Concurrent Filing - Using Cross Chargeability

[ipineapple]

Hello from me, to all the members on this forum!

I am an Indian citizen currently working in the US and my GC (EB3) was
applied over a year ago. I recently heard from my lawyer that my I-140 has
been approved with a PD of 08/18/2008.

I will be getting married soon. My would-be wife is a British citizen who was
born in Afghanistan. She would be joining me on H4 visa. For EB3 The
January Visa Bulletin has priority date cut off at June 22, 2001 for applicants
born in India, and Aug. 1, 2002 for those born in all other countries except
India and Mexico.

My lawyer says that 'Cross Chargeability' is only helpful if i was under EB2
category (for people of nationality other than India & China the PD is
current). Since i am under EB3 the change is not huge (about 1
year as her cut-off date is June 1, 2002).

So my question to you folks is: Is Cross-chargeability a big benefit for EB2
applicants as the priority date is "current" for EB2 as long as the country of
birth is not India or China -AND- is not a huge benefit for EB3 applicants?

Hope anyone can answer this


Thanks much Ahead!

[pradeepkumarr78]

Concurrent Filing - Using Cross Chargeability

Hi

Well first of all Congrats on getting married.

Yes its true that the difference between EB3 India born and other countries at this point of timeis only close to one year.

However, you will have to keep in mind that the priority date for EB3 other countries was 2005 only a year back and was retrogressed only some time around Mar'09, which means any time in the near future the priority date will go forward to 2005 for EB3 other countries.

Given the scenario you stand a better chance of getting your Green Card 4 to5 years earlier than EB3 India if you opt for cross chargeability.

So filing for cross chargability will for sure help you in the long run.

However you should also remember that the USCIS scrutinises more on petitions where the applicant is born in countries like Afghanistan.

Wish you all the very best

Regards
Pradeep

[ipineapple]

Pradeep thanks a bunch. This really clears up things up for me.

So, cross chargeability does have its merits even for EB3 i see

I am on my 3rd year of H1B. Moving to a different company would allow
me to apply under EB2 category (for which the cut-off date of cross
chargeability - other countries, is current). Even if i end up applying for
my GC from scratch i could still file for my I-485 in just over a years time.
Do you think this would be a good idea? Please advice.

Thanks once again.

[pradeepkumarr78]

Yes filing EB2 (Other Countries) will for sure do a world of good for you.

If you have the documents right to prove you fit in to the EB2 category, then you can also get your GC in less than 2 years time (3 months ad + 10 months labour + 4 months I-140 & I485) provided you esacpe an audit/ RFE

All the best

Regards
Pradeep