Concurrent Filing - Using Cross Chargeability

Question about valid immigration status

I have been a silent reader on this thread. It seems you guys know a lot about immigration. Would you help me find out answer for the below:

my wife came to the US on H4 in 2001. She got a job in 2002 and got her first H1-B. She left the job in jan 2003. I didn't file her H4 papers through my employment at that time since we were hoping she would get another job and get her H1-B transferred. So, basically she was on H1 from feb to sep'03 but not working. This H1 was not stamped on her passport. Just before her passport stamped H4 was to expire she went to our home country in Sep 2003 and got a new H4 based on my H1-B

After re-entering the US in Nov 2003 on new H4, she got another job and got her new H1-B. She visited the home country again in 2004 and got that H1-B stamped on her passport, she hasn't been out of the US since then and has been with the same job.

We are going to apply for our 485s. Based on the above do you guys think she was ever out of status ? Could any of the above be a problem for AOS ?

I guess if you haven't violated your status for more than 180 days after your last entry into the US and before filing for 485, you are ok as per section 245.
any comments/suggestions ?
 
Question: I40/RFE

ks_cc, all
we are almost ready to file the RFE response on I-140. Have a question:

The headoffice of my company is in NY while I work in CA. My labor was filed thru the CA office. My W-2/pay-stubs state company's address as NY's since the pay-roll is in NY. Since I have to provide my W-2 in the RFE response for 'A2P', could it cause problems that I work in CA but my pay-check comes from NY? The company was incorporated under the laws of the state of NY.

FYI, this is not a consulting company, I work as full time employee in CA's office.

any comments?
 
Helllo_GC said:
I have been a silent reader on this thread. It seems you guys know a lot about immigration. Would you help me find out answer for the below:

my wife came to the US on H4 in 2001. She got a job in 2002 and got her first H1-B. She left the job in jan 2003. I didn't file her H4 papers through my employment at that time since we were hoping she would get another job and get her H1-B transferred. So, basically she was on H1 from feb to sep'03 but not working. This H1 was not stamped on her passport. Just before her passport stamped H4 was to expire she went to our home country in Sep 2003 and got a new H4 based on my H1-B

After re-entering the US in Nov 2003 on new H4, she got another job and got her new H1-B. She visited the home country again in 2004 and got that H1-B stamped on her passport, she hasn't been out of the US since then and has been with the same job.

We are going to apply for our 485s. Based on the above do you guys think she was ever out of status ? Could any of the above be a problem for AOS ?

I guess if you haven't violated your status for more than 180 days after your last entry into the US and before filing for 485, you are ok as per section 245.
any comments/suggestions ?
Click to expand...
Hi,
I am not sure about section 245, and this might definitely be worth checking with an attorney, but I believe that any time spent on an H1-B wherein you are not employed and drawing a paycheck is considered accrual of time as out of status. I would recommend you verify this with your attorney if you are using one to file the AOS. If not, I'd call a reputed online attorneys office for consultation about this matter only. If you are using a lawyer, they'd most likely see this anyway (the good ones would pre-empt any issues). The good news is that I don't think that this is considered a felony (yet), so, from what I know, rectification of the situation would involve payment of a (relatively) small fine, and if I am not incorrect, its like a 1000 bucks or something.
Good luck,
ks
 
pururwa said:
ks_cc, all
we are almost ready to file the RFE response on I-140. Have a question:

The headoffice of my company is in NY while I work in CA. My labor was filed thru the CA office. My W-2/pay-stubs state company's address as NY's since the pay-roll is in NY. Since I have to provide my W-2 in the RFE response for 'A2P', could it cause problems that I work in CA but my pay-check comes from NY? The company was incorporated under the laws of the state of NY.

FYI, this is not a consulting company, I work as full time employee in CA's office.

any comments?
Click to expand...
Hey bud,
Nope shouldn't matter an iota. As long as the company has a valid prescence in CA, an office, you should be ok. The ability to pay should have no bearing where the company is located, but I see what you mean about the W2 address. But, all in all, you are good to go...good luck with the RFE Response, hopefully you see that one get approved soon after.
 
Thank you KS for your wishes

ks_cc said:
Hey bud,
Nope shouldn't matter an iota. As long as the company has a valid prescence in CA, an office, you should be ok. The ability to pay should have no bearing where the company is located, but I see what you mean about the W2 address. But, all in all, you are good to go...good luck with the RFE Response, hopefully you see that one get approved soon after.
Click to expand...
hope I see an approval soon, amen.
 
Zoujo Please help

Zoujo, I have a very similar case. I had applied for my I485 in Feb 2004 and I did not know about the cross chargeability then. I would really appreciate if you could tell me what your lawyers did to process the cross chargeability request after the submission of I485.

This would be really appreciated.

thanks,
 
Using Cross Chargeability

We didn't had any letter format at that time. My attorney drafted a letter stating that my case be charged to Saudi Arabia, instead of India. He had written it in bold on first page. Make sure you include both Alien numbers.

We also submitted my wife's birth certificate translated copy in English.

If I had been in your place I would submit my CC application (thru atty or own) twice just to be sure that I'm not retrogressed Applicant.

I assume, since this is the last month of fiscal Year 2006, they are clearing cases like mine...again this is just a guess.

You can also use this form:

http://boards.immigrationportal.com...B3DBD951A=0&bcsi_scan_filename=attachment.php

Good Luck
 
Thanks Zoujo for your help. I found an attorney who knows decently well about this scenario and I will be sending out the forms through her. I will make sure she sends them out twice just to confirm.

Your case has really given me some hope. Hopefully it will work out for us too.

Thanks again. :)
 
concurrent using cross chargeability

Hi,

I am a silent follower of ur post.but now i have a problem.my husband's I485 got transfered from TSC to NSC.and the mgs is as follows.

Application Type: I485, Application to Register Permanent Residence or to Adjust Status

Current Status:

On July 31, 2006, we transferred your I485 Application to Register Permanent Residence or to Adjust Status to our office in LINCOLN, NE for them to schedule and conduct your interview. Scheduling can take several months. Our office in LINCOLN, NE will notify you when they schedule your interview or take other action on your case.
and it didnt change from then....... :confused: :confused:

where as mine got transfered on august 1st and the i got a recept(on email)as follows

Application Type: I485, Application to Register Permanent Residence or to Adjust Status

Current Status:

On September 8, 2006, your I485 Application to Register Permanent Residence or to Adjust Status was received here for processing. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.



i am really confused..what is happening??? :confused: :confused: :confused: can anyone plz explain it............i am in a mess.

i had applied using cc.hope they accepted it.
EB2
I140-05/06 approved 09/06 :D
I485 - 07/06 :confused: :confused: :confused:


plz help.
 
KS, anybody

ks_cc said:
Hey bud,
Nope shouldn't matter an iota. As long as the company has a valid prescence in CA, an office, you should be ok. The ability to pay should have no bearing where the company is located, but I see what you mean about the W2 address. But, all in all, you are good to go...good luck with the RFE Response, hopefully you see that one get approved soon after.
Click to expand...
do you know how long it takes for CIS to update the website after receiving the response for the RFE?
 
pururwa said:
do you know how long it takes for CIS to update the website after receiving the response for the RFE?
Click to expand...
The 485 RFE for my wife's orig birth cert was sent and responded to within a week, so it took less than a week for the whole thing. I'd say expect a week after sending the RFE response for the site to reflect that.
 
zoujo said:
We didn't had any letter format at that time. My attorney drafted a letter stating that my case be charged to Saudi Arabia, instead of India. He had written it in bold on first page. Make sure you include both Alien numbers.

We also submitted my wife's birth certificate translated copy in English.

If I had been in your place I would submit my CC application (thru atty or own) twice just to be sure that I'm not retrogressed Applicant.

I assume, since this is the last month of fiscal Year 2006, they are clearing cases like mine...again this is just a guess.

You can also use this form:

http://boards.immigrationportal.com...B3DBD951A=0&bcsi_scan_filename=attachment.php

Good Luck
Click to expand...

Thanks Zoujo for this information. Your case gives us some hope as VP_GC pointed. My lawyer asked me to wait. So I am going to send it on my own. Does this letter need to be addressed with attention to a particular person to avoid the rejection at mailroom? Thanks.
 
pururwa said:
do you know how long it takes for CIS to update the website after receiving the response for the RFE?
Click to expand...

It took more that 3 weeks to update my address.it all depends on ur luck.as in pururwa case he recv it got updated with in 1 week.
 
got the email

ks_cc said:
The 485 RFE for my wife's orig birth cert was sent and responded to within a week, so it took less than a week for the whole thing. I'd say expect a week after sending the RFE response for the site to reflect that.
Click to expand...
Well, CIS worked ok this time, I got the mail today that my RFE response was received yesterday.
 
Case Approved using CC

Guys,

My case has been approved yesterday using cross chargeability. We have submitted CC paper work in Nov. 2005. EB-3 world wide crossed my PD last month. Following are my details:

PD: October 2001, EB-3 Primary India, Wife is from Spain.
I-485 sometime in 2004
Nebraska Center

Was stuck in Name check for 18 months.

On 4th EAD. I can go on....but I guess it is not really relevant anymore. On last thing we initiated an inquiry through AILA 3 weeks ago.

Good luck to you all.

RamFan
 
RamFan said:
Guys,

My case has been approved yesterday using cross chargeability. We have submitted CC paper work in Nov. 2005. EB-3 world wide crossed my PD last month. Following are my details:

PD: October 2001, EB-3 Primary India, Wife is from Spain.
I-485 sometime in 2004
Nebraska Center

Was stuck in Name check for 18 months.

On 4th EAD. I can go on....but I guess it is not really relevant anymore. On last thing we initiated an inquiry through AILA 3 weeks ago.

Good luck to you all.

RamFan
Click to expand...


congrats Ram but u know ur case brings more frear as u waited so long where as brettany spears got it in about 6 months.I think we whos cases r transfred to NSC have to wait......

i wanted to know did any one of u applyed for DV lottery?
 
RamFan said:
Guys,

My case has been approved yesterday using cross chargeability. We have submitted CC paper work in Nov. 2005. EB-3 world wide crossed my PD last month. Following are my details:

PD: October 2001, EB-3 Primary India, Wife is from Spain.
I-485 sometime in 2004
Nebraska Center

Was stuck in Name check for 18 months.

On 4th EAD. I can go on....but I guess it is not really relevant anymore. On last thing we initiated an inquiry through AILA 3 weeks ago.

Good luck to you all.

RamFan
Click to expand...


what do u mean by" On last thing we initiated an inquiry through AILA 3 weeks ago." what is this and how can one do this?
 
I-140/I-485 Filing

Hi all,
I am planning to file my I-140/I-485 thru Sheela Murthy. I am curoius to know if some one in this form has filed their I-485 through CC through Murthy Law firm. I like to get some opinions.

NKad
 
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