evakwong Posted October 18, 2011 Report Share Posted October 18, 2011 We filed concurent I140/I145 on Aug 2007. Principal (My hushand) COB: Hong Kong P/D: 6/7/2007 EB3 Spouse (Myself) COB: China P/D: 8/23/2005 EB3 We submitted an inquiry on June 2, 2011 regarding 1) multiple Prority Dates and 2) Cross Chargeability. USCIS sent out Letter for evidence yesterday. I'm just wondering if anyone have idea what is the evidence USCIS needed usually. How long would it take to process after evidence provided? Does it a good sign to get GC smoothly? Thanks for all the input. Link to comment
Belle Posted October 18, 2011 Report Share Posted October 18, 2011 Wait for the letter. I believe, it will have your questions covered. That's kind of the point of the RFE. Why is this cross chargeability? Are you trying to be considered in China, but in 2007 PD? Link to comment
caca1225 Posted October 19, 2011 Report Share Posted October 19, 2011 We filed concurent I140/I145 on Aug 2007. Principal (My hushand) COB: Hong Kong P/D: 6/7/2007 EB3 Spouse (Myself) COB: China P/D: 8/23/2005 EB3 We submitted an inquiry on June 2, 2011 regarding 1) multiple Prority Dates and 2) Cross Chargeability. USCIS sent out Letter for evidence yesterday. I'm just wondering if anyone have idea what is the evidence USCIS needed usually. How long would it take to process after evidence provided? Does it a good sign to get GC smoothly? Thanks for all the input. Yeah it's kind of weird. If your husband is the primary beneficiary, you cannot use your PD on his case. You can however, file through your company as the primary using your husband's country of birth for cross chargability. USCIS used to allow filing using spouse's PD but not any more. Link to comment
evakwong Posted October 19, 2011 Author Report Share Posted October 19, 2011 We are trying to cross charge to my early PD 8/23/2005 instead my husband's. Also, my lawyer is trying to swap my I140 to be principal applicant. Does it make sense? Link to comment
Belle Posted October 19, 2011 Report Share Posted October 19, 2011 Well, now it does. You can't use cross chargeability to get an earlier PD. The principal's PD is the one to be used. So, the person with the earlier PD should be the principal. You can only use cross chargeability to use derivative's country of birth. Your lawyer is going the right direction. Link to comment
evakwong Posted October 19, 2011 Author Report Share Posted October 19, 2011 Hi Belle, By your experience, normally how long would it takes to get feedback after submitted evidence? Any kind of risk for this inquiry? My H1-B will be expiring at the end of Jan 2012. Hopefully, i will know something before that. Thanks! Link to comment
Belle Posted October 20, 2011 Report Share Posted October 20, 2011 Usually, if your case is not denied 60 days after receipt of the RFE, your response was good. Link to comment
evakwong Posted October 20, 2011 Author Report Share Posted October 20, 2011 USCIS won't denied my orginal I-485, they only might denied my cross charge inquiry if it is not workable. If it is doable, I will get my Green card right after their decison made. Am i correct? Thanks! Link to comment
Belle Posted October 20, 2011 Report Share Posted October 20, 2011 You get your green card when everything in your case has cleared. Even if the USCIS charges your visa against the country you want them to, it does not mean that everything has cleared. Link to comment
evakwong Posted October 24, 2011 Author Report Share Posted October 24, 2011 Just want to keep this posted for someone who is at the same boat as me. We got the evidence letter for USCIS last Friday and USCIS request us 1) to confirm we need to do the I140 swap by a letter 2) the offering letter on my company letter head 3) my I120 from school 4) vertify my Chinese name cause i have different translation on my birth certificate and my passport My lawyer is working on it and hopefully we will get some feedback soon after submit these evidence. Link to comment
evakwong Posted November 8, 2011 Author Report Share Posted November 8, 2011 Belle, Lawyer submitted our REF to USCIS by mail on Nov 2 and USCIS confirmed they received our REF on Nov 3. Just wondering now that USCIS has received our document, if they approve our application, are they just going to receive our Green Card? Or they are just approving the principle applicant and still have to approve the cross charge part? Also, I know the cross charge isn’t really an formal application and they can’t really deny it, they can just ignore it. Do you think it is still the case now that they have asked us for reference? Thanks! Link to comment
Belle Posted November 9, 2011 Report Share Posted November 9, 2011 Cross chargeability is part of the application. If they decide not to charge your application to HK, both applications will remain pending waiting for the visa numbers (aka for PD to become current under China). Link to comment
evakwong Posted November 10, 2011 Author Report Share Posted November 10, 2011 My I485 has been approved today. The status updated to card production. Cross chargeability works. Link to comment
Belle Posted November 10, 2011 Report Share Posted November 10, 2011 Of course it works, otherwise people would no do it. Congratulations! Link to comment
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