Concurrent Filing - Using Cross Chargeability

[WellWisher007]

To Ks_cc

Ks,

Since you are online and actively posting responses and helping people, I have some questions for you:

1) For using cross-chargeability, it is advisable to have an approved I-140 before applying for the I-485? Or you would recommend going for concurrent filing?

2) I also am planning to use 'Priority Date' transfer on my case? Would combination of both 'Priority Date Transfer' and 'Cross-chargeability cause any issues with the adjudication?

Thank you in advance.

raidohri,

Here ya go...hope this makes you feel better...

http://www.murthy.com/news/n_nscdel.html

NSC : Delays in Issuance of Receipt Notices
Posted Jan 05, 2007
At the end of December 2006, the Nebraska Service Center (NSC) acknowledged delays in the issuance and transmission of receipt notices. NSC has assigned additional officers to this process in an effort to address the problem. They expect to bring things up to date by mid January 2007.
The NSC established an eMail address for inquiries on cases that have been filed with NSC for more than 15 days, but for which receipts have not been issued. In order to use the eMail service, one must be able to confirm the date of delivery with a tracking number from the delivery service. This eMail address is available to attorneys through the American Immigration Lawyers Association (AILA).
Use of this method of contact should be limited to urgent matters, since the NSC says that they will resolve the problem in two weeks. Thus, for most people it appears that a bit more patience is all that is needed. We at the Murthy Law Firm appreciate efforts on the parts of the NSC and USCIS towards a speedy resolution to this problem.

 

[ks_cc]

Ks,

Since you are online and actively posting responses and helping people, I have some questions for you:

1) For using cross-chargeability, it is advisable to have an approved I-140 before applying for the I-485? Or you would recommend going for concurrent filing?

2) I also am planning to use 'Priority Date' transfer on my case? Would combination of both 'Priority Date Transfer' and 'Cross-chargeability cause any issues with the adjudication?

Thank you in advance.

Hello WellWisher,
Hope you are well.
For cross-chargeability, or for concurrent 140/485 filing in general, there was rumbling that the facility to do so would be unavailable come March 2007. I haven't heard if USCIS has actively decided to end concurrent filing.
Filing together or separately is a personal call in my opinion. I subscribe to the "file together and get it over with" philosophy.

One important thing to keep in mind for employment based AOS is that without the 140 being approved, the 485 petitions languish in obscurity. In the past, where 140 approvals used to take anywhere between a few weeks to several months, people I guess preferred to file concurrently so that their 485s start being processed as soon as the 140 is approved without any further intervention on their part, such as sending in the 485 and associated papers, such as for EAD/AP, etc. I personally was one of the lucky ones, wherein my 140 was approved, sans any RFEs, in a little less than two months or something like that. Premium processing wasn't even an option at that point.
To further that, with the introduction of premium processing for the 140, where you're certain to get approved blazingly fast, it doesn't really matter if you file concurrently or not. The benefit of filing concurrently (to me anyway), is that the papers and sent, and all I do is wait for receipt numbers to track. Period, end of story.

Lastly, I am not sure what the priority date transfer means. Does that imply your utilization of a pre-approved labor? If so, the answer is no. It does not impact cross-chargeability in any way. If your country of chargeability has currently available visas, then you can file CC for sure. If you are, I urge you to read through this thread. There was also a CC cover letter form posted several pages ago by williamtt. A majority of us were unaware of the existence of this form, so if it benefits later filers, thats outstanding.

Good luck!

 

[WellWisher007]

Thanks for your response and the CC form info. I will look for it.

Hello WellWisher,
Hope you are well.
For cross-chargeability, or for concurrent 140/485 filing in general, there was rumbling that the facility to do so would be unavailable come March 2007. I haven't heard if USCIS has actively decided to end concurrent filing.
Filing together or separately is a personal call in my opinion. I subscribe to the "file together and get it over with" philosophy.

One important thing to keep in mind for employment based AOS is that without the 140 being approved, the 485 petitions languish in obscurity. In the past, where 140 approvals used to take anywhere between a few weeks to several months, people I guess preferred to file concurrently so that their 485s start being processed as soon as the 140 is approved without any further intervention on their part, such as sending in the 485 and associated papers, such as for EAD/AP, etc. I personally was one of the lucky ones, wherein my 140 was approved, sans any RFEs, in a little less than two months or something like that. Premium processing wasn't even an option at that point.
To further that, with the introduction of premium processing for the 140, where you're certain to get approved blazingly fast, it doesn't really matter if you file concurrently or not. The benefit of filing concurrently (to me anyway), is that the papers and sent, and all I do is wait for receipt numbers to track. Period, end of story.

Lastly, I am not sure what the priority date transfer means. Does that imply your utilization of a pre-approved labor? If so, the answer is no. It does not impact cross-chargeability in any way. If your country of chargeability has currently available visas, then you can file CC for sure. If you are, I urge you to read through this thread. There was also a CC cover letter form posted several pages ago by williamtt. A majority of us were unaware of the existence of this form, so if it benefits later filers, thats outstanding.

Good luck!

 

[gz71]

gz71,
Did you use cross chargability? My application was re-filed Jan 9th 2007, after it was initially returned to attorney. I havent received my rcpts yet.

yes

 

[overboard]

SCARY!
I logged on to type out the same question to you!
I just heard from the consulting firm that the attorneys do have the receipts and are going to scan them and PDF them over in a few minutes. That was a few hours ago and I haven't recvd them yet, but yes, the attorneys office has them. I was starting to get concerned.
Radd, dbins..how about you guys? Filed renewals yet?

ks,

I havent received my receipts yet.. How long did it take you to get the receipts from filing date?

Cheers

 

[ks_cc]

ks,

I havent received my receipts yet.. How long did it take you to get the receipts from filing date?

Cheers

Hey overboard.

Just got my receipts from the employer, and added them to my USCIS portfolio. The RD on the EAD and APs are January 17th 2007. I think the attorneys got them on Jan 25 and they were sent to VSC on the 15th.
So,
Sent (EAD & AP renewals for self & spouse) - Jan 15
USCIS RD - Jan 17
USCIS ND - Jan 18
USCIS LUD - Jan 23
Attorney Recvd Receipts - Jan 25 (give or take a day)
I got them - Jan 29.

Still, could you update the tracker when you get a chance with the EAD(2) and AP(2) please. Not sure how you want to track this.

 

[pranju]

I 485 under CC got rejected

Hi all , I am new to this forum , I applied for I 485 under CC and it got rejected saying that PD is not current . Does it mean that they have not seen my packet based on CC ? should I apply again ? and if so what precaution or changes i need to make so that it can be properly seen as a CC packet and does not get rejected .

please guide me .

Thanks
Pranju

 

[overboard]

Hey overboard.

Just got my receipts from the employer, and added them to my USCIS portfolio. The RD on the EAD and APs are January 17th 2007. I think the attorneys got them on Jan 25 and they were sent to VSC on the 15th.
So,
Sent (EAD & AP renewals for self & spouse) - Jan 15
USCIS RD - Jan 17
USCIS ND - Jan 18
USCIS LUD - Jan 23
Attorney Recvd Receipts - Jan 25 (give or take a day)
I got them - Jan 29.

Still, could you update the tracker when you get a chance with the EAD(2) and AP(2) please. Not sure how you want to track this.

Hey ks...

I got my receipts for EAD2 and AP2 ..

USCIS RD - Jan 23
USCIS LUD - Jan 29

Feels like back in March of 06 again with all my applications in process 140/485/EAD/AP....

Cheers....

 

[Zeppelin]

Hi Pranju,

I am not an expert on this issue and you can get a better answer from some Gurus on this forum, however as you said; its quite possible that USCIS might have overlooked you CC request sent along with your application. If you read through this forum, someone in the past had attached a sample of CC request form which you can download and append to your application next time around.

-Zeppelin

Hi all , I am new to this forum , I applied for I 485 under CC and it got rejected saying that PD is not current . Does it mean that they have not seen my packet based on CC ? should I apply again ? and if so what precaution or changes i need to make so that it can be properly seen as a CC packet and does not get rejected .

please guide me .

Thanks
Pranju

 

[ks_cc]

Hi Pranju,

I am not an expert on this issue and you can get a better answer from some Gurus on this forum, however as you said; its quite possible that USCIS might have overlooked you CC request sent along with your application. If you read through this forum, someone in the past had attached a sample of CC request form which you can download and append to your application next time around.

-Zeppelin

Pranju

Welcome aboard.

I'm sorry that USCIS sent your applications back. However, take heart in the fact that most if not all of us on this thread, myself included, have undergone the very same thing.

A while ago I posted the process of how USCIS looks over incoming documents. Long story short, the mailroom processors are contractors with little to no knowledge of the INA or immigration laws. Your application needs to include a cover letter, or preferably the form that Zeppelin makes reference to. When sending the documents back to USCIS, I would advise that you mark the envelope as "ATTN: Mailroom Supervisor" with subject: "Incorrectly rejected application". Do this besides the CC cover letter and/or form.

I'd also advise you to spend the weekend to read through this entire thread to gain some insight into what's been happening for the past year with us CC-ers.

Good luck and keep us posted.
Regards
k

 

[ks_cc]

Hey ks...

I got my receipts for EAD2 and AP2 ..

USCIS RD - Jan 23
USCIS LUD - Jan 29

Feels like back in March of 06 again with all my applications in process 140/485/EAD/AP....

Cheers....

Good to know!
Yup, its deja-vu all over again. This time without the rose colored glasses that foresaw some quick approvals. I flushed that pair
Radd, dude, you've been awfully quiet. Did you apply for renewals yet? Or did you get approved and are sitting on a beach somewhere? Any follow up Infopass appts or so after your last call to VSC where they told you that you were in the name check black hole?

Hey folks, just a sidenote....the letter I sent VSC back on Christmas eve...yeah....I think its somewhere in a recycling plant right now. Oh well...c'est la vie.

 

[ks_cc]

Ead2/ap2

FYI

LUD of today, 01/31/2007 on EAD and AP (renewal) applications for spouse and self.

No LUDs on 485 since 06/09/2006 for me (Addr change) and 08/10/2006 for spouse (Birth Cert RFE sent & recvd).

 

[Zeppelin]

CC Approval trend statistics

Hi Guys,

So far the only statistics I have seen for CC approvals is the tracker maintained by StillP. As far as I know the only forum that has any information for CC'ers is this forum (It did provide me with a wealth of information).
Do any of you guys have any information whether there are people besides the one on this forum who have successfully filed their AOS using CC and got approvals. Agreed that the namecheck is an inevitable blackhole(fo most of us I guess) but is there any information out there (trackitt/immigrationwatch) about CC filers ?

Ignorance is bliss and silence is poetry
My question must be a deja-vu for most early 2006 filers.
I didnt even know about CC till september 06 when I stumbled across this forum and then the anxiety started. Thanks Radd for starting this thread and thanks StillP for maintaining the tracker and KS_CC for all the replies post-haste!

Excuse me for sending emails every other week with my twisted questions but the replies I get or for that matter even seeing some active exchange of Q and A's on this thread is comforting.

Not sure how many of you guys feel the same or felt the same!!!!

-Zeppelin
\m/

 

[ks_cc]

Hi Guys,

So far the only statistics I have seen for CC approvals is the tracker maintained by StillP. As far as I know the only forum that has any information for CC'ers is this forum (It did provide me with a wealth of information).
Do any of you guys have any information whether there are people besides the one on this forum who have successfully filed their AOS using CC and got approvals. Agreed that the namecheck is an inevitable blackhole(fo most of us I guess) but is there any information out there (trackitt/immigrationwatch) about CC filers ?

Ignorance is bliss and silence is poetry
My question must be a deja-vu for most early 2006 filers.
I didnt even know about CC till september 06 when I stumbled across this forum and then the anxiety started. Thanks Radd for starting this thread and thanks StillP for maintaining the tracker and KS_CC for all the replies post-haste!

Excuse me for sending emails every other week with my twisted questions but the replies I get or for that matter even seeing some active exchange of Q and A's on this thread is comforting.

Not sure how many of you guys feel the same or felt the same!!!!

-Zeppelin
\m/

Zeppelin,
Agreed. Major props to Radd for starting this thread and to Still for maintaing the tracker. Actually to answer your question, yes, I have noticed some approvals using CC that have been posted within this forum, but not in this thread. I've also noticed a couple on the murthy forums. I guess not many folks know about this thread, but have successfully used CC to get their approvals. Good for them. There was a person a while ago who did get his approval and posted it here, acknowledging that he was a silent reader of this thread, and this thread had apparently failed to provide him with useful information. Needless to say, no one on this thread replied to him...now wished him congratulations Too bad...can't please all the people all the time.

 

[pranju]

Hi Pranju,

I am not an expert on this issue and you can get a better answer from some Gurus on this forum, however as you said; its quite possible that USCIS might have overlooked you CC request sent along with your application. If you read through this forum, someone in the past had attached a sample of CC request form which you can download and append to your application next time around.

-Zeppelin

Thank you Zeppelin / KS for the reply.

There are two request form for CC , a word format and a pdf format which one should i use ? which one will be a valid format .

please reply

Thanks
Pranju

 

[ks_cc]

Thank you Zeppelin / KS for the reply.

There are two request form for CC , a word format and a pdf format which one should i use ? which one will be a valid format .

please reply

Thanks
Pranju

Pranju
Could you repost both of these and refresh our memories...its been a year...don't recall the files off the top of my head.
Thanks
k...

 

[ks_cc]

FYI

LUD of today, 01/31/2007 on EAD and AP (renewal) applications for spouse and self.

No LUDs on 485 since 06/09/2006 for me (Addr change) and 08/10/2006 for spouse (Birth Cert RFE sent & recvd).

Ditto 02/01/2007....all 4 applications. Must be some internal processing or assignment to an officer.
Gosh, I'd love a LUD on my 485 just about now.

 

[huizet]

One more joins the rejects club

I am filing under the 'Cross Chargeability' clause(my spouse is from a non-retrogressed country) to NSC.
My I-485 application has already been rejected twice already stating that my PD is not current(I am from India).
NSC has accepted the I-140 applications the first time around and we have received receipts for the same.
My lawyer has resubmitted the 485s twice with a memo (stating in bold) the cross-chargeability clause. I heard today that it has been rejected again from NSC for the same reason.
I understand that this may be at the mailroom/screening level who may be unaware of CC may be rejecting the applications. But its extremely frustrating since it takes a month only to find out that the case is back to square one.
My lawyer has resubmitted the application with the 'Attn Supervisor' note.
This is deja vu for me. My LC was in PBEC forever before I heard anything.
Any other ideas as to how to reapply based on previous experiences?
-huizet

EB2 PD 5/2003
I-140: RD Dec 2006, pending
I-485: Rejected Dec 13 2006, Jan 3rd, Jan 30 2007
CC country - U A E

 

[ks_cc]

I am filing under the 'Cross Chargeability' clause(my spouse is from a non-retrogressed country) to NSC.
My I-485 application has already been rejected twice already stating that my PD is not current(I am from India).
NSC has accepted the I-140 applications the first time around and we have received receipts for the same.
My lawyer has resubmitted the 485s twice with a memo (stating in bold) the cross-chargeability clause. I heard today that it has been rejected again from NSC for the same reason.
I understand that this may be at the mailroom/screening level who may be unaware of CC may be rejecting the applications. But its extremely frustrating since it takes a month only to find out that the case is back to square one.
My lawyer has resubmitted the application with the 'Attn Supervisor' note.
This is deja vu for me. My LC was in PBEC forever before I heard anything.
Any other ideas as to how to reapply based on previous experiences?
-huizet

EB2 PD 5/2003
I-140: RD Dec 2006, pending
I-485: Rejected Dec 13 2006, Jan 3rd, Jan 30 2007
CC country - U A E

Double ouch. Sorry for you. The ATTN: Supervisor tag should get some attention. If it (God forbid) returns, send the application to the personal attention of the NSC Director, cc-ing the Supervisor, noting the improperly rejected application. I also suggest sending a copy of the same to the CIS Ombudsman. Google for USCIS Ombudsman and you would get results on how to contact him.

 

[Zeppelin]

Correct me if I am wrong

Hi KS,

On a side note, regarding cases that get rejected when filed the very first time with reason stating that PD is not current;is there any way to find our for a fact that our already filed and accepted I485's are tagged as CC cases.
Is it possible that they can overlook a valid CC 485 case assuming that PD is not current for the principal applicant?
Agreed that our spouses case and our case are tied together, nevertheless,I have a reason to believe the above is possible if our cases are not marked with some kind of a CC stamp on the actual filed 485.
Or can we safely say that if our EAD and AP got approved, so will our 485's ?

Apprecaite your reply ?

-Zeppelin