Concurrent Filing - Using Cross Chargeability

This should answer your question

This should answer your question:

http://www.immigration.com/fromtheagency/tsc82705.html

Visa Cross-Chargeability Request Form

Attorneys should attach a "Visa Cross-Chargeability Request Form" cover sheet with large, bold lettering to flag I-485s requesting Visa Cross-Chargeability. Click here for the sample. Provide the following information: Name of Principal Alien, Country of Principal Alien, Name of Spouse, Country of Spouse, and stating "DUE TO VISA REGRESSION, PLEASE CONSIDER CROSS-CHARGEABILITY FOR THIS CASE".

Wrongfully rejected cases because the cross chargeability request was overlooked should re-file with the aforementioned "Visa Cross-Chargeability Request Form" cover sheet. The filing should also include a request for nunc pro tunc acceptance and a backdated "received" date based on the filing having been "previously rejected in error". Proof of timeliness of the previous filing attempt should be included. The filing will go to the proper officer for consideration of the nunc pro tunc request by using the Visa Cross-Chargeability Request Form. "

IF YOU HAVE A LAWYER, I WOULD STRONGLY RECOMMEND GETTING HIM TO SUBMIT THE FORM ( AND ALSO DISCUSSING THIS WITH HIM !)

MDGUTS
 
Engaged and not Married to Foreign Born Indian

Hello Everyone,

I'm new user and had a question which arose after the Retrogession issue.

My Employer is willing to file for my LC, and hopefully would start the process by the end of the year.

I'm Indian by nationality and my Fiancee' (Please note we are not Married as of now) is Indian but was Born outside India i(n areas not affected by Retrogession.)

I have heard that I can apply for Green Card under EB2 category (as I have MBA), by adding her as my spouse(obviously after getting married) after I receive the LC, before filing the I-485.

However, my real question is DO WE NEED TO ME MARRIED EVEN BEFOFE I START THE WHOLE GREEN CARD PROCESS?

What Level is this Chargebility issues comes in? I was told that LC process has nothing to do with Marriage. The only STAGE IT AFFECTS ME IS BEFORE FILING THE I-485, which is root of main cause now.

Does anyone have ideas, I would appreciate if someone can provide links.

Also, are the categories CURRENT for Non Indian and Chineese, or Is there also a problem of Retrogession in those Categories.? specifically EB2.

Once again guys, thanks a ton for the reply in advance.

Wish everyone Luck
 
No need to be married

myanshul said:
Hello Everyone,

I'm new user and had a question which arose after the Retrogession issue.

My Employer is willing to file for my LC, and hopefully would start the process by the end of the year.

I'm Indian by nationality and my Fiancee' (Please note we are not Married as of now) is Indian but was Born outside India i(n areas not affected by Retrogession.)

I have heard that I can apply for Green Card under EB2 category (as I have MBA), by adding her as my spouse(obviously after getting married) after I receive the LC, before filing the I-485.

However, my real question is DO WE NEED TO ME MARRIED EVEN BEFOFE I START THE WHOLE GREEN CARD PROCESS?

What Level is this Chargebility issues comes in? I was told that LC process has nothing to do with Marriage. The only STAGE IT AFFECTS ME IS BEFORE FILING THE I-485, which is root of main cause now.

Does anyone have ideas, I would appreciate if someone can provide links.

Also, are the categories CURRENT for Non Indian and Chineese, or Is there also a problem of Retrogession in those Categories.? specifically EB2.

Once again guys, thanks a ton for the reply in advance.

Wish everyone Luck
Click to expand...

myanshul,

You do not need to be married when you are applying for your LC.
You will definetly need to be married before you apply for I-485 if you are planning to apply I-485/I-140 concurrently using Cross Chargeability.
Also, one important point to note is EB2 category is CURRENT ONLY for all countries EXCEPT India and China as per the October Visa bulletin.

Hope this helps.

Cheers,

Kedzone
 
Last edited by a moderator:
Thanks Bud

Yeah. she was not born in either India or China.

OK, I guess I'm Safe as far as the Retrogession is concerned then based on her being born outside India.

Thanks so much for the help man.....I'll ensure that we are married before I file for my I-485.

BTW Do you know what time frame are we looking for obtaining the LC ? I have heard that after PERM it will take approximately 6 mths to 1 yr...

Any ideas thereafter using the "Chargeability" how much time are we looking for obtaining the EAD after filing the I-485?

Thanks again for help.
 
perm process

myanshul said:
Yeah. she was not born in either India or China.

OK, I guess I'm Safe as far as the Retrogession is concerned then based on her being born outside India.

Thanks so much for the help man.....I'll ensure that we are married before I file for my I-485.

BTW Do you know what time frame are we looking for obtaining the LC ? I have heard that after PERM it will take approximately 6 mths to 1 yr...

Any ideas thereafter using the "Chargeability" how much time are we looking for obtaining the EAD after filing the I-485?

Thanks again for help.
Click to expand...

With PERM process, your LC should take about 30 to 60 days to clear. However, in recent days and also if you are lucky, it can get cleared from 2 to 10 days too.. I would suggest that you should get married even before you file for perm so that you can be prepared for this kind of pleasant surprises.

Even if you take about 1 -2 mths to gather the paperwork for I140 & I485, you would not have time to get married at that time!! Unless you file I140 first, get married than file I485.

Anyway, depanding on the service centers, EAD can be obtained in 1-2 mths avg nowadays..

Act quick man!! And good luck!! :)

radd
 
NEW PROBLEM reg. EB Category

I contacted my Lawyers....and I'm sure they are the worst F**** up souls on Planet...Again sorry for Generalizing, but they think they got the power......

I contacted my Employer's Lawyer, as my GC can only be processed through them as it is a Huge co. So therefore I can neither hire or fire anyone.

They told me that they will file my GC under EB3 and not under EB2 because even though I have a MBA, it does not count as the minimum job requirements is a Bachelors and not an MBA. I tried to explain them that they can make some case that the job required MBA.

My ADDED concern now is that

Are Non-Retrogressed countries CURRENT for now? or in Near Future under the EB3 category?

I was under the impression that there is Retrogression under EB3 Categories for all the countries and just the India and China situation was worse than all other countries.

PLEASE HELP....again guys this is my Frustation, I do not mean to generalize here....but Lawyers do suck sometimes...atleast in my case they do...I wish I cud choose my own lawyer...
 
myanshul said:
I contacted my Lawyers....and I'm sure they are the worst F**** up souls on Planet...Again sorry for Generalizing, but they think they got the power......

I contacted my Employer's Lawyer, as my GC can only be processed through them as it is a Huge co. So therefore I can neither hire or fire anyone.

They told me that they will file my GC under EB3 and not under EB2 because even though I have a MBA, it does not count as the minimum job requirements is a Bachelors and not an MBA. I tried to explain them that they can make some case that the job required MBA.

My ADDED concern now is that

Are Non-Retrogressed countries CURRENT for now? or in Near Future under the EB3 category?

I was under the impression that there is Retrogression under EB3 Categories for all the countries and just the India and China situation was worse than all other countries.

PLEASE HELP....again guys this is my Frustation, I do not mean to generalize here....but Lawyers do suck sometimes...atleast in my case they do...I wish I cud choose my own lawyer...
Click to expand...


I'm sorry about your lawyer.. I have issues with mine too but of different nature..
Anyway, EB3 is retrogressed worldwide.. CC would not be able to help you now. However, retrogression worldwide is only 03/01 as compared to India, 01/98. Chances are that worldwide might move faster than india..and you will still benefit from CC.

You can check retrogression updates in the visa bulletins. Website below.
Usually the a new bulletin is out middle of the month. In October middle the bulletin for Nov will be released..

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

radd
 
Hire a lawyer yourself ?

Is it possible for you to hire your own lawyer, rather than use the company's lawyer ?
 
Lawyer Problem

I have to consult with my HR, but I cannot hire a Law firm outside my Company's.

I believe the reasoning is that even the job requires a Master's, but they are risk averse, becasue they don't want to have any rejections. But the job definitely requires a Master's and they can easily publish this in the Ad.

Anyways, I'm hoping that the Rest of the World would move much faster and would also praying that the increase in the Quota comes into action before next year election.

Thanks folks for the help.......I hope they file my EB2....But everyone in my company gets affected because they would do EB3 for everyone then atleast I'm in the same boat as everyone.....I don't know how other Indians are keeping their patience, I really feel for them and appreciate their concern.
 
My Lawyers response

I asked my lawyer about cross chargeability. Here is his response:

we will notify them that you are eligible for cross chargeability. Keep in mind that the availability of a current priority date is important at two points, 1) upon filing of the adjustment of status, and 2) at the conclusion of your case. So, if the USCIS completes your I-485 in a particular month in which EB2 numbers are available for persons born in the country of your spouse, then you will benefit from cross-chargeability and your case will be completed.

MDGUTS
 
MDGUTS1307 said:
I asked my lawyer about cross chargeability. Here is his response:

we will notify them that you are eligible for cross chargeability. Keep in mind that the availability of a current priority date is important at two points, 1) upon filing of the adjustment of status, and 2) at the conclusion of your case. So, if the USCIS completes your I-485 in a particular month in which EB2 numbers are available for persons born in the country of your spouse, then you will benefit from cross-chargeability and your case will be completed.

MDGUTS
Click to expand...

This is applicable to all case irregardless of using CC.. Worldwide would definitely move faster than India/China and by using CC, cases would definitely be approved earlier.. This is just my asumption.. We just have to wait and see each new bulletin.

radd
 
Can I use old LCs Priority date ?

Gurus,
I've a question. I had applied for LC in Aug 2003 thru one company. The state LC was cleared in Aug 2004 and it was forwarded to DOL. But then I had to change employer in Sept 2004. Now my I recd my new labor thru PERM in Sept 2005. My question is, would my PD be sept 2005 only, or can I use the PD of my ex employer's LC ? I've a copy of state LC approval with old PD on it.

thanks in advance.
 
what confirmation we can get from INS for CC?

Hi Friends,

I have a quick question regarding CC: assuming we already filed EB-2 couple months ago and we now want to use cross chargeability because of the retrogression, do we have official request form (I know there is a sample form from one lawyer website, but it is not official)?

After we file the request, can we get any sort of confirmation from INS so we know that our case will be treated differently? Or the only way is to wait and see and check the LUD? Thanks.

mwang1976
 
Hello mwang

I seem to be in exactly the same situation as you (EB-2 filed in Jan, now retrogressed,
but spouse (dependent) from non-retrogressed country). In my case however, my
wife filed her I-485 2 months after I did since she was out of the country when I
filed.

After speaking with several lawyers and reading posts on this and other websites, I
wrote a letter to USCIS along with I-485 notices, birth certificates, etc explaining
the situation and asking them to apply cross-chargeability. This was early this week
so I haven't heard anything back one way or another. According to the lawyers I
spoke with, they will either resume processing of the retrogressed I-485 or reject
your petition. I am assuming the former will be reflected in the LUD.

Can you please provide more details of your situation and what action you are taking?
Thanks!
 
Here i got some text from Murthy.com chat session

Chat User : I filed for my labor under EB2, which has now retrogressed. My spouse (on H-4) was born in Venezuela. Can we charge our quota to that country instead of India for I-485?

Attorney Murthy : It is possible, under the U.S. Department of State regulations, to use cross chargeability of one's spouse when filing the I-485. I know that there is some confusion since the USCIS regulations are not as clear and may even contradict this issue by requiring only the principal's nationality to apply. We have used this argument successfully for either the principal or the dependent, especially if a person pursues the consular processing option, though it is even possible with the AOS since the U.S. Department of State (DOS) issues the visa numbers.
 
Notifying CIS

Does anyone know how we should notify CIS about CC.
My lawyer is not being very helpful in this regard.

Should I just send a letter to CIS with a copy of my 485 RD letter ?
 
thanks radd

hey guys,
radd, my friend, took your advice,
filed my application using cross chargeability
now, i;m just waiting and hoping.
thanks pal,
will keep everyone updated.
 
reddave said:
hey guys,
radd, my friend, took your advice,
filed my application using cross chargeability
now, i;m just waiting and hoping.
thanks pal,
will keep everyone updated.
Click to expand...

Good for you friend.. Keep us updated on your progress..We are eager to see some results in someone :) ..
 
Cross-chargeability Info. Request

I am also exactly in the same situation as mwang1976 and euler123.
I filed my I485 on 09/24/2005 - EB2.
I am from India and my wife is from non-retrogressed country. My lawyer did not send the cross-chargeability cover letter even tough I gave him.
Can I send the cross-chargeability request to USCIS now? Is there a specific format?
I would appreciate a response.

-bobnsk
 
My lawyer filed the request last week for CC. I will ask him to give me a copy of the request. He suggest me not to call INS until my 140 is approved. I will keep you guys updated on the progress.
 
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