CSC August 2005 Filing I-140 Tracking

[dkgdkg]

you are correct, abu2003 ... I heard from my attorney that cross chargeability is based on spouse's country of birth, not by citizenship or nationality.

also, just want to share some thing:
Attorney said, "If a person has approved I140, not yet filed I485 because of retrogression and that person got laid-off from company A. He can join company B and file LC under Perm. Good thing here is based on approved I140, that person can retain PD of LC filed by company A. Ofcourse job profile and experience has to match in both LC."

hi gc_crack,
I will give you my own example for cross chargeablity. I am from India, for which visa numbers are not currently available, which boils down to the fact that I cannot apply for I-485/EAD/AP etc., until visa number becomes current for my priority date(the date when labor was applied).
However, my spouse who is on a dependant visa(H4) is also doing adjustment of status(basically I-485) with me and she happens to be from a country for which visa numbers are currently available. Therefore, based on the visa numbers of my spouse's country, I automatically become eligible to do adjustment of status(ie apply for I-485). This is called Cross Chargeability. The only catch here is that, my spouse should be BORN in that country for which visa numbers are available. It is not enough if she was BORN in a country for which visa numbers are unavailable but later ACQUIRED CITIZENSHIP in a country for which visa numbers are available. Yep, it is a bit confusing. Read it 2 or 3 times, you will get a feel for it.

abu2003

 

[gc_crack]

thnxz abu2003 and perm_faq for the clarification.

 

[tantan]

Got a copy of 140 approval from the attorney. Got the FP in mail today scheduled for Feb 9. Won't be in town, either rwill eschedule or try early FP. Will update the spreadsheet tomorrow.

Attorney said that eb2 will most likely be retrogated for all nationalities by Jun-Jul time frame...

 

[matt30]

Hi Tantan, GP111

I am on EB-2 and my I-485(ND 9/8/2005) is current. If your attorney is right, will I have to face the retrogated thing? how the whole retrogated thing works for concurrent filing of I-485?

Thanks alot

Got a copy of 140 approval from the attorney. Got the FP in mail today scheduled for Feb 9. Won't be in town, either rwill eschedule or try early FP. Will update the spreadsheet tomorrow.

Attorney said that eb2 will most likely be retrogated for all nationalities by Jun-Jul time frame...

 

[gp111]

Hi Tantan, GP111

I am on EB-2 and my I-485(ND 9/8/2005) is current. If your attorney is right, will I have to face the retrogated thing? how the whole retrogated thing works for concurrent filing of I-485?

Thanks alot

Sorry man, I could not understand your question correctly..

1) What is your PD (The date LC was received at Local office, If its EB-2 NIW case then the date I-140 was received by USCIS)

2) What is your birth country ? If you ware born in India or China, then you will be affected by retrogression in EB-2. Other countries are current as of now.

3) If you ware NOT born in India/China & you will get approval when CSC processing will reach your I-485 ND

4) If you ware born in India/China & your PD is before PD cutoff date, you will get approval when CSC processing will reach your I-485 ND

5) If you ware born in India/China & your PD is After PD cutoff date, you will have to wait till PD cutoff passes your PD to get approval.

Retrogression has no connection with Concurrent filing as such. The only connection is if PD is not current at the time of I-485 filing you cannot do concurrent filing

 

[perm_faq]

matt30,

I am jumping on to your querry, though you didn't address me. Hope my answer will get you clarification.

You don't need to worry about "retrogression" since you had already filed I485, for which ND (you mentioned) 9/8/2005. And further processing of on your case will commence once the "service center" under your jurisdiction processing date meets your ND. See the current processing times for all service centers in the country at: https://egov.immigration.gov/cris/jsps/ptimes.jsp;jsessionid=a4Z_g9YA6z9c.

-- Based on the current processing times, none of the service centers started looking at 485 cases with notice date matching to yours.

-- Once the remaining formalities on your case, such as finger prints, other bio-graphic stuff, medicals ... blah, blue... from various federal agencies are DONE, USCIS will check for VISA number availability for your country. You have to wait incase if they are not available due to retorgression. Since you had already filed I485, you only have to worry about "retorgression" only when you get to the end of the line or queue. It doesnot matter if your country is retrogressed -or- the retrogression is effective worldwide.



Makes sense

Hi Tantan, GP111

I am on EB-2 and my I-485(ND 9/8/2005) is current. If your attorney is right, will I have to face the retrogated thing? how the whole retrogated thing works for concurrent filing of I-485?

Thanks alot

 

[matt30]

Thanks GP111 and perm_faq

I am Thai and was born in Thailand.
I looked at the current visa bulletin, EB-2 for my country is current. That's why I did concurrent filing I-140 and I-485. I also had the bio-metric done just a month after my I-485's ND.

My question was: if my I-485 is not approved by June-July frame and there will be retrogression for EB-2 for all nationalities at the time, should my case be retrograted?

And if the retrogression happens in June-July, do you think I have to wait for a couple years like EB-2 for chinese and indians?

Thanks again

EB-2 PERM
I-140/I-485 concurrent filing. RD: 9/7/2005 ND: 9/8/2005

matt30,

I am jumping on to your querry, though you didn't address me. Hope my answer will get you clarification.

You don't need to worry about "retrogression" since you had already filed I485, for which ND (you mentioned) 9/8/2005. And further processing of on your case will commence once the "service center" under your jurisdiction processing date meets your ND. See the current processing times for all service centers in the country at: https://egov.immigration.gov/cris/jsps/ptimes.jsp;jsessionid=a4Z_g9YA6z9c.

-- Based on the current processing times, none of the service centers started looking at 485 cases with notice date matching to yours.

-- Once the remaining formalities on your case, such as finger prints, other bio-graphic stuff, medicals ... blah, blue... from various federal agencies are DONE, USCIS will check for VISA number availability for your country. You have to wait incase if they are not available due to retorgression. Since you had already filed I485, you only have to worry about "retorgression" only when you get to the end of the line or queue. It doesnot matter if your country is retrogressed -or- the retrogression is effective worldwide.



Makes sense

 

[perm_faq]

matt30:

You are welcome!

"""My question was: if my I-485 is not approved by June-July frame and there will be retrogression for EB-2 for all nationalities at the time, should my case be retrograted? """
- YES. Your case will be retrogressed. What that means is.... there are no visa numbers available to allocate for your case. So you have to WAIT until they become available. The moment they are available, you are ready to go, as there is nothing pending and all other remaining formalities are already completed.

"""And if the retrogression happens in June-July, do you think I have to wait for a couple years like EB-2 for chinese and indians? """
- It all depends on the rate "oversubscription" of available visas. There are more Chinese, Indians apply each year and hence they see lot of WAIT time than the people from Thailand. So once the next year visa quota opens, and if there are not many people waiting in the line, you will get it. Unfortunately, there is no mathematical formula to prove this, but this is what mentioned by USCIS and other immi boards. ** Conclusion** You might NOT have to wait like Chinese, Indians. May be less time than what they wait.

Did it help?

Thanks GP111 and perm_faq

I am Thai and was born in Thailand.
I looked at the current visa bulletin, EB-2 for my country is current. That's why I did concurrent filing I-140 and I-485. I also had the bio-metric done just a month after my I-485's ND.

My question was: if my I-485 is not approved by June-July frame and there will be retrogression for EB-2 for all nationalities at the time, should my case be retrograted?

And if the retrogression happens in June-July, do you think I have to wait for a couple years like EB-2 for chinese and indians?

Thanks again

EB-2 PERM
I-140/I-485 concurrent filing. RD: 9/7/2005 ND: 9/8/2005

 

[srignram]

Please keep discussions other than 140 to another thread

Sorry to make this comment.There are lots of desperate souls waiting anxiously for 140 approval, whenever a new message is seen on this thread they are looking for some good news.So please keep all other discussions to the new thread.Apologies if it hurts anyone.hope you guys understand.

 

[matt30]

Thanks again perm_faq. It helps alot. I got it clear now.

To Srignram,

I understand your concern. I am as well waiting for my I-140 approval. However once in a while you might come across something out of the topic and the people in this thread may have your answer right away since we are in the same boat.

Believe me, you might have to ask someone in this thread in the future regarding something else beyond your I-140.

Good luck to you all.
Matt

Sorry to make this comment.There are lots of desperate souls waiting anxiously for 140 approval, whenever a new message is seen on this thread they are looking for some good news.So please keep all other discussions to the new thread.Apologies if it hurts anyone.hope you guys understand.

 

[perm_faq]

srignram,

I think you have mis-conception of immigration boards or in general. I don't think thread title says that either. Just lookback and see how many messages you have posted on this board expressing your concern. Here every body is waiting for one or another. Like matt30 said, you may face some situation and turn back to the board with your querry. Though the people are eagerly waiting for I140 approval, but still they are trying to learn the next steps. There is nothing wrong with that. What do you have to come to the board when you are just "waiting"... Anyways... Iam not here to criticise. Just am trying to answer their querries.

Top of that, I think there are some decent people on this thread maintaining the EXCEL sheet with up-to-date status, CorrecT!

Sorry to make this comment.There are lots of desperate souls waiting anxiously for 140 approval, whenever a new message is seen on this thread they are looking for some good news.So please keep all other discussions to the new thread.Apologies if it hurts anyone.hope you guys understand.

 

[sanliergun]

I received RFEs for our I-485 applications (1/13/2006, 1/19/2006). The RFE is long, but it basically asks for biographic information, and the copies of all pages, not just the processed pages. I gave all of it to my lawyer, so another couple of pounds of paper will be sent to USCIS very soon (1/26/2005). There was another item in the RFE list that my lawyer will reply with a letter because it is irrelevant to my case: They asked for my petitioner's ability to pay my wage. My case is self-petitioned.

FP done on 1/25/2006.

No LUDs on I-140.
Still waiting on my wife's EAD

I-140/I-485 EB2 NIW ND:7/27/2005
LUDS on I-485: 7/28/2005, 1/6/2006, 1/14/2006
LUDs on I-140: 7/28/2005
FP for I-485 done on 1/25/2006

I-765 (spouse only) ND: 11/10/2005
LUD on I-765 (spouse only): 12/11/2005
FP for I-765 (spouse only) done on 12/7/2005

Congratulations to those who got 140 approvals. Had a message change today saying that the case has been approved yesterday and the approval has been mailed. Updated the spreadsheet.

140/485/131/765 RD 08/04 ND 08/05
131: AD 09/01
765: AD 09/07
140: LUD 08/13, 11/16*, 1/19, 1/20 AD 1/19 (mailed)
485: LUD 10/07*
* attorneys inquiry

 

[sanliergun]

Sorry,
It should be copies of all pages of our passports.

I received RFEs for our I-485 applications (1/13/2006, 1/19/2006). The RFE is long, but it basically asks for biographic information, and the copies of all pages, not just the processed pages. I gave all of it to my lawyer, so another couple of pounds of paper will be sent to USCIS very soon (1/26/2005). There was another item in the RFE list that my lawyer will reply with a letter because it is irrelevant to my case: They asked for my petitioner's ability to pay my wage. My case is self-petitioned.

FP done on 1/25/2006.

No LUDs on I-140.
Still waiting on my wife's EAD

I-140/I-485 EB2 NIW ND:7/27/2005
LUDS on I-485: 7/28/2005, 1/6/2006, 1/14/2006
LUDs on I-140: 7/28/2005
FP for I-485 done on 1/25/2006

I-765 (spouse only) ND: 11/10/2005
LUD on I-765 (spouse only): 12/11/2005
FP for I-765 (spouse only) done on 12/7/2005

 

[srignram]

Thanks

srignram,

I think you have mis-conception of immigration boards or in general. I don't think thread title says that either. Just lookback and see how many messages you have posted on this board expressing your concern. Here every body is waiting for one or another. Like matt30 said, you may face some situation and turn back to the board with your querry. Though the people are eagerly waiting for I140 approval, but still they are trying to learn the next steps. There is nothing wrong with that. What do you have to come to the board when you are just "waiting"... Anyways... Iam not here to criticise. Just am trying to answer their querries.

Top of that, I think there are some decent people on this thread maintaining the EXCEL sheet with up-to-date status, CorrecT!

However what i meant was to create a new thread that discusses various topics other than 140 tracking(i beleive thatw what this thread says).I am not asking anyone not to post any question other than 140 tracking.The new reason is that whenever a new message is posted under 140 tracking for august, people think that something relevant to approval.If not that case then it leads to frustration.

 

[shahramt]

Just an update on my case.
RFE on I-485 today. not received the details yet

 

[perm_faq]

srignram,

I think its hard to change your mind. Not sure what you are going to do with that EXCEL sheet, that every one maintains here. Iam stopping your issue, right here. No more messages or replies further in this regard.

However what i meant was to create a new thread that discusses various topics other than 140 tracking(i beleive thatw what this thread says).I am not asking anyone not to post any question other than 140 tracking.The new reason is that whenever a new message is posted under 140 tracking for august, people think that something relevant to approval.If not that case then it leads to frustration.

 

[GCPlan]

Please respect the convention

srignram is absolutely correct. Everytime I see the "last message" date of this forum update, I feel excited and when I go the page, I find some really unrelated topic being discussed. It is so furstrating.

This thread is named, "CSC August 2005 Filing I-140 Tracking", which means that you should post stuff realated to just that. The heading cannot be more precise. Can't people understand that??? It is really stupid to post something like RFEs or LUDs on 485. I makes no sense at all. In fact, it is plain stupid, if you allow me to call a spade a spade.

There are various threads to post and one should post in the most appropriate thread. Just because several people visit this thread is no reason to post unrelated stuff. Indeed, should one ask, "where do I get the best deals on air tickets to Mumbai" here? No, right?

Again, before starting a flame war, please understand what we are trying to say: Anybody is free to post whatever they want. Just post in appropriate threads instead of contaminating irrelevent threads. Yes, anybody, including myself, can be in a situation where they desperately need answers. But that doesn't mean they should sh*t where ever they want.

 

[GCPlan]

Just an update on my case.
RFE on I-485 today. not received the details yet

Now come on, how the hell is this information relevent or even useful in this thread??? This thread is for posting updates on 140, do you not understand that?

 

[nother1inline]

Hey guys - take it easy - this forum is for 140 yes but 485 is not delinked from it - its fine guys - its easy to see that the post is not about an update on 140 by just a glance so chill people

 

[shahramt]

Now come on, how the hell is this information relevent or even useful in this thread??? This thread is for posting updates on 140, do you not understand that?

Calm down.
I have been following the case of other people in this threas since Aug and I was interested about the progress of similar cases and I think others may have similar interest.

BTW, you ND is october. What are you looking for here?