Concurrent Filing - Using Cross Chargeability

Senate bill

Don't know if this is of any consolation for us in name check, but Sen. Barack Obama's sponsoring a bill in the senate, which includes stipulating a 90 day maximum time limit on the FBI name check, gives them the funding they require, and requires the agency to explain why they haven't been able to process the name check within 90 days if the check period exceeds this.
 
Here's something to throw out there...

After getting the RFE's, and as ks_cc recommended, I called using the POJ (why do we call it that) to find out if our name checks were cleared.

I called first and got a rather moody rep. She went through the whole thing first telling me a couple of times that all the info she can see is what I can see online too but then went on to say that my name check was still pending. Sounded funny - almost like she just wanted to end the call. Anyway, didnt feel funny at all.

I had my wife call them with her 485 receipt number. She got someone more patient who said this - "If you got an RFE, your name check is cleared. Just send in the documents they asked for and your case should be approved." As much as I want to beleive this, why do I get the feeling so either one of them could be right....hmmm...wonder if it has anything to do with credibility...:D

Anyway, what do you guys think?
vik
 
Here's something to throw out there...

After getting the RFE's, and as ks_cc recommended, I called using the POJ (why do we call it that) to find out if our name checks were cleared.

I called first and got a rather moody rep. She went through the whole thing first telling me a couple of times that all the info she can see is what I can see online too but then went on to say that my name check was still pending. Sounded funny - almost like she just wanted to end the call. Anyway, didnt feel funny at all.

I had my wife call them with her 485 receipt number. She got someone more patient who said this - "If you got an RFE, your name check is cleared. Just send in the documents they asked for and your case should be approved." As much as I want to beleive this, why do I get the feeling so either one of them could be right....hmmm...wonder if it has anything to do with credibility...:D

Anyway, what do you guys think?
vik

Based on my experience and having read about it, its the latter. Although not necessarily true, I'd lean towards the second. That explains why USCIS tries to adjudicate 485 cases within 60 days of having received the response to an RFE. In my case, the RFE was for my wife's non-translated Japanese birth cert. Her name check was cleared within a month or two. Since I am the primary and I'm stuck, we're both stuck. So, if you got an RFE as well, which you did, chances are, you're both in the green.
Now, the ONLY way to ascertain for sure is to make an Infopass appointment and asking the immigration officer personally.
 
Hey Vik,

Sorry to harp on about the birth cert thing, but it would be of immense help for my peace of mind if you could clarify this :

So I went home last night and checked my birth cert. It has a field "Date of Registration": which is the same as my date of birth. Does it mean I don't have to worry about 'delayed registration'? I'm concerned because the date the registrar (or whoever) has signed it is a 2001 date, which is when I got a new one in India since my original birth cert has been misplaced. But even if I had the original birth cert, it didn't have any entry for my name, since my parents named me later! I guess it must be a common thing for many people born in the seventies or before, so most people must get new birth certs.

Anyway, when you said 'delayed registration', is that because the "Date of Registration" on your birth cert is a recent date and not within one/two weeks of your birth? Or is yours the same as mine and you still got the RFE?

Thanks man!

-Prez
 
???????

[- copy of my 10th grade board certificate

[/QUOTE]

Are you kidding me???? If i had to find those...i would be screwed. I have never heard of that. That was 20 years ago!!!!!
 
[- copy of my 10th grade board certificate

Are you kidding me???? If i had to find those...i would be screwed. I have never heard of that. That was 20 years ago!!!!![/QUOTE]

Wow 10th grade board cert. This is new. Wonder what they will ask for yet.
Updates on my side:
Received I-130 Approvals last week and FP notices for both of us this week. The FP has been scheduled for the end of this month.

EB2 - CC Nebraska
RD 485/140/EAD/AP 11/08/06
ND 02/13/07
I140 ND 12/14/06

EAD 02/26/07
AP 02/26/07
FP ND 03/09/07;
 
Tracker stands updated

Hi All,

The tracker has been updated

Still missing huizet & Mansarovar3000's PD

Added gc_psraj, WellWisher007, and crey's entire family data.

prezcalvin -> Please post ur deatils after u get the 485 receipt notices and I will add ur deatils.

My weekend movement went well.
Ks_cc -> Updated our(wife & mine) I485 addresses online after filling up my AR-11 online, no LUDs though, looks like my 485 is stark dead :(

-Stll
 
Good Luck

Hey guys. Well, it was RFE's. Bunch of things for me..

vik

Hey Vikram,

I saw your RFEs, its not as bad as it sounds. Once you give them what they want, with some explanation about the birth cert. I believe they will approve it right away.

One question: It takes almost 2 weeks to get the RFE in hand, How come you got the RFEs the next day after the LUD of 03/11/07 ?

good luck
 
Thanks StillPatient. My PD is 09/17/06.

It is good to hear that there has been some movement in I-485 application for CC applicants.
I had one question about NSC processing times. When the website says currently processing June 26, 2006, does that mean they are processing applications with the Receipt Date of June 26,2006 or Notice Date of June 26, 2006.
I ask this question because there is almost 1 month difference between my RD and ND. My RD is 12/14/2006 whereas ND is 01/06/2007. When I check my status on uscis website, the message says "we received your application on January 6th". The scanned copy of I-485 notice that the lawyers sent me says the receipt date is 12/14.
 
Vsc

Hmm. Looks like the VSC is transferring all pending AOS cases to the TSC. From what I've seen over the past week, they've shunted all 2004 filings, this week seems like they're doing the 2005s and I anticipate the 2006s to follow soon enough.
After dbins refiled with NSC, I think I'm the only one on this thread with pending applications at the VSC, but I think that our cases (wife and I) shall end up being transferred to Texas soon enough. I'll keep you posted.
It just feels weird...here we are just one state over from Vermont, and our applications would travel south, several hundred miles down to Texas.
Oh well, as long as they approve the cases soon, I don't care if they transfer the cases to the Timbuktoo Service Center.
From Still's tracker, it doesn't seem like anyone is filed at the CSC, since they're moving their cases to the NSC.
I'll post if and when I get notification about a transfer.
 
I just had LUD's on my 140 and 485 filied in VSC without any message change
I guess this is due to the withdrawal letters sent around refiling at NSC.
I still have had no updates on getting a new FP notices nor any approvals on AP/EAD...
 
Scary

I must have had some psychic vision.

Just got emails from CRIS....case transferred to TSC...self and spouse.
 
Hi everyone ,

My CC packet once again got rejected by the USCIS , saying that the priority date is not current . What i cannot understand is that if i am applying under CC what does it have to do with PD ? please tell me what should be next step , my lawyer says that the mailroom person has seen it as it was adressed to the supervisor , but the rejction reason is same that is PD not current .....

What should i include in the my third attempt , should i put the letter telling incorrect rejection on the top or just CC charged to Singapore at top followed by incorrect rejection .

please reply .

thanks
Pranju
 
Hi everyone ,

My CC packet once again got rejected by the USCIS , saying that the priority date is not current . What i cannot understand is that if i am applying under CC what does it have to do with PD ? please tell me what should be next step , my lawyer says that the mailroom person has seen it as it was adressed to the supervisor , but the rejction reason is same that is PD not current .....

What should i include in the my third attempt , should i put the letter telling incorrect rejection on the top or just CC charged to Singapore at top followed by incorrect rejection .

please reply .

thanks
Pranju

Oh boy. Just after Prez posted that his applications were accepted. This sucks. Yes, when you send in the third attempt, make sure its not only addressed to the supervisor, but do the other things you mentioned. Follow the pattern WellWisher posted a few days ago. Don't worry, the same thing has happened with a lot of folks. Hang in there Pranju...third time's the charm!
 
Pranju

Can you confirm if yours is an EB2 or EB3 case?
If it is a EB3 case, the visa dates are not current. If it is an EB2 case, please ensure the following:
Put a bold 30 character fonted cover page glued on to the folder containing your package, saying - "ATTENTION I140/I485 PRODUCT SUPERVISOR - VISAS ARE AVAILABLE FOR THIS CASE (EB2 WORLDWIDE CATEGORY) AS PER THE LATEST VISA BULLETIN - CROSS-CHARGEABILITY CASE - VISA NUMBERS TO BE APPLIED AGAINST SPOUSE'S NATIONALITY 'XYZ'"

Oh boy. Just after Prez posted that his applications were accepted. This sucks. Yes, when you send in the third attempt, make sure its not only addressed to the supervisor, but do the other things you mentioned. Follow the pattern WellWisher posted a few days ago. Don't worry, the same thing has happened with a lot of folks. Hang in there Pranju...third time's the charm!
 
Can you confirm if yours is an EB2 or EB3 case?
If it is a EB3 case, the visa dates are not current. If it is an EB2 case, please ensure the following:
Put a bold 30 character fonted cover page glued on to the folder containing your package, saying - "ATTENTION I140/I485 PRODUCT SUPERVISOR - VISAS ARE AVAILABLE FOR THIS CASE (EB2 WORLDWIDE CATEGORY) AS PER THE LATEST VISA BULLETIN - CROSS-CHARGEABILITY CASE - VISA NUMBERS TO BE APPLIED AGAINST SPOUSE'S NATIONALITY 'XYZ'"

Hi Wellwisher ,

Mine is Eb2 case.
 
Hi everyone ,

If the CC packet have been rejected what does file number starting with A means ? it was N/ A first time but second time there is a number starting with A.

Thanks
Pranju
 
Pranju, try using the following organization for documents

Documentation

--------------------------------------------------------------------------------

"I am not saying that this is the ideal documentation or organization of documents; this is how I sent my documentation."
All 4 packages bound by a single folder went in a single envelope to USCIS; All packages had the cover page with the following in bold: 'Attention Supervisor', 'Cross Chareability Case', 'Retention of Old Priority Date', '10 checks in total (Checks attached with each form)'

Package 1:
*Properly executed form I907 request for premium processing for the I140 (Check attached)
*Original Executed form G-28 Attorney of Record
*Memorandum on cross chargeability & retention of priority date (based on old approved I-140) as applied to our client. Mr. XXXXX is using his spouse’s nationality, XXXXXX, as the basis for visa availability
*Properly Executed form I140 signed by petitioner for the proffered position (Check attached)

Exhibits Supporting I140 of Mr. XXXXXX XXXXX:
Exhibit 1: Marriage Certificate with spouse on whose nationality
I485 is predicated with spouse’s birth certificate with trans-
lation to support ‘Cross- chargeability’ to country ‘XXXXXX’
for ‘ROW’ visa, allowing concurrent filing of I140/I485
Exhibit 2: Approved I140 with Priority Date of XXX XX, XXXX to
retain old Priority Date for this case
Exhibit 3: Original double-sided labor certification pursuant to
PERM
Exhibit 4: February XX, XXXX letter executed by petitioner in
support of position
Exhibit 5: Evidence of ability to absorb proffered salary—
2005/2006 reports on petitioner’s employment genesis and
profit outlook with original portfolio
Exhibit 6: All relevant INS-related I797 approval notices, including
but not limited to passport copies, identification page of
passport, previous I797 copies indicating continuous
status maintenance and current I94
Exhibit 7: December 2005 until present—copies of pay stubs to
Mr. XXXXXX XXXXX with applicant’s W-2 copies from petitioner
Exhibit 8: Documents to establish that minimum requirements
precipitating PERM approval were met prior to filing: To
wit—client’s diploma, mark sheets, transcripts, education
evaluations and Experience Letters.
Exhibit 9: Company XXXXXX’ 2005 Annual Report and Form 20-F


Package 2:
*I485 Application for Adjustment of Status for principal applicant Mr. XXXXXX XXXXX—medical attached thereto (Checks attached)
*I485 Application for Adjustment of Status for spouse Mrs. XXXXXX XXXXX – medical attached thereto (Checks attached):
*G325A Biographic Information for principal applicant Mr. XXXXXX XXXXX
*G325A Biographic Information for spouse Mrs. XXXXXX XXXXX

Exhibits Supporting I485 of Mr. XXXXXX XXXXX & spouse Mrs. XXXXXX XXXXX:
Exhibit 1: Memorandum of cross chargeability and priority date retention (Old Priority Date Retention based on an approved
I-140 with Priority Date of XXX XX, XXXX)
Exhibit 2: Marriage Certificate with spouse on whose nationality
I485 is predicated with spouse Mrs. XXXXXX XXXXX’s birth certificate with translation to support ‘Cross- chargeability’ to country ‘XXXXXX’ for ‘ROW’ visa, allowing concurrent filing of I140/I485

Exhibit 3: Approved I140 with Priority Date of XXX XX, XXXX to
retain old Priority Date for this case
Exhibit 4: Birth Certificate of principal applicant Mr. Mr. XXXXXX XXXXX

Exhibit 5: All relevant INS-related I797 approval notices, including
but not limited to passport copies, identification page of
passport, previous I797 copies indicating continuous
status maintenance and current I94 – Mr. XXXXXX XXXXX

Exhibit 6: All relevant INS-related I797 approval notices, including
but not limited to passport copies, identification page of
passport, previous I797 copies indicating continuous
status maintenance and current I94 – Mrs. XXXXXX XXXXX


Package 3:
* I765 Application for Employment Authorization for principal applicant Mr. XXXXXX XXXXX (Check attached)
* I765 Application for Employment Authorization for spouse Mrs. XXXXXX XXXXX (Check attached)

Exhibits Supporting I765 of Mr. XXXXXX XXXXX & spouse Mrs. XXXXXX XXXXX:
Exhibit 1: Identification page of passport - Mr. XXXXXX XXXXX
Exhibit 2: Identification page of passport – Mrs. XXXXXX XXXXX
Exhibit 3: Memo of cross chargeability and Priority Date retention

Package 4:
*I131 Request for Advance parole for principal applicant Mr. XXXXXX XXXXX (Check attached)
*I131 Request for Advance parole for spouse Mrs. XXXXXX XXXXX (Check attached)

Exhibits Supporting I131 of Mr. XXXXXX XXXXX & spouse Mrs. XXXXXX XXXXX:
Exhibit 1: Identification page of passport - Mr. XXXXXX XXXXX
Exhibit 2: Identification page of passport – Mrs. XXXXXX XXXXX
Exhibit 3: Memo of cross chargeability and Priority Date retention

Hi Wellwisher ,

Mine is Eb2 case.
 
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