacting your elected reps as some of us have already done.

Iam thinking of initiating an inquiry; how is this usually done? By calling up their cust service and asking them to initiate an inquiry on your case ?
 
Thanks Mansarovar!
This had a lot of excellent info especially the link to Toxsci's thread
(http://www.immigrationportal.com/showthread.php?t=214587&page=3). I guess a first step for anyone whose case has been pending for a while would be to find out if they are stuck in the name check hole and then start contacting your elected reps as some of us have already done.

Iam thinking of initiating an inquiry; how is this usually done? By calling up their cust service and asking them to initiate an inquiry on your case ?

Passcore,
Yes, you initiate an enquiry by calling the National Customer Service 800 number. The process is that you enter your receipt number to check the status of a pending case, wait until the end of the message, and then you would get prompted to "press 3 to proceed to the next step".
On the next menu, you select the option for "If you believe your case is outside our processing times"...I don't recall which one it is...it might be 3 again. Pressing 4 (if you think companion cases have been separated) would get you to an Immigration Officer at the service center (determined by your receipt number)...thats the POJ, and don't use that since they may or may not tell you your case status.
You can initiate an enquiry only after the service center 'now processing' dates have crossed 30 days beyond your notice date...the customer service contractors would take your information and then send it along to the service center, after which the center would correspond with you directly via snail mail...they usually have 45 days to respond. In this time period you are suggested not to open another ticket....this may be 60 days...not certain..but the customer service folks would tell you. But you do need to wait till the now processing dates are 30 days over your notice date.
Hope this helps
k
 
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