Concurrent Filing - Using Cross Chargeability

Birth certificate in arabic

I need to give the Birth certificate for my wife for applying Cross Changeabilty.but the one we have is completely written in arabic language.How to present this to USCIS. Is there any way to attest this by some arabic known attorney and send it to USCIS?Please advise
 
help needed.

hadron said:
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).
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I have a situation here. i filed for labor and expecting it any moment .the thing is i have Indian citizenship.but i was born in Nigeria.I am also in EB2 RIR category.I have a confusion do i come under India quota or Nigeria quota. if i come under Nigeria quota can i file 140/485/ead/ap together after my labor is cleared..Any inputs.
 
You fall under the nigerian quota. It clearly goes by country of birth. Make sure to put a cover letter with 24pt BOLD letters stating 'country of birth Nigeria' on top of your I485 request, also print it in bold on the outside of your envelope. Your spouse would also be eligible to file I485, even if he/she was born in india (cross-chargeability).

(not often that someone will tell you that you ar lucky by being born in Naija)
 
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What a relief

hadron said:
You fall under the nigerian quota. It clearly goes by country of birth. Make sure to put a cover letter with 24pt BOLD letters stating 'country of birth Nigeria' on top of your I485 request, also print it in bold on the outside of your envelope. Your spouse would also be eligible to file I485, even if he/she was born in india (cross-chargeability).

(not often that someone will tell you that you ar lucky by being born in Naija)
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Thanks for your input .Its a huge relief.So when my labor is cleared i can file 140/485 /ead/ap concurrently and expect my ead/ap soon .isnt ead/ap also influenced by country of birth and visa availability.
Also wont i fall under rest of the world category.Any inputs.
 
Last thing I know, the worldwide EB-2 category was not backlogged so you should be fine.

EAD/AP are independent from country of birth.
 
help please

hadron said:
Last thing I know, the worldwide EB-2 category was not backlogged so you should be fine.

EAD/AP are independent from country of birth.
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BUt u can file for ead/ap when u file for 140/485 concurrently right.becoz my dates are current .can i not also file ead/ap when i file for 140/485.
Any inputs
 
Chocolate said:
BUt u can file for ead/ap when u file for 140/485 concurrently right.becoz my dates are current .can i not also file ead/ap when i file for 140/485.
Any inputs
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Yes. if your dates are current... which in your case would be .. then yes you can file for AP and EAD too along with I485...

What is your PD? I myself just came out of PBEC and filed I140, I485, AP and EAD yesterday under CC. I am now waiting for the VSC to acept my application...

radd
 
Helpful info

radd said:
Yes. if your dates are current... which in your case would be .. then yes you can file for AP and EAD too along with I485...

What is your PD? I myself just came out of PBEC and filed I140, I485, AP and EAD yesterday under CC. I am now waiting for the VSC to acept my application...

radd
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Thanks for the info. Now i am relieved.My PD is May 2004 i am yet to clear the labor. some of my friends scared me by telling i cant file for ead/ap and 485 as my quota will also be backlogged.

Congrats on clearing the labor stage.Dont worry in a week you will hear from VSC.how long did it take for u to file for 140 /485/ap/ead from the time u cleared your labor. so that i will be ready with all documents.
 
Chocolate said:
Thanks for the info. Now i am relieved.My PD is May 2004 i am yet to clear the labor. some of my friends scared me by telling i cant file for ead/ap and 485 as my quota will also be backlogged.

Congrats on clearing the labor stage.Dont worry in a week you will hear from VSC.how long did it take for u to file for 140 /485/ap/ead from the time u cleared your labor. so that i will be ready with all documents.
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Thanks. If I had waited anothrt 2 weeks I could have filed the regular way as my PD (03/2002) is becoming current in April. But I was ready and wanted to beat the rush.. so I just went ahead to file under CC.

It takes about 3 weeks. If your employer has the required documents ready then might be shorter.. Check with your attorney on the required documents and you might at least want to get your end of the papers ready.

Pease update in this forum when you file as your spouse would fall under CC. We are all learning from each others experiences on CC here.

radd
 
Helpful info

radd said:
Thanks. If I had waited anothrt 2 weeks I could have filed the regular way as my PD (03/2002) is becoming current in April. But I was ready and wanted to beat the rush.. so I just went ahead to file under CC.

It takes about 3 weeks. If your employer has the required documents ready then might be shorter.. Check with your attorney on the required documents and you might at least want to get your end of the papers ready.

Pease update in this forum when you file as your spouse would fall under CC. We are all learning from each others experiences on CC here.

radd
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What are the documents i need to keep ready ? also wud it be wise for myself filing ead/ap and telling lawyer to file 140/485 as he files conventional way and i was looking at filing online.Also just to be sure what documents shud my lawyer be ready with.Thanks for your info.
 
Chocolate said:
What are the documents i need to keep ready ? also wud it be wise for myself filing ead/ap and telling lawyer to file 140/485 as he files conventional way and i was looking at filing online.Also just to be sure what documents shud my lawyer be ready with.Thanks for your info.
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It varies lawyer to lawyer... some need more that others. So its best to check with your lawyer. if you need a list of what I have sent send me a PM.. this thread is not appropriate.. Yes you can apply for AP and EAD yourself..

radd
 
You as the primary applicant DON'T have to file under cross chargeability as you are in a 'current' category (EB-2 resto of world incl. Nigeria).


Get that I1140/I485 rolling ASAP (incl. EAD/AP). If for some reason, EB-2 gets backlogged, you at least have the papers to keep working.
 
Hello everyone!

My lawyer sent the packet to VSC requestion concurrent filing based on Cross Chargeability. Mine is an Eb2 case and my wife is born in a country that is current.

It got returned once stating the Visa numbers are not available for my category. Clearly they did not consider Cross-Chargeability. My lawyer sent the packed again two weeks back. It got returned again two days back. Only this time they accepted the I-140 application from it and returned the rest of it saying that Visa numbers not available for this category.

My lawyer had clearly enclosed a letter with subject in BOLD saying - consider Cross Chargeability using Spose's country of birth due to Visa retrogression.

Now my lawyer is confused too as to what needs to be done. She said she is doing some research on what further can be done..

I am stuck with this now. Wonder how things shape further. Will keep you all posted.

All you guys who got their applications accepted using Cross-Chargeability - Any Suggestions ?????????
 
The problem is, that for adjustment of status, there is no cross-chargeability in the statutes. The 'foreign affairs manual' specifies the cross-chargeability process for consular processing immigrant visas. The service centers have accepted cross-charged applications on and off, but due to the lack of an official rule on this you can't go to court over it.

Consider changing the I140 to consular processing so you can use cross-chargeability.
 
navneetsharma said:
Hello everyone!

My lawyer sent the packet to VSC requestion concurrent filing based on Cross Chargeability. Mine is an Eb2 case and my wife is born in a country that is current.

It got returned once stating the Visa numbers are not available for my category. Clearly they did not consider Cross-Chargeability. My lawyer sent the packed again two weeks back. It got returned again two days back. Only this time they accepted the I-140 application from it and returned the rest of it saying that Visa numbers not available for this category.

My lawyer had clearly enclosed a letter with subject in BOLD saying - consider Cross Chargeability using Spose's country of birth due to Visa retrogression.

Now my lawyer is confused too as to what needs to be done. She said she is doing some research on what further can be done..

I am stuck with this now. Wonder how things shape further. Will keep you all posted.

All you guys who got their applications accepted using Cross-Chargeability - Any Suggestions ?????????
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I sent my package, I140/I485/AP/EAD on 03/15 using CC. Got receipt notice after 2 weeks. VSC accepted my package. At the time my package was sent, my PD(03/02) was retrogressed but I used CC to apply. However, as of Apr, I qualify to apply even without CC.. I don't know whether that made the difference..

I know that there was another user, reddave who went through the same as you did but finally got his application accepted. Contact him.

radd
RIR EB2 worldwide using CC
PD: 03/25/02
RD: 03/15/06
 
Thanks Hadron / Radd.

I would be talking to my lawyer as well tomorrow. Will find out what they have to say on this now. Will keep you posted.
 
If you believe some of the posts here, sending it back repetitively can do the trick. Also, your attorney might be able to get something done through the AILA liasion or the congressmans office.

Please note that USCIS changed the filing procedures. Apparently ALL I140s go to one processing center from now on. (another ill-fated attempt at centralization. I would like to go back to the old days where your employers HR person could pick up a green-card for a new hire at the local INS office within a couple of weeks).
 
hadron

I did go through the posts here and I too went through the same. The first time my lawyer sent the application, the USCIS sent it back. When my lawyer resent it the second time highlighting all the cross chargeabilty part of the covering letter, the USCIS sent the receipt no for my I-140 and returned the balance application saying no visa nos available for this category.

I would be talking to my lawyer on friday now as she is out of town until tomorrow. Hoping that she comes up with some bright idea or something of the sorts.

This is become more like a lottery thing. Keep trying and they may accept it.
 
I don't think they cash the check when you send it in. I have heard that TSC accepts cross-charged applications. Consider moving your mailing address into the TSC jurisdiction and re-submit from there (read the memo on the new centralization concept first).
 
Yes, Texas Service center actually has a seperate form for Cross Chargeability that needs to be attached and sent as a covering sheet.

I am not sure how I could shift the mailing address to Texas as I live in New Jersey. The new Memo says all applications to be send to NSC and they would then decide the split between them and TSC. So there could be a possibility that they themselves adjucate the case.

Either which ways, I am waiting to talk to my lawyer tomorrow. Hoping that they come up with a better solution.

Some folks in another forum have suggested sending it again to VSC to a supervisor. Actually there is this info as well updated on Immigration.com in the VSC updates. See below -
_____________________________
The Vermont Service Center updates on the petitions resubmitted to the Service Center after an initial improper rejection. The petitions should have a brightly colored coversheet marked "Att: CRU Supervisor" and "Case Improperly Rejected" in large block letters. In addition to the coversheet with the resubmitted petition a letter should also be included describing the reason(s) why the case was improperly rejected.

Resubmitted cases should be sent to the following address:

USCIS/Vermont Service Center
ATTN: CRU Supervisor/Improper rejection
75 Lower Welden Street
St. Albans, VT 05479-0001

Click here for "Example Coversheet"
______________________________
 
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