Concurrent Filing - Using Cross Chargeability

[navneetsharma]

Did anyone check out the processing times for TSC ? Its processing dates of March 2006 for 485 applications !!! Gives me a lot of hope !!

Funny but as of August 28th, when they put up a new notice that they are now going to put accurate processing times, it had showed December 2006 (went back 2 months from Feb 2006 that it showed earlier) and within 10 days or so they have come to March 2006 !!!

Lets hope this month is the month we see our approvals.

Cheers!

 

[ks_cc]

Did anyone check out the processing times for TSC ? Its processing dates of March 2006 for 485 applications !!! Gives me a lot of hope !!

Funny but as of August 28th, when they put up a new notice that they are now going to put accurate processing times, it had showed December 2006 (went back 2 months from Feb 2006 that it showed earlier) and within 10 days or so they have come to March 2006 !!!

Lets hope this month is the month we see our approvals.

Cheers!

That's great. Hopefully the VSC follows this trend

 

[LC001]

Please Help

My lawyer filed my I-140/I-485/EAD together to NSC on 8/25/06, I got receipt on 9/5/06 from TSC. Now I like to file AP myself, which service center should I mail to? and should I mail it with certified mail service or ship it with FedEX. I hope it will be done by tomorrow. So please help me.

 

[ks_cc]

My lawyer filed my I-140/I-485/EAD together to NSC on 8/25/06, I got receipt on 9/5/06 from TSC. Now I like to file AP myself, which service center should I mail to? and should I mail it with certified mail service or ship it with FedEX. I hope it will be done by tomorrow. So please help me.

Hello LC001,
Since you got a receipt from the TSC, I would assume that your applications are with Texas, and that you should be able to file for AP based upon those receipts. I'd definitely verify this with your filing attorney. If anything, s/he may suggest to send them to the NSC from where they'd get forwarded to the TSC. Regards.

 

[nidhin_n]

Cross Chargeabilty- Spouse

Dear All,
I am currently on H1B and Applied for my LC. My wife is born in Dubai, UAE, but Indian Citizen. Can I file I-485 under Cross chargeability. Do any of the members have a similar situation as mine and was sucessful.

Thank you,
NDH

 

[vikram77]

Hey Nidhin

Absolutely. Soon as your labor is cleared, you can file your 140 and 485 concurrently along with the travel documents and the EADs for both you and your wife. Keep in mind that since there is no form, so to speak, that you fill out in order to indicate that you desire to use cc, the bright folks at the service centers sometimes dont accept the application the first time. They usually accept the application the second or third time around - it is a waste of time but considering the jump cc gives you, its still something extremely desirable. Make sure you attorney knows about cc and attaches a cover letter (printing this on bright colored paper could help) requesting that the application be accepted under cc.

Anyway, you've come to the right forum - there are guys here who can pretty much answer any questions you may have about this stuff.

Welcome aboard,
vikram

Dear All,
I am currently on H1B and Applied for my LC. My wife is born in Dubai, UAE, but Indian Citizen. Can I file I-485 under Cross chargeability. Do any of the members have a similar situation as mine and was sucessful.

Thank you,
NDH

 

[williamtt]

I485 cross chargeability filing

Nidhin,

There is a form that you can fill out to request cross chargeability. I got it from the Acting Director of NSC after I wrote to him 3 times

I tried to search for it online but could not find it.. I will scan it and send it tomorrow as a .pdf
You should be able to print it and use it..

As for myself I had used a "home made" form attached.. I could not use the form that the Director sent me because by the time he replied I had filed my application. It worked for me .. got both 485 approved last week

In case you wonder how the 485 is processed internally by USCIS I have attached their internal operating procedure.. it will explain why they may reject your application by mistake.. and why it is SO IMPORTANT to use a form requesting cross chargeability CLEARLY on the front of BOTH your 485 applications ( yours and your wife's )
(You dont have to read this.. just if you are curious)

Also try to get your I - 140 filed under EB-2 classification.. it will help you.. hope your LC requirements will let you classify as EB-2

Like you did before .. e-mail me your questions at <williamtt@gmail.com> and I will reply here on the forum ..so there is maximum information sharing..

Let me know if you have any questions..

Good Luck !
William

 

[ks_cc]

Dear All,
I am currently on H1B and Applied for my LC. My wife is born in Dubai, UAE, but Indian Citizen. Can I file I-485 under Cross chargeability. Do any of the members have a similar situation as mine and was sucessful.

Thank you,
NDH

Nidhin,
Vikram and William pretty much covered it. Welcome aboard!

 

[StillPatient]

Dear All,
I am currently on H1B and Applied for my LC. My wife is born in Dubai, UAE, but Indian Citizen. Can I file I-485 under Cross chargeability. Do any of the members have a similar situation as mine and was sucessful.

Thank you,
NDH

Of course u can. Just wait for your LC, once done file concurrently using CC.
Read all the posts in this forum to get a good idea of the dos & donts, wht all things to cross-check in the paperwork prepared by ur attorney etc.

-StillPatient

 

[williamtt]

Cross Chargeability Form from USCIS

Attached is the form you can use for requesting cross chargeability.

It is the offficial USCIS form. I cant find the online copy.. you can probably print it and use it from here.

William

 

[vikram77]

Where have thou been O Williamtt !

This form might have saved some of us months had we known something like this existed. Anyway, alls well that ends well. Hmm, Shakespeare, anyone?

vikram

Attached is the form you can use for requesting cross chargeability.

It is the offficial USCIS form. I cant find the online copy.. you can probably print it and use it from here.

William

 

[ks_cc]

Where have thou been O Williamtt !

This form might have saved some of us months had we known something like this existed. Anyway, alls well that ends well. Hmm, Shakespeare, anyone?

vikram

OMG how right you are...they actually have a form for this...jeez.

 

[bobnsk]

One more case: Application already filed without cross-chargeability but eligible

Hey guys,
I recently stumbled upon this option of cross-chargeability and after reading this forum it looks like it works. I have a slightly different situation from most of you guys and would really appreciate any and all suggestion.

My GC was applied in EB3 category in Feb 2003 (Even though I was eligible for EB2) but luckily everything kept moving so I applied for the EAD, 140 and 485 in Feb 2004 for both me and my wife under my country which is India. My wife is from another country which is not affected by retro so the big question is can I still do something to use cross-chargeability? Can I get the INS to change the charge to my wife's country? IF, YES. How? I know that the EB3 is not current even for other countries but it is moving much faster than India. Needless to say, my lawyers are useless.

END

MY CASE:
I am also in the same boat as VP_GC. I filed my I485 last year september and then read about cross-chargeability rule on this forum. I immediately posted my case on this forum. I contacted my lawyer and send all the relevant materials to them. Lawyer claims they spoke to VSC and asked me to wait till the VSC processing date reaches my filing date. Now, I see there are more information about this rule and the official cross-chargeability form. Just wondering anything can be done at this point of time. Lawyer is useless.
Thanks...

 

[StillPatient]

Hey guys,
I recently stumbled upon this option of cross-chargeability and after reading this forum it looks like it works. I have a slightly different situation from most of you guys and would really appreciate any and all suggestion.

My GC was applied in EB3 category in Feb 2003 (Even though I was eligible for EB2) but luckily everything kept moving so I applied for the EAD, 140 and 485 in Feb 2004 for both me and my wife under my country which is India. My wife is from another country which is not affected by retro so the big question is can I still do something to use cross-chargeability? Can I get the INS to change the charge to my wife's country? IF, YES. How? I know that the EB3 is not current even for other countries but it is moving much faster than India. Needless to say, my lawyers are useless.

END

MY CASE:
I am also in the same boat as VP_GC. I filed my I485 last year september and then read about cross-chargeability rule on this forum. I immediately posted my case on this forum. I contacted my lawyer and send all the relevant materials to them. Lawyer claims they spoke to VSC and asked me to wait till the VSC processing date reaches my filing date. Now, I see there are more information about this rule and the official cross-chargeability form. Just wondering anything can be done at this point of time. Lawyer is useless.
Thanks...

EB3 wont help, you require EB2 to rake in the benefits of CC.

-StillPatient

 

[bobnsk]

Thanks Stillpatient.
I am in EB2 and applied at VSC.
This can help in getting the GC faster than the normal route, if it is possible to amend the existing application.
Any option to take advantage of it one year after sending the application.

 

[vikram77]

Hey Guys

I just spoke to a rep at Nebraska about fingerprinting. Is it true that nothing will move on the 485 (like fingerprinting) unless the 140 is adjucated? Funny thing is, the online status and the cust rep said no notice was sent out but the recorded telephone message said a 797 notice of action was sent.

Thanks
vik

 

[zoujo]

Approved Using CC

My Case was approved using CC last week at NSC.
Case Details:
Sub-Labor PD: 8/2003
140/485 RD(Primary) : 7/2003
140(RFE) : 5/2004 (Company Tax Returns and Pay stubs)
140 AD: 7/2004
485 RD (Spouse) : 8/2005
485 AD (for both): 9/2006
Applied for CC(by my attorney) in Feb'06 to be charged to Saudi Arabia(Wife's country of birth) instead of India.
We both are from India.
No LUD's before approval.

 

[overboard]

ks,radd,dbins and others...

I remember we had a discussion earlier on this list regarding AP.

I used the AP to re-enter and it works

Due to an aquisition I have to ammend the approved 140 again.. Looks like my road to GC is taking a step back before it can step forward

 

[ks_cc]

My Case was approved using CC last week at NSC.
Case Details:
Sub-Labor PD: 8/2003
140/485 RD(Primary) : 7/2003
140(RFE) : 5/2004 (Company Tax Returns and Pay stubs)
140 AD: 7/2004
485 RD (Spouse) : 8/2005
485 AD (for both): 9/2006
Applied for CC(by my attorney) in Feb'06 to be charged to Saudi Arabia(Wife's country of birth) instead of India.
We both are from India.
No LUD's before approval.

Zoujo, congratulations on your approval! Its great that your attorneys were helpful in switching the country of chargeability. So I guess one can change the country charged after the 485 is submitted.

 

[ks_cc]

ks,radd,dbins and others...

I remember we had a discussion earlier on this list regarding AP.

I used the AP to re-enter and it works

Due to an aquisition I have to ammend the approved 140 again.. Looks like my road to GC is taking a step back before it can step forward

Overboard, welcome back. Hope you had a good trip. Good to know about the AP, thats awesome. Sorry to hear about amending the approved 140, but you never know, the fact that they'd be touching the case to amend the 140 may actually help the process along(?)