Concurrent Filing - Using Cross Chargeability

Thanks prez.. thanks everybody for the wishes. I am embarking on a new journey with USCIS - trying to see if I can get my EAD renewal application cancelled and get a refund ($340*2) for the same? I applied for renewal just a week back and the checks got cashed on the same day that the package was received by them.

I know what their response is going to be - Refund???? Are you smoking *****????:); I figure there is nothing to lose, so why not try!!:)

prezcalvin said:
Congrats WW! Welcome to the club. :) :)
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WellWisher007 said:
Thanks prez.. thanks everybody for the wishes. I am embarking on a new journey with USCIS - trying to see if I can get my EAD renewal application cancelled and get a refund ($340*2) for the same? I applied for renewal just a week back and the checks got cashed on the same day that the package was received by them.

I know what their response is going to be - Refund???? Are you smoking *****????:); I figure there is nothing to lose, so why not try!!:)
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Congrats WW...

You case history is pretty close to mine. Your "green" gives me hope.
 
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Every time I called, I have been telling them - "I am calling to ensure that my case is being considered as a cross-chargeability case".

WellWisher007 said:
I suggest that you keep calling them using the POJ method.. I have been doing that every week, since the 3rd week of January.
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RFE and going for Vacation.

Hi all,
Myself and my wife received email from NSC (dated 20th feb 2008) stating that they have mailed RFE Notice. But we havn't receved the mail yet. We are going for vacation (for 4 weeks) starting 27th Feb. Without knowing what evidence they requested it is difficult to prepare the docs before going... I have this following questions:

- Is there anyway we can know what evidence they requested over the phone or fax?
- How long we get to response to RFE?
- Since my case was filed more than a year, will the RFE for Medical examination?
- Usually how long it takes to get the letter fro NSC?


I really appreciate if someone can help me with a reply at the earliest.

Thank you
NDH
 
- As far as you first question is concerned, I recommend you to do two things: take an infopass appointment and visit your local immigration office and explain to her/him your situation and your need to get the RFE details before you leave for your vacation; Try POJ technique to call the Immigration officer at the Service center where your case has been filed. If you get transferred to the National customer service center, explain to him/her your situation as well. Hang up and call again using POJ technique to talk to an immigration officer at the service center, where your case is located.

Note: If you get the details of your RFE at least before you leave, you can work on the documents from your home country and courier it across to your attorney here or send it directly to the service center. Also, to my understanding, in addition to you, the RFE letter is also sent to your attorney. This is in case, your case was filed through an attorney. I may be wrong here - you may want to check.

Good luck!

nidhin_n said:
Hi all,
Myself and my wife received email from NSC (dated 20th feb 2008) stating that they have mailed RFE Notice. But we havn't receved the mail yet. We are going for vacation (for 4 weeks) starting 27th Feb. Without knowing what evidence they requested it is difficult to prepare the docs before going... I have this following questions:

- Is there anyway we can know what evidence they requested over the phone or fax?
- How long we get to response to RFE?
- Since my case was filed more than a year, will the RFE for Medical examination?
- Usually how long it takes to get the letter fro NSC?


I really appreciate if someone can help me with a reply at the earliest.

Thank you
NDH
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umasslowell2002 said:
Hi GC:

I did. I had initiated a SR in November 2007, because that's when the processing date went 30 days past my RD ..... and I just got an e-mail from CIS last week saying the following:

"Recently, you called us regarding your I-485, Application to Register Permanent Residence or to Adjust Status. Service records show your case is currently waiting to be reviewed by an officer. You will receive a decision or notice of other action once your case is adjudicated. This service request will be routed to your file and the officer will review your request for Cross-chargability due to your wife's country of birth being xxxx.

USCIS will be starting to adjudicate I-485 applications where the FBI name check has been pending 180 days. If otherwise approvable these cases may be worked. Because of the volume of these cases there is no way to predict when your case will be adjudicated. Expedites will not be accepted on this work load."

So, I'm not sure what to make of it, if anything at all. All I know is when I talked to the national center to open a SR, I repeated myself like 5 times to make sure that my case gets considered for Cross-Chargeability. From this CIS e-mail, it looks like that's taken care of. But I don't know what "your case is currently waiting to be reviewed by an officer" exactly means in terms of how much longer it will take.
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At least you got an email last week. I had opened a SR in Dec 07 and did not hear anything from USCIS. I called them yesterday using POJ only to be told that no one has looked at my case. They opened a secondary SR and told me to wait another 60 days before calling back. I asked them to confirm if my application has been filed under CC and the rep told me she does not have that information.
With this new development, maybe a lucky few will get through in mid-march (similar to the green friday at the end of Nov last year)
-hu
 
Hi Huizet:

I believe NSC is severely backlogged on responding to the SRs as well. As I said, I opened a SR in the first week of Nov'07 and I was told that I should hear back within 60 days, but only heard back last week. So, since you opened your original SR in Dec'07, maybe you will hear back from them eventually in the next few weeks? (my guess!)

I can only imagine that this might take even longer because of this new 2/4/08 memo ... since they're receiving more and more SRs and phone calls now. Good luck buddy! Hopefully it's all a matter of 23 days now !!!
 
umasslowell2002 said:
Hi Huizet:

I believe NSC is severely backlogged on responding to the SRs as well. As I said, I opened a SR in the first week of Nov'07 and I was told that I should hear back within 60 days, but only heard back last week. So, since you opened your original SR in Dec'07, maybe you will hear back from them eventually in the next few weeks? (my guess!)

I can only imagine that this might take even longer because of this new 2/4/08 memo ... since they're receiving more and more SRs and phone calls now. Good luck buddy! Hopefully it's all a matter of 23 days now !!!
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That makes sense US. Our applications mirror each other. I hope that someone takes a look at my app too. Given that there were quite a few changes to the namecheck backlog since last month, i can only imagine the increase in number of SR to the centers. Hopefully, you'll hear something positive very soon.
-hu

PD: 05/23/2003
I-140/485: Concurrent - RD 11/13/2006, ND 2/13/2007
I-140: Upgraded to Premium Processing on 6/19/2007; Approved 6/26/2007
FP: 03/31/2007
I-485 LUD: 04/03/2007
AP: Approved 2/26/2007
EAD: Approved 2/26/2007
EAD Renewal: Filed 9/19/2007; Approved 10/28/2007
Using Cross Chargeability
 
My lawyer has received the RFE and it is about about the employment Authorization from USCIS for last 4 years? They are looking for Copies of EAD, H1 approval or I-94 with work authorization.

The funny thing is that all these documents are issued by USCIS itself so what's the point this RFE.

Question:

Is it possible to get another RFE for my late registered birth certificate or for TB skin test. I didn’t do the skin test but my X-ray was cleared? My doctor did write a note about positive PPD test History.

Please Advice.
VS
 
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Dear VSaxena:

I would not worry about your TB test too much, as long you've cleared the X-Ray test, because the X-Ray is a lot more reliable than the skin test. They don't give BCG shots here in America, but for a lot of us who are born outside the United States, we're given BCG shots when we were kids. Majority of the people who get BCG shots at their young age, will "incorrectly" show a positive result for the TB skin test.

But, as I said, the X-Ray test is a lot more reliable than the skin test, so as long as you've cleared that, I think there's nothing you need to worry about. I don't know if this answers your question...I wish I could help you more, but all I can do is express my opinion. Good luck!
 
Need Advice

Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

Could this gap be a issue, That is why they are asking starting 12th April 2004?

Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

Please advice.

VS
 
If I am understanding it right, they are looking to validate your status between 04/05/2004 and 04/30/2004 and beyond.

During the above period, were you working on the basis of your H1B or EAD? If you had started using the EAD, do you know the reason as to why your approval start date showed as 04/30/2004, even though you had sent your EAD appplication before 12/17/2003?

I think, they are looking for validity of your status starting 04/12/2004 until today. Send the proof of the documents that you used for employment (either H1B or EAD, depending on what document you were using as your valid work status). If you were using H1B status all the time until date, you are ok. If you were using EAD during the period, you may have to explain your lapse of status between 04/05/2004 until 04/30/2004. I do not think, that should be a major issue, provided your intent was to maintain a valid status throughout.

Just my thoughts, based on the inputs you provided; i may be wrong since I do not have your exact details.

vsaxena said:
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

Could this gap be a issue, That is why they are asking starting 12th April 2004?

Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

Please advice.

VS
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WellWisher007 said:
If I am understanding it right, they are looking to validate your status between 04/05/2004 and 04/30/2004 and beyond.

During the above period, were you working on the basis of your H1B or EAD? If you had started using the EAD, do you know the reason as to why your approval start date showed as 04/30/2004, even though you had sent your EAD appplication before 12/17/2003?

I think, they are looking for validity of your status starting 04/12/2004 until today. Send the proof of the documents that you used for employment (either H1B or EAD, depending on what document you were using as your valid work status). If you were using H1B status all the time until date, you are ok. If you were using EAD during the period, you may have to explain your lapse of status between 04/05/2004 until 04/30/2004. I do not think, that should be a major issue, provided your intent was to maintain a valid status throughout.

Just my thoughts, based on the inputs you provided; i may be wrong since I do not have your exact details.
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I am working on H1B since 1998. Even though I got EAD last year but still I am on H1B.

My H1B extension petition was filed well before (on 17th Dec. 2003) the expiration of existing H1B (5th April 2004).

But it was approved after (on 30th April) 2004 the expiration (5th April 2004) of existing H1B and may be that is there is a gap.

But bottom line I was on H1 all the time and should not have an issue per lawyer.


VS
 
your attorney is right. You do not have anything to worry about. Make sure that you send all the appropriate documentation - copies of H1B visa stampings, Receipt notices of H1B petition and extensions, Approval Notices of H1B petition and extensions.

As soon as you send the above, you will be approved - assuming that your name check is cleared.

Good luck!

vsaxena said:
I am working on H1B since 1998. Even though I got EAD last year but still I am on H1B.

My H1B extension petition was filed well before (on 17th Dec. 2003) the expiration of existing H1B (5th April 2004).

But it was approved after (on 30th April) 2004 the expiration (5th April 2004) of existing H1B and may be that is there is a gap.

But bottom line I was on H1 all the time and should not have an issue per lawyer.


VS
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Do you have another H1B extension around 04/30/2007?

vsaxena said:
I am working on H1B since 1998. Even though I got EAD last year but still I am on H1B.

My H1B extension petition was filed well before (on 17th Dec. 2003) the expiration of existing H1B (5th April 2004).

But it was approved after (on 30th April) 2004 the expiration (5th April 2004) of existing H1B and may be that is there is a gap.

But bottom line I was on H1 all the time and should not have an issue per lawyer.


VS
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WellWisher007 said:
Do you have another H1B extension around 04/30/2007?
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Yes, I got one H1B extension in 2007 for next 3 year (until 2010)
Thanks for your help.

BTW, why do i need to worry about Namecheck, I though with new memo if it pending for more than 180 days then they would approve the case if there is no other issue.

Thanks,
VS
 
Yes, you are right. you do not need to worry about the NC clearance. get ready for approval soon..

If I were you, I will make sure that the required documentation set along with the cover letter is sent tomorrow itself to the Service center.. Send the package overnight.

Once you/your attorney sends the package, call the service center using POJ to confirm that they received your documentation and telling them that you would like to ensure that your case is being considered as a cross-chargeability case, re-iterating that the visa number is available for your spouse's country of chargeability.

Good luck!

vsaxena said:
Yes, I got one H1B extension in 2007 for next 3 year (until 2010)
Thanks for your help.

BTW, why do i need to worry about Namecheck, I though with new memo if it pending for more than 180 days then they would approve the case if there is no other issue.

Thanks,
VS
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WellWisher007 said:
Yes, you are right. you do not need to worry about the NC clearance. get ready for approval soon..

If I were you, I will make sure that the required documentation set along with the cover letter is sent tomorrow itself to the Service center.. Send the package overnight.

Once you/your attorney sends the package, call the service center using POJ to confirm that they received your documentation and telling them that you would like to ensure that your case is being considered as a cross-chargeability case, re-iterating that the visa number is available for your spouse's country of chargeability.

Good luck!
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Wellwisher..glad to see that ur active even after going green
I called using POJ method today and spoke to an IO. I wanted to confirm that my case was being considered as a CC case. The IO I spoke with did not seem to know about CC (or havent even heard about it) and asked me to get an infopass to get more information. I guess I'll try again next week and hope to speak to a different IO. I was also told that if the visa number is available, the application would be approved only if 'all other checks' are cleared. I was only aware of the namecheck/background checks. I am not sure what other checks are performed. Any ideas?
-hu

AOS using CC @ NSC
PD: 05/23/2003
I-140/485: Concurrent - RD 11/13/2006, ND 2/13/2007
I-140: Upgraded to Premium Processing on 6/19/2007; Approved 6/26/2007, LUD 1/6/08
FP: 03/31/2007
I-485 LUD: 04/03/2007
AP: Approved 2/26/2007
EAD: Approved 2/26/2007
EAD Renewal: Filed 9/19/2007; Approved 10/28/2007
 
What's this POJ method? I tried to call TSC and it keeps saying I am entering a wrong number.... i.e. the receipt number on my 485 after SRC-xx-xx-xxxxx are not enough. Any idea what I'm doing wrong?
 
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