Concurrent Filing - Using Cross Chargeability

Glad to hear this

toughgc,

Thanks for your update. Glad to know that CSC accepted your application for 485.

Good Luck !
MDGUTS
 
Hi touchgc,

Thanks for your update. Glad to know that CSC accepted your application for 485.

I just got my labor approved through PERM on the 23rd december. I too plan to file using cross chargeability using my wife's country of birth. If I need any help or information, I will get in touch with you.

Thanks and Good luck!
 
Questions on CC

Hi Guys:

I just got my LC certified today through PERM. I happen that to read this Thread, and very confusing, can some tell me what is the purpose by using Cross Chargeability? Where can I get info. about Retg? Can I file I-140, I-485, AP, and EAD all togther along with my spouse? Thanks in advance!
 
> can some tell me what is the purpose by using Cross Chargeability?

If you are from a retrogressed country, but your spouse was born in a non-retrogressed country, you are able to file under your spouses visa-quota. If you go through consular processing, this is chiseled in law (the foreign affairs manual) and therefore routinely granted. If you go through adjustment of status, things are a bit more interesting. USCIS doesn't really have rules on this and as long as there was no retrogression it was a non-issue. Now, apparently different processing centers handle the 'cross-charged' cases differently and this is the information this thread is trying to collect.
 
Reg: concurrent filing using cross chargeability

Hi toughGC,
When your lawyer sent the 485 application for a second time, did she/he send it to a supervisor?
I applied for concurrent filing using cross chargeability in the last week of december. But I have'nt got the receipt notice yet. My lawyer told that since she has addressed the application to the supervisor, it wll take longer to get the receipt notice. Is this right? Does anyone have any opinion about sending it directly to a supervisor?
 
To take advantage of the cross chargeability - does it have to be spouse's country of birth or can it also be the country of citizenship?
 
> To take advantage of the cross chargeability - does it have to be
> spouse's country of birth or can it also be the country of citizenship?

Immigration visa quotas go by country of birth (unless both of your parents where not citizens of that country, then you can claim the country of your parents citizenship).
 
hadron said:
> To take advantage of the cross chargeability - does it have to be
> spouse's country of birth or can it also be the country of citizenship?

Immigration visa quotas go by country of birth (unless both of your parents where not citizens of that country, then you can claim the country of your parents citizenship).
Click to expand...

Thanks Hadron for the response but I am lost. Where do the parents come into the picture? My scenario is that I am an Indian citizen and also born in India while my wife is a Canadian citizen but born in India and WAS an Indian citizen. Given the situation, would I be able to take advantage of Cross Chargeability?
 
I don't think my lawyer sent to Supervisor. When he refiled, he sent different cover letter explaining the Cross Chargeability and my PD.

abu2003 said:
Hi toughGC,
When your lawyer sent the 485 application for a second time, did she/he send it to a supervisor?
I applied for concurrent filing using cross chargeability in the last week of december. But I have'nt got the receipt notice yet. My lawyer told that since she has addressed the application to the supervisor, it wll take longer to get the receipt notice. Is this right? Does anyone have any opinion about sending it directly to a supervisor?
Click to expand...
 
If you are both born in india, there is no benefit for you in cross-chargeability. A citizenship acquired later on doesn't help, sorry.

(this is how the parents come in: you are born in india, but lets say your parents were UK expats living in india at the time, you would not be stuck with india as your country of birth but you could claim UK as the country of your parents)
 
hadron said:
If you are both born in india, there is no benefit for you in cross-chargeability. A citizenship acquired later on doesn't help, sorry.

(this is how the parents come in: you are born in india, but lets say your parents were UK expats living in india at the time, you would not be stuck with india as your country of birth but you could claim UK as the country of your parents)
Click to expand...

Hadron - thanks for the clarification.
:rolleyes:
 
My would be wife was born in Nigeria

I am from India. My would be wife was born in Nigeria but is an Indian citizen.
I have been hit by retrogression , Can i use CC ann switch my application to her country of birth once i get married to her.
MY details:
PD: DEC'01. EB3.
I-485 RD : 11/17/03.
Used AC21 and working on my second EAD.
Please advice.. Is CC an option once married?
Thanks.
 
I have been hit by retrogression , Can i use CC ann switch my application to her country of birth once i get married to her.
Click to expand...

I suspect that this has to be done at the time of filing. In cases of AOS processing, the use of cross-chargeability is a bit iffy anyway. As you can see here, a good number of cross-chargeable I485s get sent back by USCIS. But for a change, the lack of rules on cross-chargeability could work for your advantage here.

Make sure that you marry her before you I485 is approved. That way, she is able to file for adjustment based on your approved petition, if you marry later she has to wait 6-7 years until you are a citizen.

But heck its allways worth a try. Find an attorney who is willing to 'make new law' by filing something inventive. If they take the bait, you might be able to adjust earlier.
 
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what documents do I need

Thanks Hadron,
I think you are right as I haven't really seen too many CC positives on this forum so far.
But are you sure just a Birth certificate is enough to put the person in another country's pool of visas..?
Thanks
 
Yep. The 'immigration and nationality act' states that for the visa allocation your country of birth is the law (exceptions cross-chargeability in CP and that thing with your parents I mentioned above).
 
I-485

Hi:

I need info from you who know about this, I am EB3, and in the process of filing I-140. I wondering can I file I-485, EAD, and AP together once I-140 approve? Or I have to wait for the number? Thanks in advance!
 
> Or I have to wait for the number?

As the 'worldwide' category for EB-3 is backlogged, no matter where you are from you currently cannot file for adjustment of status (with EAD/AP).

Only if a 'immigrant visa number is immediately available' you can file an I485.
 
Approvals with cross-chargability?? Anyone

Guys,
Its been a while and I am watching this thread but have not noticed if anybody was succesful. Has anybody seen approvals? How long does it take to process once the numbers are available.

Here is my dilemma- My PD is 16 April 01. My lawyer is asking extra fee for this ( Lawyers :( I know). If is going to take same amount of time with cc then why bother ?? Please post your opinion/comments.
 
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Hi guys,

I filed my case Under Cross Chargeability. Here is my signature

EB2, VSC, PERM
PD : Dec 05
RD : 30 Dec 05
ND : 05 Jan 06 (All EAD, AP, 140 and 485 for me and my spouse)
LUD : 27 Jan 06 (All EAD, AP, 140 and 485 for me and my spouse)
FP(Code 3) : 08 Feb 06

EAD : ?
AP : ?
140 : ?
485 : ?

Now started Playing waiting game with USCIS.
 
Its frustrating

These are my details , I still haven't got FP and no change online message.

EB2, Worldwide, TSC
RD: Jan first week 2006 (For I140, I 485, I131,I765)
AD for I131:First week Feb 2006 (Online Message)
AD for I765:First Week Feb 2006 (Online message)
FP:?
AD I 140: ?
AD I485: ?


God knows when I will be getting my FP and Green Card? Anybody in the same boat.
 
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