Concurrent Filing - Using Cross Chargeability

I was born in the retrogressed country and so my attorney filed my I-485 cross-charged to my wife's non-retrogressed country. But recently after I made an email inquiry to USCIS CSC, I got a suprising reply saying my I-485 is on hold due to the retrogression.

My anxious question is: even we file our I-485 based on cross-chargeability, how can we ensure USCIS acknowldeges it? I am worried that they just look at our country of birth, then immdiately put our application in a dusted shell for years without recognising there is a thing called cross-chargeabilty!!
 
yll_gc said:
I was born in the retrogressed country and so my attorney filed my I-485 cross-charged to my wife's non-retrogressed country. But recently after I made an email inquiry to USCIS CSC, I got a suprising reply saying my I-485 is on hold due to the retrogression.

My anxious question is: even we file our I-485 based on cross-chargeability, how can we ensure USCIS acknowldeges it? I am worried that they just look at our country of birth, then immdiately put our application in a dusted shell for years without recognising there is a thing called cross-chargeabilty!!
Click to expand...

yll_gc,
please give us your details. PD, EB category, when you filed, etc.. Also, did your lawyer mention in the cover letter that you are using CC?

thanks.
 
radd said:
yll_gc,
please give us your details. PD, EB category, when you filed, etc.. Also, did your lawyer mention in the cover letter that you are using CC?

thanks.
Click to expand...
Here is my info:
EB2
I-485 ND: 6/28/05
PD: 10/22/2001
FP & Name Check completed.

I was told only that my application was filed with CC, but my lawyer didn't tell me the exact detail. I assume (I hope) it was mentioned in the cover letter.

Does USCIS send a CC confirmation or something like that to attorrneys? How can we prove to USCIS we file with CC?
 
yll_gc said:
Here is my info:
EB2
I-485 ND: 6/28/05
PD: 10/22/2001
FP & Name Check completed.

I was told only that my application was filed with CC, but my lawyer didn't tell me the exact detail. I assume (I hope) it was mentioned in the cover letter.

Does USCIS send a CC confirmation or something like that to attorrneys? How can we prove to USCIS we file with CC?
Click to expand...

From what I know, USCIS will not give any confirmation. Right guys??
Call your lawyer and ask him how he filed your case? Did he mention it in the cover letter or just assumed that they will know and process based on your wife's COB.

IF he didn't mention in the cover letter, ask him to send it now. I don't know how to do it.

mwang1976 has sent in a request to them to consider his case as a CC. Check with him.

hope this helps.

radd
 
radd said:
From what I know, USCIS will not give any confirmation. Right guys??
Call your lawyer and ask him how he filed your case? Did he mention it in the cover letter or just assumed that they will know and process based on your wife's COB.

IF he didn't mention in the cover letter, ask him to send it now. I don't know how to do it.

mwang1976 has sent in a request to them to consider his case as a CC. Check with him.

hope this helps.

radd
Click to expand...

Thanks radd. Retrogression plus USCIS not recognizing CC really frustrates me, I am thinking giving up this US greencard, it's kind of stupid spending our a lot of time and energy on this thing......
 
cross chargeability application

hey guys,
my lawyer sent my application package twice with a covering letter asking uscis to use cc as the principal's country has retrogressed, she even attached the uscis's rules on the matter with a note asking the case to be reviewed by a supervisor.
she says that the packages are usually opened by an independant contractor first, so she has insisted for a supe to review the cc issue in the application.
these people do not seem to know their own rules and where they should be applied.
will keep you guys posted, take care guys, you especially radd.
p.s : hang in there everybody, all is not lost(i hope).
see ya.
 
reddave said:
hey guys,
my lawyer sent my application package twice with a covering letter asking uscis to use cc as the principal's country has retrogressed, she even attached the uscis's rules on the matter with a note asking the case to be reviewed by a supervisor.
she says that the packages are usually opened by an independant contractor first, so she has insisted for a supe to review the cc issue in the application.
these people do not seem to know their own rules and where they should be applied.
will keep you guys posted, take care guys, you especially radd.
p.s : hang in there everybody, all is not lost(i hope).
see ya.
Click to expand...

reddave,

Good to know that your lawyer is very co-operative and helpful. I know that all Service centers have their own 'rules' to handle out of the box situations.. What service center did you send your application?

Please keep us posted. It is very important at this stage. All of you who had applied earlier, and then sent in a letter requesting your application to be considered in CC, any updates? Any LUDs?

Please update us.. everyone is clueless and since we are a small group of people.. we need to support each other. We are not asking USCIS something out of the ordinary.. it's just their rule.. And they should stick to it..

Well we try and try... take care..
radd
 
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radd

radd,
it was sent to laguna niguel, i think.
in california.
any thoughts on how to handle things now, talk to ragiv khanna and ask him if there is any other way to bring the cc rule to their attention.
thanks for replying,
will keep you posted.
any progress in your case so far?
regards,
reddave.
 
reddave said:
radd,
it was sent to laguna niguel, i think.
in california.
any thoughts on how to handle things now, talk to ragiv khanna and ask him if there is any other way to bring the cc rule to their attention.
thanks for replying,
will keep you posted.
any progress in your case so far?
regards,
reddave.
Click to expand...

Sadly reddave, I still haven't cleared my LC.. :( . PD is 03/02 but stuck in PBEC!! I checked my status and it was in final review a month back.. but still no news. I started researching CC after the release of retrogressed dates. and after reading Mr. Khanna's memo.

Well so much for my story.. I will definitely update on my progress.

radd
 
radd

radd, my friend,
remember, i had applied to uscis and they refused my application twice, for the i485,i765,etc.

i had informed you guys that my attorney sent it back ,well she sent it back 3 times, and you know what :::
MY APPLICATION HAS BEEN ACCEPTED, AND THE RECEIPT NOTICES HAVE BEEN MAILED OUT ALREADY.
my attorney had requested that the uscis use my spouse's country as the chargeable country and it worked, i'm from india and had my labor cleared in november, so that was the reason the uscis refused my application .
now ,i think the entire process will take me 6 months from the time i receive my travel doc. and ead to receive my green card.
i'm so damn happy, have'nt been home to india for 5 years now.
ALL YOU GUYS HERE IN THIS FORUM ARE THE BEST, AND LET'S NOT FORGET MR. RAJIV KHANNA.
THANK YOU ALL.
A VERY SPECIAL THANK YOU TO YOU --RADD---. THANK YOU.
I WILL KEEP CHECKING THIS FORUM AND UPDATE YOU GUYS AS THINGS PROGRESS.
GOD BLESS.
 
Hi mwang1976

Did you ever hear anything back from USCIS re you cross chargeability petition?
I sent in my request some 45 days ago and haven't heard a peep. No change in
LUD either. I called them and they said to wait 60 days for a response before
calling.

Folks: if anyone has had a response from USCIS re their CC request, please post it
here.

Thanks
 
have not heard anything from INS since my lawyer filed CC application. I had my FP cleared in Oct. No LUD change on my 485 and 140 after that. My lawyer suggested me not to call INS yet and his recommendation is to call them after 140 is approved so there may be a chance to them to approve my 485 together. However, 140 in CSC seems not moving for last two or three months, so I have no progress on my case.

BTW, could you please tell me what's the number you called to check with INS CSC? Thanks much.

mwang1976
 
Congrats!!!!

reddave said:
radd, my friend,
remember, i had applied to uscis and they refused my application twice, for the i485,i765,etc.

i had informed you guys that my attorney sent it back ,well she sent it back 3 times, and you know what :::
MY APPLICATION HAS BEEN ACCEPTED, AND THE RECEIPT NOTICES HAVE BEEN MAILED OUT ALREADY.
my attorney had requested that the uscis use my spouse's country as the chargeable country and it worked, i'm from india and had my labor cleared in november, so that was the reason the uscis refused my application .
now ,i think the entire process will take me 6 months from the time i receive my travel doc. and ead to receive my green card.
i'm so damn happy, have'nt been home to india for 5 years now.
ALL YOU GUYS HERE IN THIS FORUM ARE THE BEST, AND LET'S NOT FORGET MR. RAJIV KHANNA.
THANK YOU ALL.
A VERY SPECIAL THANK YOU TO YOU --RADD---. THANK YOU.
I WILL KEEP CHECKING THIS FORUM AND UPDATE YOU GUYS AS THINGS PROGRESS.
GOD BLESS.
Click to expand...


reddave,
Congragulations!!. Was away for a while and just read your post. Very happy that things are moving for you. Keep us updated and all you guys out there please update too..

radd
 
mwang1976 said:
have not heard anything from INS since my lawyer filed CC application. I had my FP cleared in Oct. No LUD change on my 485 and 140 after that. My lawyer suggested me not to call INS yet and his recommendation is to call them after 140 is approved so there may be a chance to them to approve my 485 together. However, 140 in CSC seems not moving for last two or three months, so I have no progress on my case.

BTW, could you please tell me what's the number you called to check with INS CSC? Thanks much.

mwang1976
Click to expand...

I submitted mine to VSC. I simply called the 800 national customer service
number listed on the USCIS home page. Also, my situation is somewhat
different. I have an approved I-140 (EB-2/NIW) and a subsequently filed
and currently pending I-485. All I want to know is whether they will accept
my request for cross-chargeing.
 
Cross-Chargeability 485 application sent back by USCIS

Hi reddave,

My lawyer informed me today that my Cross-Chargeability 485 application has been sent back by USCIS.

She mentioned that she would be re-submitting the application again after I get the I-140 receipt notice and that she is confident that it would be accepted..Let's see???

Did your lawyer submit anything special in the resubmissions. Anything that I should be aware of. ( My lawyer had attached the Cross-Chargeability cover letter ).

Also did you get the I-485 receipt notices yet? Please confirm.

Thanks.


reddave said:
radd, my friend,
remember, i had applied to uscis and they refused my application twice, for the i485,i765,etc.

i had informed you guys that my attorney sent it back ,well she sent it back 3 times, and you know what :::
MY APPLICATION HAS BEEN ACCEPTED, AND THE RECEIPT NOTICES HAVE BEEN MAILED OUT ALREADY.
my attorney had requested that the uscis use my spouse's country as the chargeable country and it worked, i'm from india and had my labor cleared in november, so that was the reason the uscis refused my application .
now ,i think the entire process will take me 6 months from the time i receive my travel doc. and ead to receive my green card.
i'm so damn happy, have'nt been home to india for 5 years now.
ALL YOU GUYS HERE IN THIS FORUM ARE THE BEST, AND LET'S NOT FORGET MR. RAJIV KHANNA.
THANK YOU ALL.
A VERY SPECIAL THANK YOU TO YOU --RADD---. THANK YOU.
I WILL KEEP CHECKING THIS FORUM AND UPDATE YOU GUYS AS THINGS PROGRESS.
GOD BLESS.
Click to expand...
 
Last edited by a moderator:
Update

Endeavour2003

Any update on resubmission of your 485 ?

I filed for cross chargeability with TSC: no updates yet. I do not know if they accepted it or not. My 485 was filed before the Oct 1 deadline for retrogression.
 
my case also returned

Hi,

I filed my I-485 application using Cross-Chargeability in the first week of december 2005, CSC returned the applications..

My attorney refiled again (sent the packages again) to CSC last week, no news yet! I will post if i receive anything.

-ToughGc
 
CSC accepted my I-485 application

My lawyer resent the I-485 application on 12/15/2005 to CSC and we received receipt notice on 12/27/2005. Which means they accepted my application. I used Cross chargeability (my wife's country quota) for filing this I-485 application.

toughgc said:
Hi,

I filed my I-485 application using Cross-Chargeability in the first week of december 2005, CSC returned the applications..

My attorney refiled again (sent the packages again) to CSC last week, no news yet! I will post if i receive anything.

-ToughGc
Click to expand...
 
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