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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 04-08-2008, 02:44 PM
Junior Member
Priority Date
:
Sep-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
United Kingdom
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 21
viveksri is infamous around these parts
Default Yes Cross Chargeability Does Work!!!!!!!!!!!!!!!!

Guys,

I thought hell would freeze over before this day would come, but I actually got “Card Production Ordered” email just now for myself and my wife.

I was waiting for this moment for 5.5 years. I owe a big thanks for all you guys. You guys have been a great help for me and others as well. Thanks!!!!!!!!!!!!!!!!!!!

Now I will pray for all you guys.


Thanks,
VS
__________________
CA RIR/EB3
PD: 30th Sep. 2002

(For Both Self and Spouse)
Primary Applicant: India
Spouse: UK
Applied AOS using Cross-Chargeability @ NSC
485/EAD/AP Mailed on 5/2/07
485/EAD/AP RD: 5/3/07 ND: 5/9/07
485/EAD/AP Rec. Receipts on: 5/18/07
FP: 6/13/07

485(Self Spouse) LUD: 5/11/07,6/13/07,6/15/07,6/20/07(After FP) ,LUD:2/20/08(RFE)3/5/08(RFE Res. rec.). Soft LUD 3/6/08, 3/17/08,3/18/08
Approved: 4/8/08
485(Spouse) LUD: 5/11/07,6/13/07,6/15/07,6/20/07(After FP)
Approved: 4/8/08
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  #2 (permalink)  
Old 04-08-2008, 02:47 PM
Junior Member
Priority Date
:
Oct-03
Category
:
EB2
I140 Mailed Date
:
02/23/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/21/2007
Compare
Join Date: May 2007
Posts: 19
kevnss is on a distinguished road
Default

Wow Thats great news. congratulations. I am still waiting as my labor was filed in Oct 2003 and 485 on July 23rd 2007. I guess I will have to wait another couple of years.
__________________
Suri
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  #3 (permalink)  
Old 04-08-2008, 02:50 PM
Donor
Priority Date
:
Jun-04
Category
:
EB2
I140 Mailed Date
:
05/25/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: Jul 2007
Posts: 361
natrajs has much to be proud of natrajs has much to be proud of natrajs has much to be proud of natrajs has much to be proud of natrajs has much to be proud of natrajs has much to be proud of natrajs has much to be proud of natrajs has much to be proud of natrajs has much to be proud of
Default Congrats

Quote:
Originally Posted by viveksri View Post
Guys,

I thought hell would freeze over before this day would come, but I actually got “Card Production Ordered” email just now for myself and my wife.

I was waiting for this moment for 5.5 years. I owe a big thanks for all you guys. You guys have been a great help for me and others as well. Thanks!!!!!!!!!!!!!!!!!!!

Now I will pray for all you guys.


Thanks,
VS
Its Been a Long wait, Congrats and Best Wishes
__________________
EB2-PD:-June'04
CPO Mail Recd on 9/15/09
TriState IV - Active Member
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  #4 (permalink)  
Old 04-09-2008, 10:31 AM
Junior Member
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 12
clazale is infamous around these parts
Thumbs up Congratulations !!!

Congratulations.
Can you please share with us how you got USCIS to use cross-chargeability in your case. Since cross-chargeability is difficult to prove members suggest that a few things should be done simultaneously, to get all their attention:
1. Letters and faxes to the USCIS.
2. Infopass appointment.
2. Contact your local congressmans office and request them to follow up.
3. If possible also take help from AILA, which your attorney would have to do.

What are your experiences. Can you please share what you had to do to get cross-chargeabbility accepted. Also at any point during your process did you get a letter from USCIS stating that they will use cross-chargeability for your case?

Thanks in adavance. Congratulations again and good luck.

Last edited by clazale; 10-18-2008 at 09:04 PM.
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  #5 (permalink)  
Old 10-18-2008, 09:01 PM
Junior Member
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 12
clazale is infamous around these parts
Default Yes Cross Chargeability definitely does work

Hello Everyone,
My GC got approved using cross-chargeability.
Priority Date: Nov 2004 (EB3 - India)
Applied I140 and I485 concurrently during the July 2007 fiasco
I140 approved: Sept 08
GC Approved: Oct 08.

Good luck to all of you, in your GC journey. Hope all of you get your GC soon.
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  #6 (permalink)  
Old 02-12-2009, 12:07 PM
Member
Priority Date
:
Jan-08
Category
:
EB2
I140 Mailed Date
:
05/01/2008
Chargeability
:
UAE
Processing Stage
:
I-485
I485 Mailed Date
:
03/06/2009
Compare
Join Date: Mar 2007
Posts: 41
MONCYS has a spectacular aura about MONCYS has a spectacular aura about MONCYS has a spectacular aura about
Default

Hi,

I am in the same situation. I am cross charging to my spouses country of birth.
any word of advice ??
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  #7 (permalink)  
Old 11-05-2009, 03:08 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Nov 2009
Posts: 1
gentle is on a distinguished road
Default Im in the same sitatuion

My lawyer jus emailed me saying that they return my packet because of visa numbers are not available, My lawyer written a note of request saying my case should consider under CC..
Did you get ur case accepted under CC and any update with ur case?
Please reply
Thanks
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  #8 (permalink)  
Old 11-05-2009, 03:14 PM
Donor
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
09/18/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 385
Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute Leo07 has a reputation beyond repute
Arrow Congrats!

Good Luck.
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  #9 (permalink)  
Old 11-06-2009, 12:11 AM
Junior Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
03/31/2006
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/22/2007
Compare
Join Date: May 2006
Posts: 24
dpuranik is on a distinguished road
Default Cross Chargeability

What is Cross Chargeability?

When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.


My child is born in USA, can I cross charge to USA?.......What is US Priority date?:
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  #10 (permalink)  
Old 11-06-2009, 12:25 AM
Senior Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
05/28/2003
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2009
Posts: 236
Blog Entries: 1
number30 will become famous soon enough number30 will become famous soon enough
Default

Quote:
Originally Posted by dpuranik View Post
What is Cross Chargeability?

When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.


My child is born in USA, can I cross charge to USA?.......What is US Priority date?:
Only spouse is considered for Cross Chargeability.
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  #11 (permalink)  
Old 11-06-2009, 12:59 AM
Donor
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
08/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/02/2007
Compare
Join Date: Jan 2007
Posts: 423
gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future
Default

Quote:
Originally Posted by dpuranik View Post
What is Cross Chargeability?

When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.


My child is born in USA, can I cross charge to USA?.......What is US Priority date?:
Based on the definition you posted, the applicant should be the child! Immigration status of applicant's child doesn't count!
__________________
Contributed $100 to 2007 DC Rally.
Contributed $100 to 2009 DC Rally ( when is it?)
Contributed $50 for 6 months after my I-140 got approved. (Apr09)

Signed up for $25 per month recurring contribution.

Others:
Sent mails/faxes/cards to Senators, Congresswoman Joe Lofgren, Mr.Chertoff, Mr.Gonzales etc
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  #12 (permalink)  
Old 11-06-2009, 02:26 PM
Donor
Priority Date
:
Nov-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: May 2009
Posts: 44
ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of
Default

Quote:
Originally Posted by MONCYS View Post
Hi,

I am in the same situation. I am cross charging to my spouses country of birth.
any word of advice ??

I think you shall be fine. My best friend, like I, was born in India, but raised in the UAE. Back in the day, most Indian folks in the UAE would travel to India for birth and then return to the UAE in a few weeks. India had / has far better hospitals and doctors to the UAE. My friend and his wife applied for the resident status in March 2006 under EB2. He, the primary applicant, cross charged to his wife's country of birth - she is Indian origin, born & raised in the UAE. They were approved in a few months subsequent to 140 approval. Their entire resident process took just under an year. So, I think you should be fine. Good luck.
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  #13 (permalink)  
Old 11-06-2009, 08:24 PM
Junior Member
Priority Date
:
Feb-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Dec 2008
Posts: 13
pyaradesi is a name known to all pyaradesi is a name known to all pyaradesi is a name known to all pyaradesi is a name known to all pyaradesi is a name known to all pyaradesi is a name known to all
Wink cross chargeability

I do not wish to take away anything from those benefiting from cross chargeability, but only wish to ask this question.

We have laws that impose per country quotas to combat which we have this whole community in the first place. The spirit of these laws was probably to encourage diversity among immigrants, not that I subscribe to these, I myself am stuck in the mud.

Now, supposing somebody's spouse, who is Indian but happened to be born in a country not backlogged, but for all practical purposes this person is Indian, but this couple benefits from this CC law.

Is this defeating the spirit of the law? USCIS/DHS is enforcing the letter of the law while completely defeating the reason this legislation, though archaic, was written in the first place.

Again, I do not want to take anything away from anybody, I wish well to everybody benefiting from CC, for all practical purposes you are law abiding folks following the law to the letter.
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  #14 (permalink)  
Old 11-07-2009, 12:35 AM
Donor
Priority Date
:
Nov-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: May 2009
Posts: 44
ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of ryan has much to be proud of
Default

Quote:
Originally Posted by pyaradesi View Post
Now, supposing somebody's spouse, who is Indian but happened to be born in a country not backlogged, but for all practical purposes this person is Indian, but this couple benefits from this CC law.

Is this defeating the spirit of the law? USCIS/DHS is enforcing the letter of the law while completely defeating the reason this legislation, though archaic, was written in the first place.
I think, we, become who we are per the towns, the people and the nations we are exposed to i.e. our surroundings and the experiences sculpt who we become. So, perhaps the law applies similar reasoning over an individual's "origin" and personally, to a large extent, I agree with the law. After all we either came from Adam / Eve or from a single continent
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