Concurrent Filing - Using Cross Chargeability

Tracker update

Hi All,

Please find attached the updated tracker with the new "Now processing" dates and Navneet's approval.

Congratulations Navneet once again, pray for ur wife's GC approval soon.

Warm regards,
-Still
 
Question for Navneet

Navneet,

How did you convince the TSC to apply cross chargeability to your case ?
My lawyer has sent them several letter with no avail !

MDGUTS
 
MDGUTS1307 said:
Navneet,

How did you convince the TSC to apply cross chargeability to your case ?
My lawyer has sent them several letter with no avail !

MDGUTS
Click to expand...

I guess everyone here followed the same process of sending in a letter that had it written in bold to apply Cross Chargeability to the case. I dont have it on the top of my head, but someone in this thread had posted detailed steps to follow to get the same submitted.

In my case, the application was returned back 3 times by the service center. My lawyers then went on to seek the help of AILA Liasion after which it was accepted immediately.

-Navneet
 
MDGUTS1307 said:
Navneet,

Thanks for the reply.

How long did your lawyers wait before contacting the AILA laision ?

Thanks
MDGUTS
Click to expand...

The third time when the application came back, my lawyers were not so keen to pursue it further. I had to really push them and then they finally took it to the AILA Liasion after about 3 weeks or so.

I dont think there is a timeline to wait before contacting the AILA. I guess its more to do with your lawyers. If they are ready to help and take it to the next level, they could do it after the application does not get accepted even twice. As it is, every time you send the application to the sevice center, it takes about 3 weeks or so before you know that it came back. I had to go through this whole ordeal for almost 3 months before getting accepted.

Hope this helps and your application gets accepted.

Cheers!
Navneet
 
Thanks

Navneet,

Thanks for the info.
My application 485 was filed when the EB-2 was current (Aug 2005).
Since then I have been trying to get them to apply the CC so that the application can move forward, but with no results so far.

Thanks
MDGUTS
 
Its not the right forum

But I still wanted to go ahead and post this question on this forum - just to get the expert comments from some of the veterans here.

I came across the following in one of the forums:
***************************************************
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
****************************************************

I am a little bit concerned with the wording used in the above para, specifically - "However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer."
What does this sentence mean? One cannot violate his/her H1 status if he/she wants to join another company using EAD or transfer to another position within the same company in a different state using EAD? Should it read as - "However, an H-1 or L-1 non-immigrant status will become invalid if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer."


Any thoughts?

Thanks in advance!
 
WellWisher007 said:
But I still wanted to go ahead and post this question on this forum - just to get the expert comments from some of the veterans here.

I came across the following in one of the forums:
***************************************************
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
****************************************************

I am a little bit concerned with the wording used in the above para, specifically - "However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer."
What does this sentence mean? One cannot violate his/her H1 status if he/she wants to join another company using EAD or transfer to another position within the same company in a different state using EAD? Should it read as - "However, an H-1 or L-1 non-immigrant status will become invalid if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer."


Any thoughts?

Thanks in advance!
Click to expand...

In simple terms EAD used for one employer cannot be used for another employer. One needs to get a new EAD with AC21. This is for the primary applicant. For derivative: he/she only needs to get a new EAD from/for the new employer.

-Still
 
WellWisher007 said:
But I still wanted to go ahead and post this question on this forum - just to get the expert comments from some of the veterans here.

I came across the following in one of the forums:
***************************************************
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
****************************************************

I am a little bit concerned with the wording used in the above para, specifically - "However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer."
What does this sentence mean? One cannot violate his/her H1 status if he/she wants to join another company using EAD or transfer to another position within the same company in a different state using EAD? Should it read as - "However, an H-1 or L-1 non-immigrant status will become invalid if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer."


Any thoughts?

Thanks in advance!
Click to expand...


You are correct. In the literal sense it does mean an H-1 or L-1 non-immigrant status will become invalid if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
 
Hi,
I have a question. I filed my I-485 along with my wife this august. I have an approved I-140. My wife was born in Saudi Arabia but she's an Indian citizen. So now as 485 has been filed, is there a way to use CC to convert my application to be processed under this clause?
If yes, then how can we do that? And does that mean filing another 485 again?

Please help
rdsclove
 
how to verify the COC in USCIS records is right ?

Recieved the EAD yesterday . my attorney submitted the cross chargeability form while filing , since both india and ROW was current when i filed not sure
how i can verify the country of chargebility as per USCIS records


PD 03/01/2007
140 RD : 08/10/2007 ND : 10/04/2007 :confused:
485 RD :08/10/2007 ND 10/04/2007 (concurrent)
EAD(primary & spouse) : RD:08/10/2007 AD 10/10/2007 :)
 
Comm. channel opened

Hi All,

Something to report on my front:
Got a reply from Senator. It states that his office requires my signature on a Privacy act release form to get my details from the concerned agency, i.e. FBI. and get the ball rolling.

The form looks similar to FOIPA form.

The letter states that his office is always open for me on this issue.
So it seems I have a communication channel open now.

Warm regards,
-Still
 
Use it

Sounds like your Senator's office is willing to help. Use them to help your case !! Some of us have not been that lucky.
Good luck !!!
 
Hello All,

I received the approval notice in mail and guess what TSC finally updated the case status online today stating that the approval notice was sent on October 12th. Looks like they are runing behind in updating cases online and reporting LUDs. Keep checking your mails guys, you never know you could see your card in the midst of junk mails !!!

Cheers!
 
Wife and I are awaiting our AP's. We received our EAD's this weekend. We plan on travelling overseas in Feb 09. I have a valid H1 visa (am on 3rd year) but it's never been stamped. Wife has H4 that has never been stamped. We plan to use our APs to re-enter the US, since stamping the H1/H4 is an inconvenience of making visa appoitments in 2 different countries.

Does using the AP to re-enter the US automatically trigger our EADs? Wife does not work nor plan to, and I will remain with the same employer that filed my AOS. Can we continue to be on our H visas?
 
dojidesi said:
Wife and I are awaiting our AP's. We received our EAD's this weekend. We plan on travelling overseas in Feb 09. I have a valid H1 visa (am on 3rd year) but it's never been stamped. Wife has H4 that has never been stamped. We plan to use our APs to re-enter the US, since stamping the H1/H4 is an inconvenience of making visa appoitments in 2 different countries.

Does using the AP to re-enter the US automatically trigger our EADs? Wife does not work nor plan to, and I will remain with the same employer that filed my AOS. Can we continue to be on our H visas?
Click to expand...

Hi dojidesi
I dont know why did you mentioned about getting H visas stamped in 2 different countries
You and your spouse can both get the visa stamped in India.
My wife is from UK and she got her H4 stamping done@Mumbai.
Also, AP being a travel document wont trigger your EADs, but on the otherside if anyone of you intend to use EADs than your respective H status will lapse.

KS, Still, Navneet please correct if I am wrong
 
I think I saw on immigration-law.com that your H1B status becomes invalid if you use AP; It means that if you use AP you have to start using EAD.

I may be wrong! Please validate with a lawyer or do some additional research.

Please find below the posting of 10/17 on immigration-law.com:
********************
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
********************

way2gc said:
Hi dojidesi
I dont know why did you mentioned about getting H visas stamped in 2 different countries
You and your spouse can both get the visa stamped in India.
My wife is from UK and she got her H4 stamping done@Mumbai.
Also, AP being a travel document wont trigger your EADs, but on the otherside if anyone of you intend to use EADs than your respective H status will lapse.

KS, Still, Navneet please correct if I am wrong
Click to expand...
 
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