ND June/July/ Aug00 Approval

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I got an RFE, called IIO today, AVM is still not updated.
Dont know more info about the RFE. Details

EB3, Others, PD 03/99, ND 07/19/2000
 
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namoona,

Are you sure that your PD is 03/99 and you are in the EB3 category and you filed for 485 in July, 2000 ? Sounds a bit un-usual...
 
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namoona,

could you please tell me the 1st 5 digits of your reciept number. my nd is july 28th and my eac no. is 00-232-5xxxx. if you have got a rfe for nd july 19th i dont think i am too far behind. just thought by getting the first 5 digits of your eac number might help me estimate the time for them to get to my file.

thanks
 
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Yes my country is correct, my case is a bit different as I am
cross charging to my spouse\'s country of birth, but I am born in
India. The first five digits of my EAC are 00-224, ND is 07/19/2000

My labor was done is RIR, PD is 03/15/1999, I-140 approved in
04/2000 any other questions feel free to contact me
 
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namoona,

That makes sense. I did not check the country before my previous post. So you used "Cross-chargeability" for your filing....

The question I have is that, would the "Charged country\'s" visa quota be applicable to you or would your birth country\'s quota be applicable....the reason why I mention this is because I too could have used "Cross-chargeability" but went for the regular filing because my date was current at that time.

EB2/India PD 01/99 RD 05/00 ND 06/00 FP 10/00
 
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Based on my understanding of INA Sec 202.b.2 and my discussions with my lawyer and some other people the way it works is

  If you cross charge then either spouse\'s country is check for the
respective PD, say you are from India and your PD is not current
then it gets charged to your spouse\'s country quota that maybe
timbaktoo. If your spouse has stayed less than 1 year in his/her
country of birth then she and eventually you could charge it to
his/her parents country of birth.

   There is no difference in filing your application is the
same, only thing is your lawyer needs to attach a covering letter
bringing to the attention of INS that you could cross charge.

   The reason why I did it is bcoz my PD was not current, also if
India\'s PD gets affected in some way I am not affected, hope this helps.
 
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