Concurrent Filing - Using Cross Chargeability

[ks_cc]

Hi Guys,

My labor got approved in Mar'01,2007. Since I have priority date we applied concurrently. My lawer got a phone call from USCIS that all of the checks my employer wrote were having address stickers. They asked us to send new checks. We send all checks again without any address change stickers on them.

Now I am waiting for my case numbers!

Here are my details.

PD: Dec-11-2002, NJ
Labor approved: 01-Mar-2007
I-140 filed: 23-Apr-07 (PP) Waiting
I-485 filed: 23-Apr-07 Waiting

F16,
Congratulations on applying for your AOS. I see that you've mentioned that the PD for your visa category is current. In that case, I don't believe you've applied for AOS using Cross Chargeability? I'm not saying that this is an exclusive club, but those on us in the tracker on this thread are those who have been subject to retrogression as the primary applicant (EB2 India/China for example), and have been able to apply for AOS based on our spouse's country of nativity (country of birth), using a rule called Cross-Chargeability. If your visa numbers are current, then I don't think you've had to use this to apply? I'm confused...

 

[F16]

It sounds like I am in wrong thread!!!

Hi KS_CC,

You are right. I don't belong to AOS category. I have no idea until now about this cross changeability. Any way my wife and I are from India. I was surfing all I-485 threads and I found this thread has more information and current when compared to all other threads. I also like particularly the way you are answering to this thread. I thought this would be a nice thread to jump into.

If you know, could you please point me to the right thread.

Good luck to all of you guys in this thread!

Thanks!!

F16,
Congratulations on applying for your AOS. I see that you've mentioned that the PD for your visa category is current. In that case, I don't believe you've applied for AOS using Cross Chargeability? I'm not saying that this is an exclusive club, but those on us in the tracker on this thread are those who have been subject to retrogression as the primary applicant (EB2 India/China for example), and have been able to apply for AOS based on our spouse's country of nativity (country of birth), using a rule called Cross-Chargeability. If your visa numbers are current, then I don't think you've had to use this to apply? I'm confused...

 

[ks_cc]

Hi KS_CC,

You are right. I don't belong to AOS category. I have no idea until now about this cross changeability. Any way my wife and I are from India. I was surfing all I-485 threads and I found this thread has more information and current when compared to all other threads. I also like particularly the way you are answering to this thread. I thought this would be a nice thread to jump into.

If you know, could you please point me to the right thread.

Good luck to all of you guys in this thread!

Thanks!!

No worries. Of course you're more than welcome to partake. Our experiences aren't unique...CC applicants are no different than any other concurrent filers for 140/485. If any information here helps you, thats great. After the initial filing, CC ceases to hold importance...its just to get us in the door. And yes, you too are an AOS applicant...thats your I-485 (green card) filing...AOS = Adjustment of Status (to Permanent Resident).
Good luck and please feel free to keep us posted.
If you're looking for the concurrent filing thread, check the concurrent filing main page, just one up from how you get here.
Also, if you're going to NSC, it would be perhaps a good idea to be active on the I-485 Issues at the NSC thread off the main I-485 issues board.

 

[navneetsharma]

Hi Still
Thanks for updating the tracker. My name check reports as "In Process" not complete, according to the FBI/DOJ letter I received. I've seen cases on the board where folks who received similar letters got themselves dug out of the whole after a month or two, so I remain hopeful. The saving grace is that it doesn't say "Pending". The optimal would've been for the letter to state that my name check was finalized and sent to the USCIS on blah, but hey, what do you do?

hey ks, i get what you are saying cos in the TSC forum the guys have gotten letters that say that the name check has been cleared and sent to USCIS.. but i guess this should provide a push to the FBI to clear your case quickly.. hopefully you should hear something good soon..

did u attach the FOIPA report with the letter that you sent ? i saw that most people from TSC who got the positive responses did attach the FOIPA report of "no records" with the letter.

Cheers!

 

[prezcalvin]

No worries. Of course you're more than welcome to partake. Our experiences aren't unique...CC applicants are no different than any other concurrent filers for 140/485. If any information here helps you, thats great. After the initial filing, CC ceases to hold importance...its just to get us in the door. And yes, you too are an AOS applicant...thats your I-485 (green card) filing...AOS = Adjustment of Status (to Permanent Resident).
Good luck and please feel free to keep us posted.
If you're looking for the concurrent filing thread, check the concurrent filing main page, just one up from how you get here.
Also, if you're going to NSC, it would be perhaps a good idea to be active on the I-485 Issues at the NSC thread off the main I-485 issues board.

F16,

Actually as KS said, CC stops mattering once the applications are beyond the mailroom. But is that really the case? There is some lingering doubt, although I'm more or less sure that it really does stop mattering.

Anyway, it'll be nice if you do keep us posted on this thread. As someone who is current on the primary's own PD, your case will be a good contrast to our cases and provide an important data point.

P.S> And as you rightly concluded, this thread gets the benefit of ks's meticulous, knowledgable and prompt answers

 

[techrock]

I-140 and I-485

Hello All:

I'm from India. and My PD is 2001 EB2 , I luckily got my Labour approved recently from DBEC. Now I am ready to file for my I1-40 and I-485.

I got married in Feb'-7 but my wife didnt take visa yet and she has not travelled
to US before. She will be coming in July after completing her course.

What are my options, Should I file I-140 and I-1485 and then add her later?
I am also planning to File for I-140 in premium.I am not aware of chargabilty
or any law also doesnt know how namecheck works.

Any information and Suggestion,. Please help.

Thanks a lot in advance,Sorry if i am in wrong thread thought people
in this thread and nice , helpful have more information.

Thanks,
Sridhar

 

[techrock]

Please help

Congratulations !!! thats a good news. Pleas help me if i can use the same for my case. I am really not aware of this CC at all.

I have my Labour approved after a long wait of 6+ yrs from DBEC, I am in my 12 th year extension. I am finally now realy to file for my I-140 and I-485.
( have my PERM Approved as well and I got 3 year extension of H1B after that) now I have got this my old labour approved last week.

I recently got married in Feb '07 my wife didnt appear for visa and she never travelled to US, He is coming in July when she finished her course in India.
What are my options? Should I file and add her later ? should i file I-140 and I-485 concurrenly , what is this CC? is it any beneficial for me? I am in EB2 category.

Please advice what should be my next step.

Appriciate your kind help.

Thanks,

I have been browsing this forum for many years and there were some information but not much about Cross Chargeability finally I feel lucky to announce we have successfully got the GC using CC and I want to share this GREAT news with you guys. CC is one of the great option in GC process, there is no queue no wait in EB2 category in 2 1/2 months after filing our I-140 / I-485 we got immediately fingerprinting notice in 2 weeks and I-140 got approved in a month and I-485 approved on this Diwali (Great Diwali gift) and plastic cards came in next week. Now I am taking my family to visit India first time. All this happened in an unbelievable time. I have been struggling for a stable job and an employer wasted lots of $$$ in H1B transfers but finally we are happy to become permanent resident of this great country. I hope this posting of our case will give encouragement to many CC applicants. Feel free to ask me any questions you have about CC. You should make sure that attorney adds a Cover letter with your I-485 application in BOLD Letter "Cross Chargeability Case" sample is available on Sheela murthy's site.

PD: 9/2004 (EB2/PERM)
Primary – India Secondary - Malaysia
I-140 / I-485 RD: 7/2006
I-140 AD: 9/2006
FP: 8/2006
I-485 AD: 10/20/2006
Plastic Cards: 10/25/2006

 

[ks_cc]

F16,

Actually as KS said, CC stops mattering once the applications are beyond the mailroom. But is that really the case? There is some lingering doubt, although I'm more or less sure that it really does stop mattering.

Anyway, it'll be nice if you do keep us posted on this thread. As someone who is current on the primary's own PD, your case will be a good contrast to our cases and provide an important data point.

P.S> And as you rightly concluded, this thread gets the benefit of ks's meticulous, knowledgable and prompt answers

Prez, thanks for the compliment! I swear, if I had a buck every time you gave me props..
...
....
.....
I could invest it in the EB5 visa category & "buy" me a green card....
.....but...with my luck, I'd get stuck in name check again

 

[ks_cc]

Congratulations !!! thats a good news. Pleas help me if i can use the same for my case. I am really not aware of this CC at all.

I have my Labour approved after a long wait of 6+ yrs from DBEC, I am in my 12 th year extension. I am finally now realy to file for my I-140 and I-485.
( have my PERM Approved as well and I got 3 year extension of H1B after that) now I have got this my old labour approved last week.

I recently got married in Feb '07 my wife didnt appear for visa and she never travelled to US, He is coming in July when she finished her course in India.
What are my options? Should I file and add her later ? should i file I-140 and I-485 concurrenly , what is this CC? is it any beneficial for me? I am in EB2 category.

Please advice what should be my next step.

Appriciate your kind help.

Thanks,

Hello techrock,
Congratulations on getting the labor hurdle cleared.
Your PD as far as India goes is not current in the EB2 category, thereby preventing you from filing for I-485 under the India visa quota.
However, this is where cross-chargeability comes in. With CC, you can use your spouse's country of nativity (country of birth) and "charge" the visa number (green card quota) to that country.
This is because if you both file together, when one person is approved, the other automatically is approved and both get their green cards. In that light, either spouse's country of birth is immaterial.
Now, here's the important part. You mention in your signature that your wife is from Malaysia. Is she Malaysian by birth or Malay by citizenship? If its by birth, and you can produce her birth certificate, or some papers proving her birth in Malaysia, you're golden. Both of you can file for AOS (485).
As far as whether she needs to be in the country...well...yes. AOS (Adjustment of Status) is for people within the United States. For persons outside, it is called Consular Processing. Since she is not present in the country, I would recommend filing 485s with Consular Processing for both of you. Here's the larger benefit...Consular Processing clearly and explicity defines cross chargeability as a statute in the State Dept Federal Register. AOS applicants such as myself have indirectly benefitted since even though its not explicity spelled out for AOS, one can argue that what's gravy for the goose is gravy for the gander.
SO...long story short, if she's Malay by birth, I would suggest:
a. File your 140 under premium.
b. File 485 for you and her under CP (Consular Processing)
c. Search the forum for the CC filing details incl. forms, etc.
d. File CC
e. Get approved.

In your case, CP is faster than AOS, including the FBI name check aspect, which for CP gets cleared exponentially faster than for AOS applicants...in my opinion that in and of itself is completely @$$ backwards, but thats a rant for a different day.

GOOD LUCK and keep us posted.
Regards
k

 

[prezcalvin]

Prez, thanks for the compliment! I swear, if I had a buck every time you gave me props..
...
....
.....
I could invest it in the EB5 visa category & "buy" me a green card....
.....but...with my luck, I'd get stuck in name check again

Haha! No no, don't say that, you are the true optimist on this thread.. we're all trying to emulate that.

Oops, I think that was one more compliment. Ok, I'll stop

 

[prezcalvin]

Techrock

If your PD is 2001 EB2 as you state, then you are current. You don't need to worry about CC.

 

[ks_cc]

techrock, Mea Cupla

If your PD is 2001 EB2 as you state, then you are current. You don't need to worry about CC.

Oi!
Mea culpa, yes techrock did mention his PD...I think I just zoned it. Apologies...
Prez is absolutely right...techrock, your visa numbers are current and you don't need to worry about CC. Concurrent filing perhaps, but CC, definitely not.
You can go ahead and file for the 485 with you as the primary and your wife as the derivative. Since she is coming here in July, you don't even need to worry about CP, but realize that if you file 485 for both of you, you would receive notices for biometrics (fingerprints) within a month or two and if you miss that appointment, your case is considered abandoned, unless you preemptively reschedule it. So, I'd wait until your wife is here, but if you're concerned about EB2 retrogressing again for India, then thats a catch 22 (dont think its going to happen).
One thing I would suggest though is filing the 140 under premium. Its wicked fast, and although I filed my 140 regular last year and it was approved in a couple of months or so, i know folks who've been stuck at the 140 for a long long time...remember that the green card (485) cannot be adjudicated without the 140 being approved.

 

[Dedo]

How long does it take to get the EADs and I-140 (regular processing) approved? My AP got approved fairly quickly (4 weeks) by the TSC and I was wondering how long the other 2 will take

Any experiences you can share?
Thanks

 

[vikram77]

How long does it take to get the EADs and I-140 (regular processing) approved? My AP got approved fairly quickly (4 weeks) by the TSC and I was wondering how long the other 2 will take

Any experiences you can share?
Thanks

The EAD seems to be taking 90 days. The 140, if not premium, is anybody's guess. Maybe looking at the current processing dates on the USCIS website will give you some indication. Also, check out the status prediction on immigrationwatch.com - prob not dead on but will give you a fair idea of where you stand.

vik

 

[techrock]

Thank you !!!

Oi!
Mea culpa, yes techrock did mention his PD...I think I just zoned it. Apologies...
Prez is absolutely right...techrock, your visa numbers are current and you don't need to worry about CC. Concurrent filing perhaps, but CC, definitely not.
You can go ahead and file for the 485 with you as the primary and your wife as the derivative. Since she is coming here in July, you don't even need to worry about CP, but realize that if you file 485 for both of you, you would receive notices for biometrics (fingerprints) within a month or two and if you miss that appointment, your case is considered abandoned, unless you preemptively reschedule it. So, I'd wait until your wife is here, but if you're concerned about EB2 retrogressing again for India, then thats a catch 22 (dont think its going to happen).
One thing I would suggest though is filing the 140 under premium. Its wicked fast, and although I filed my 140 regular last year and it was approved in a couple of months or so, i know folks who've been stuck at the 140 for a long long time...remember that the green card (485) cannot be adjudicated without the 140 being approved.

Thanks ks_cc and Prezcalvin :

That really helps, my PD is current ( EB2 06/2001) as my wife will be coming by end of july.I would file I-140 in premium adn keep it ready (atleast now I dont have to file for my 15 or 16 the year extension, I was doing that for last 3 years under premium and was spending that additional money anyway ) .

I will file for I-485 when she is here in July as you all suggested.

Thanks a lot everyone for being so nice and helping.

 

[craye]

Card Production Ordered

Looks like I received the "magic e-mails" today (at 9:00 p.m. no less) saying that card production had been ordered for me, my wife, and my older daughter. I wish everyone else the best of luck with their cross-chargeability filing since it appears that there is hope after all.

 

[Zeppelin]

Looks like I received the "magic e-mails" today (at 9:00 p.m. no less) saying that card production had been ordered for me, my wife, and my older daughter. I wish everyone else the best of luck with their cross-chargeability filing since it appears that there is hope after all.

Congratulations Craye!!!

 

[ks_cc]

Looks like I received the "magic e-mails" today (at 9:00 p.m. no less) saying that card production had been ordered for me, my wife, and my older daughter. I wish everyone else the best of luck with their cross-chargeability filing since it appears that there is hope after all.

Craye, this is absolutely outstanding. Congratulations to you and your family.

 

[mali03]

Congratulations!

Looks like I received the "magic e-mails" today (at 9:00 p.m. no less) saying that card production had been ordered for me, my wife, and my older daughter. I wish everyone else the best of luck with their cross-chargeability filing since it appears that there is hope after all.

Enjoy the freedom!
Could you add your details to you signature so we all could track the dates.
Thanks

 

[ks_cc]

Enjoy the freedom!
Could you add your details to you signature so we all could track the dates.
Thanks

Craye's details are in Still's Excel tracker. He filed for AOS in September 06. Sorry for jumping in Craye, but I figured you may not be back to frequent the forums as much