Crosss Chargeability Question..Help!..

S

shaket

Registered Users (C)
I have applied for my green card under EB3.
My spouse was born in Russia..

Priority date :May 14 03.
Labour approved : April 05
Filed 140 in June 05
RFE Oct 05
Responded Dec 05
Waiting on I-140

Since i have already filed my 140 is there a way i can
use cross-chargeability for filing my 485 assuming that
the world wide EB3 dates were current for my priority date ?

If so how.. I was told that i need to indicate this intent on my 140 and
send a form (http://www.immigration.com/fromtheagency/tsc82705.html)
to USCIS requesting cross-chargeability..

Please let me know how to do this since i may have to do it before
they approve my 140 by using an addendum to my 140 request.

Thanks!!!
 
You should be able to do this

You should be able to file for cross chargeability.
Talk with your lawyer about this.
You have to write a letter asking them to apply cross-chargeablity ( in bold letters).

Good luck !
 
cross-chargeability

Hi,

1. cross-chargeability can only be used for the I-485 stage when visa numbers are not available for the applicant. ( nothing to do with I-140 )

2. Since you are in the EB-3 category you cannot apply I-485 even with cross-chargeability as it is retrogressed for ALL COUNTRIES at the moment ( MID 2001 ).

shaket said:
I have applied for my green card under EB3.
My spouse was born in Russia..

Priority date :May 14 03.
Labour approved : April 05
Filed 140 in June 05
RFE Oct 05
Responded Dec 05
Waiting on I-140

Since i have already filed my 140 is there a way i can
use cross-chargeability for filing my 485 assuming that
the world wide EB3 dates were current for my priority date ?

If so how.. I was told that i need to indicate this intent on my 140 and
send a form (http://www.immigration.com/fromtheagency/tsc82705.html)
to USCIS requesting cross-chargeability..

Please let me know how to do this since i may have to do it before
they approve my 140 by using an addendum to my 140 request.

Thanks!!!
Click to expand...
 
Question for Endeavour 2003

Thanks for your wishes MDGUTS1307!

Endeavour2003..
I do realize that my country of birth Philipines has retrogressed.
My question was with the assumption that the worldwide category
became current,
so would i be able to apply for 485 under CC in that case?
I am sure the worldwide category would become current faster.

My lawyer tells me that i cannot FILE for a 485 until my PD becomes current for my home country.
BUT if after i file 485 if retrogression arose he tells me that , my application could be TAKEN up FOR CONSIDERATION for a PR under my wife's country due to CC.
I dont quite understand that logic and i have been advised otherwise by immigration.com and some of my friends so i am gathering some stats from a number of places before talking to him again.

I noticed that you applied for 485 under CC ,
How did that go? I also noticed that the 485 under CC was sent back.
why? Could you please shed some more light??
Thanks a load in advance!!!!
 
Cross-Chargeablity

Shaket,

You would not be able to file I-485 even with Cross-Chargeablity as the cut-off date for the EB3 category is somewhere in mid 2001 for both Phillippines and WORLD as well ( sorry EB-3 is messed up pretty badly ). If you were EB-2 you would have been able to file I-485 right away.

My I-485 was sent back as USCIS does not understand this clause very well and they seem to return it on first go. Other people on this forum have faced the same problem. However their resubmission of the I-485 application along with a strong cover letter regarding Cross-Chargeablity seems to be getting accepted.
 
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