Concurrent Filing - Using Cross Chargeability

[navneetsharma]

Congratulations.

Gives me a lot of hope. Enjoy ur freedom. Pray to god that ur wife's GC gets cleared soon.

Remember us 4 the party

-Still

Hey Still,

I am sure yours should be round the corner too. I am yet not rejoicing as the online status is still the same. Waiting to see the magic mail. There has been no LUD either. I had mentioned that to the IO when I spoke and she said that it will show up soon. I wonder when !!

-Navneet

 

[dojidesi]

Quick question. How can I confirm that my employer did file cross-chargeability? They told me they did, but I follow the 'trust, but verify' logic. I don't want to be in a situation of waiting 1 year only to find out our cases are waiting for a visa number because of India backlog.

 

[navneetsharma]

Quick question. How can I confirm that my employer did file cross-chargeability? They told me they did, but I follow the 'trust, but verify' logic. I don't want to be in a situation of waiting 1 year only to find out our cases are waiting for a visa number because of India backlog.

dojidesi,

I think the way to verify that might be your receipt notices. On your receipt notice on the right had side there is a part which reads as "Section". There it would be mentioned as "other basis of adjustment". Atleast thats what is there in my case, but I am not Certain if this is the correct way to verify the same.

I am editing this post and would like to mention that I am not absolutely sure if the receipt notice is the only way to find this out, but since my receipt notice reads this way, I am assuming that might be the case.

-Navneet

 

[navneetsharma]

Hi all,

I used the POJ trick and got to talk to an USCIS personnel (thanks Navneetsharma) and she informed me that my security checks have not cleared yet. She said that since this is outside the jurisdiction of USCIS, she could not provide any timeframe for the clearence to happen. My case receipt date is Jan07 and it is at the NSC. She said that even though the current processing date at NSC moves past my receipt date, they cannot process my case till the security checks are cleared. She alsp mentioned that as far as she could tell, my case had not been assigned to any officer. I have no idea what security check refers to. Is that the same as name check? If so, what can I do to find out where I stand in this regard? I am feeling very down because of the new information. Any help will be highly appreciated.
Thanks,
Rania

Rania,

Yes, when they say that the security check is pending, they are referring to the dreaded name check part of the security check. The security check might also include your finger print results, but that is hardly the problem - as they come back from the FBI to USCIS in a day or so. The name check is the part where most of us have to struggle.

Try to knock some doors - Congressman, Senate, FL. Basically start writing letters to them asking for them to help you expedite your name check.

Cheers!
Navneet

 

[Mansarovar3000]

dojidesi,

I think the way to verify that would be your receipt notices. On your receipt notice on the right had side there is a part which reads as "Section". There it would be mentioned as "other basis of adjustment". Atleast thats what is there in my case.

-Navneet

Hmm...
In my receipt notice the section part says - "Adjustment as direct beneficiary of immigrant petition".
I thought since my application got accepted even though India was not current, it should have been filed under cross-chargeability.

 

[rania]

Thanks

Thanks Navneet for yor suggestion.
Can anyone point me to prototype letters for Congressmen, Senators, First Lady regarding expediting the security check process?
Thanks,
Rania

 

[dojidesi]

Hmm...
I thought since my application got accepted even though India was not current, it should have been filed under cross-chargeability.

What has got me a little concerned is that India dates were current when we filed our 485 in August under cross-chargeability (assuming the company lawyer is telling the truth), and we later find out wife and I got thrown into the India pile to gather dust for the next 10 years

I'll check what the 'section' says on our receipt notices.

 

[navneetsharma]

Hmm...
In my receipt notice the section part says - "Adjustment as direct beneficiary of immigrant petition".
I thought since my application got accepted even though India was not current, it should have been filed under cross-chargeability.

If India was not current and you applied under CC, I am sure it would have been accepted under CC itself.

I am not absolutely sure of a way to find out if the application was accepted under CC, but I had thought that based on the Section written in my receipt notice, it would be the case.

 

[Mansarovar3000]

If India was not current and you applied under CC, I am sure it would have been accepted under CC itself.

I am not absolutely sure of a way to find out if the application was accepted under CC, but I had thought that based on the Section written in my receipt notice, it would be the case.

So, I called NSC to verify if my application was under cross-chargeability. The customer service rep put me on hold to talk to her supervisor. Then she told me that when immigration officer will open your case for adjudication he will *automatically* charge your wife's country if visa is not available for your country.

What a big jump. Williamtt had to send scores of letters to be considered under CC and now it is automatic. Does that sound right? I find it a bit far fetched.

 

[dojidesi]

In my I485, the section says "Adjustment as direct beneficiary of immigrant petition". For my wife, it says "Derivative adjustment".

Any way to tell this was NOT cross chargeability, since priroity dates were current in August under India when we filed under cross-chargeability?

 

[ks_cc]

KS, Wellwisher any one who can throw some light.

The derivative of pending AOS with a valid EAD/AP if they do not convert to H4 should they be employed at all times or could they be in legal immig. status while not employed?

Perfectly legal status as long as your AOS is pending.

 

[ks_cc]

KS, All,

I am very tired of this s**t and sometimes wonder why the heck we are still here in this fu**in country. fu**in bas**rds.

I was really hoping against hope that we would receive our GCs way before our EAD/AP expired. But it did not happen. Crazy f**k*n morons at CIS.

Could anybody be kind enough to tell me how to apply for EAD/AP w/o lawyer's help. I don't want to feed these idi**c lawyers anymore.

Thank you

You definitely don't need to have attorneys involved for renewals, especially given their fees in addition to the increased CIS fees. Now, I did apply through my attorney simply because I was just too busy to do stuff myself at the time, but they dcked around for a month or two before I got bullsht at them, so best thing is to do it yourself. Just download the forms from uscis.gov for 765 and 131, fill them in (instructions come with) and mail them in. I believe you can even apply online and then follow up with picture session at the ASC, but I'd just mail the applications in with the photos, so its all done at the same time.

 

[ks_cc]

In addition to puruwa's question regarding the EAD renewal process ...how much time before the expiry could one apply for renewal of the EAD?
My EAD expired in March 2008.

It used to be three to four months, but CIS officially suggests a six month timeframe. Reason for this is that they stopped issuing any interim EADs which they used to do if the EAD application was pending for over 3 months. Usually 90 days is the maximum they take for processing EADs, but that does not account for any RFEs etc...so they suggest six months...(the skeptic in me says to extricate some more fees from the applicant).

 

[ks_cc]

I have something to report. I had called the TSC using the POJ trick yesterday. After taking the receipt no etc from me, the IO told me "Sir, your card is in Production". I was totally shocked as there has been no LUD for the last one year on my case. The last LUD was on 8/7/06.

I asked the IO if she meant that I was approved and she said "Yes, the card is in production Sir". I told her that the online status has not changed at all and there is no LUD as well. She said "well its gone in production just today. Could take a week to show up".

My online status still shows - Case received and pending - and there is no LUD today too!!

I am not sure how to react to this. Ofcourse the excitement is beyond limits, but I have been checking the online status every 2 mins since yesterday to see if it is actually for REAL!!!

One other thing was I asked her about my Wife's case and the IO said that she is still pending !!!

Any Comments ??

Navneet, this is absolutely outstanding. CONGRATULATIONS BUD. If your online status does not change next week, say monday, call TSC again...perhaps even get an Infopass to make absolutely sure.

 

[ks_cc]

Hi all,

I used the POJ trick and got to talk to an USCIS personnel (thanks Navneetsharma) and she informed me that my security checks have not cleared yet. She said that since this is outside the jurisdiction of USCIS, she could not provide any timeframe for the clearence to happen. My case receipt date is Jan07 and it is at the NSC. She said that even though the current processing date at NSC moves past my receipt date, they cannot process my case till the security checks are cleared. She alsp mentioned that as far as she could tell, my case had not been assigned to any officer. I have no idea what security check refers to. Is that the same as name check? If so, what can I do to find out where I stand in this regard? I am feeling very down because of the new information. Any help will be highly appreciated.
Thanks,
Rania

Rania, security check is the FBI name check. Don't get disheartened...easy for me to say, but I know exactly what you mean. Note that some times the IOs at the service centers just state that to get you off the phone..the best bet is for either you or your spouse to make an Infopass appointment and ask them there...HANG IN THERE.

 

[ks_cc]

In my I485, the section says "Adjustment as direct beneficiary of immigrant petition". For my wife, it says "Derivative adjustment".

Any way to tell this was NOT cross chargeability, since priroity dates were current in August under India when we filed under cross-chargeability?

The field you are looking for is called 'Country of Chargeability'. If you have copies of the forms the attorneys sent in, it should appear on that form...it does not appear on the receipts.

 

[overboard]

Rania, security check is the FBI name check. Don't get disheartened...easy for me to say, but I know exactly what you mean. Note that some times the IOs at the service centers just state that to get you off the phone..the best bet is for either you or your spouse to make an Infopass appointment and ask them there...HANG IN THERE.

Guys,

I tried the Customer service and each time i get the national service center.. Never seems to go to NSC.. any pointers on the no. /approach to call?

I got the same news as Rania that 'background checks' are still pending on mine when i spoke to the national customer service rep...

 

[StillPatient]

Hey Still,

I am sure yours should be round the corner too. I am yet not rejoicing as the online status is still the same. Waiting to see the magic mail. There has been no LUD either. I had mentioned that to the IO when I spoke and she said that it will show up soon. I wonder when !!

-Navneet

Hi Navneet,

Thanks 4 ur wishes, lets see what happens now.

Because of the volume of work for USCIS these days they are not getting time for updating the online status

-Still

 

[StillPatient]

Tracker update

Hi All,

Please find attached the updated tracker.
Dojidesi's details has been added.

Dojidesi-> Please also post which center u belong to, I mean TSC/NSC.

-Still

 

[dojidesi]

Hi All,

Please find attached the updated tracker.
Dojidesi's details has been added.

Dojidesi-> Please also post which center u belong to, I mean TSC/NSC.

-Still

TSC. Also, we received our Fingerprinting notices today (Code 3), scheduled for October 30. The funny thing is we both received 2 identicals notices.