06/02/2004: Concurrent Adjudication (I-140 + I-485) Guidance of USCIS HQ

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puhrince

Registered Users (C)
got this from another posting..don't have the 2nd part..can someone tell me where I can find the remaining info(if anyone has seen it) ?
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As we reported earlier, on March 31, 2004, the USCIS issued a memorandum to the Service Centers to adjudicate concurrently for the concurrently filed I-140 and I-485. Accordingly, people may assume that since about May 1, 2004, the Service Centers have been processing concurrently filed I-140/I-485 cases separately and differently from the I-485 cases which were filed alone. Following are the guidance for concurrent adjudication of concurrently filed I-140+I-485 cases under the memorandum:
In the Service Center processing times reports, the concurrently filed I-485 processing time coincides with the I-140 processing time. In other words, for these filers, they should keep track of I-140 processing time and not I-485 processing time in the bi-weekly official processing time reports of the Service Centers. For them, I-485 processing time is the same as I-140 processing time. Meanwhile, those who filed I-485 separately should keep track of I-485 processing times in the bi-weekly reports.
For the concurrent adjudication filers, I-140 petition and I-485 application always stay together. This will result in two consequences: First, since I-140 is not adjudicated separately, the previous procedure of prima facie review of I-140 eligibility is more or less removed and discouraged. Second, in order for the I-485 adjudication to be completed in the same pace with the I-140 adjucation, the Service Centers will accelerate the name check and fingerprint job vigorously.
Actual adjudication of I-140+I-485 will not take place until I-485 application is ready to be adjudicated after completing the name check and fingerprint. Therefore, the concurrent adjudication files remain on the shelf until they are ready to be adjudicated together.
When it reaches actual adjudication process, the adjudicators are required to review both I-140 petition and I-485 application. In other word, if the adjudicator needs to issue RFE for I-140, the adjudicator should also determine whether another RFE should be issued for I-485, should there be the RFE issues in the I-485 application. If the petitioner (employer) fails to respond to I-140 RFE or to meet the eligibility requirement, the adjudicator will deny both I-140 and I-485. On the other hand, should the I-140 petitioner be successful in responding to the I-140 RFE and satisfies eligibility requirements, the adjudicator should approve the I-140 petition no matter whether I-485 applicant has successfully responded to the I-485 RFE. If the I-485 applicant fails to meet the RFE requirement, such I-485 will be denied, and more likely the petitioner will receive the I-140 approval notice and the alien will receive I-485 denial notice.
Plus side and Minus side of Concurrent Filing and Concurrent Adjudication: The big plus will be the processing times. If we look at the I-140 processing times, even though each Service Cente
 
I-140

What doest it means afdter finger print & name check? will they process I-140 after these done and howlong it takes to get Name check cleared & finger print received after finger print given at local office?

is that system applicable to those who filled concurrently in july2003 but I-140 is still pending??
 
puhrince

this is very interesting. where did u get the first part ? and were u able to get hold of the second part too ?
 
Part-2

found it - immigration-law.com

Plus side and Minus side of Concurrent Filing and Concurrent Adjudication: The big plus will be the processing times. If we look at the I-140 processing times, even though each Service Center differs, the average I-140 processing time is approximately one (1) year. It means that in the concurrent adjudication cases, people will get green card approval within one year or less. Then what is minus? What else, AC 21 180-day rule of change of employer. Since the alien can not change employment until after the I-140 petition is approved, those who lose the job will face a potential denial of the green card opportunity.
 
based on above, it says current I-140 times on average are 1 year..which is not true for NSC..right now, its less than a month for all new cases..so based on this, i guess we can assume that they should approve the concurrent filing within 6 months - after your I-485 is filed of course..am i right?
 
puhrince said:
got this from another posting..don't have the 2nd part..can someone tell me where I can find the remaining info(if anyone has seen it) ?
--------------------------------------------------------------------------
As we reported earlier, on March 31, 2004, the USCIS issued a memorandum to the Service Centers to adjudicate concurrently for the concurrently filed I-140 and I-485. Accordingly, people may assume that since about May 1, 2004, the Service Centers have been processing concurrently filed I-140/I-485 cases separately and differently from the I-485 cases which were filed alone. Following are the guidance for concurrent adjudication of concurrently filed I-140+I-485 cases under the memorandum:
In the Service Center processing times reports, the concurrently filed I-485 processing time coincides with the I-140 processing time. In other words, for these filers, they should keep track of I-140 processing time and not I-485 processing time in the bi-weekly official processing time reports of the Service Centers. For them, I-485 processing time is the same as I-140 processing time. Meanwhile, those who filed I-485 separately should keep track of I-485 processing times in the bi-weekly reports.
For the concurrent adjudication filers, I-140 petition and I-485 application always stay together. This will result in two consequences: First, since I-140 is not adjudicated separately, the previous procedure of prima facie review of I-140 eligibility is more or less removed and discouraged. Second, in order for the I-485 adjudication to be completed in the same pace with the I-140 adjucation, the Service Centers will accelerate the name check and fingerprint job vigorously.
Actual adjudication of I-140+I-485 will not take place until I-485 application is ready to be adjudicated after completing the name check and fingerprint. Therefore, the concurrent adjudication files remain on the shelf until they are ready to be adjudicated together.
When it reaches actual adjudication process, the adjudicators are required to review both I-140 petition and I-485 application. In other word, if the adjudicator needs to issue RFE for I-140, the adjudicator should also determine whether another RFE should be issued for I-485, should there be the RFE issues in the I-485 application. If the petitioner (employer) fails to respond to I-140 RFE or to meet the eligibility requirement, the adjudicator will deny both I-140 and I-485. On the other hand, should the I-140 petitioner be successful in responding to the I-140 RFE and satisfies eligibility requirements, the adjudicator should approve the I-140 petition no matter whether I-485 applicant has successfully responded to the I-485 RFE. If the I-485 applicant fails to meet the RFE requirement, such I-485 will be denied, and more likely the petitioner will receive the I-140 approval notice and the alien will receive I-485 denial notice.
Plus side and Minus side of Concurrent Filing and Concurrent Adjudication: The big plus will be the processing times. If we look at the I-140 processing times, even though each Service Cente
Click to expand...
The beginning "As we reported earlier...." looks like it is a post from www.murthy.com
 
on immigration-law.com,where it says breaking news, keep scrolling down until you see dates like 06/02/2004..thats where it is
no its not on murthy.com,but it has a similar brief explanation
 
Puhrince,

I think what the site meant was we should track I-485 processing times for concurrently filed cases using the I-140 date found on the processing time report that's updated twice a month at uscis.gov.

The current date is 9th september 2003 for I-140.
 
bharad...but as far as we know that Sep date is for old cases,and has been lying idle on the same date for more than 2 months now..based on that, new cases will never get approved within 6 months..and anyways,the stand alone I-140 cases are getting approved in 1 month these days..so is it better to apply I-140 seperately? am not clear on that..what are the minuses of applying it seperately? not clear on that..
 
Puhrince,

I am just interpreting the words from site -
"..they should keep track of I-140 processing time and not I-485 processing time in the bi-weekly official processing time reports of the Service Centers. For them, I-485 processing time is the same as I-140 processing time.."

So the dates to keep track of are the 140 processing dates on the biweekly PTR. I think 6 months is the target for 09/30/06, and doubt evry much if they'll meet it now (I'd love to be proved wrong on this..:)). From posts here, clearly standalone140s are getting approved in 1 month or less but until USCIS officially acknowledges this by moving dates in PTR forward, the date is still september 9th (for EB3).

I guess the annual AILA conference is this month, so we might know more about CIS plans after the conference.
 
well i hope either they adjudicate 140 first seperately or do the concurrent within 6 months because otherwise ac21 doesnt apply and that makes me worry. u have to go about the whole process again.
 
AC21 and Concurrent filing

Since AC21 is not relavant anymore I think AC21 should be modified to suit the fuji ohata memo or a new memo should be passed which would handle the cases of concurrent applicants who should want to switch jobs because of various reasons.( But the question arises who will do it ??? :)) ) :) :D :p :eek: :eek: :mad: :( :rolleyes: :cool:
 
bharad1, u have a point there..so they have basically eliminated the advantage of filing I-140 seperately unless one wants to do CP; but then again the CP process isn't clear from the Ohata memo..to compensate for all this,they better approve it within 6 months! my guess is that for new cases,they will do it within 6 months but unfortunately for older cases its going to take time to make it fall in line within the new regulations..and by the time these older cases are done,all cases will be within 6 months..i.e. 2006 ?
 
I don't understand why the I140 process time stuck at Sep 9, 03 for months. Are they working on cases after Sep 9, 03 or they are really working on Sep 9, 03 cases.

I think those Sep 9, 03 cases are dead (The partitioner has not replied RFE etc). They are just for 'display'. I hope so.

So far, I have not heard 1 case approved concurrently. Please post your case if you get concurrently adjudication.
 
If USCIS follows the memo, there should not be a lot of people eligible for this. It is because most I140 were approved (There were a lot of I140 approved before April) and only the 485 is pending (These people are not eligible for the new rule). I think the backlog for I140/485 concurrently adjudication should not longer than 3 months. I hope USCIS works hard and clear the green within 3 months for people who are eligible. The problem is I filed on April, I have not even got the FP.
What is your opinion?
 
it might not say the days but it says that the processing date will be determined by the 140 date which is currently very random anywhere from 1 month -9 months so. if u r lucky ur concurrently filed case could be adjudicated within 6 months. recently 140s are approving in 1-2 months but again they are non concurrently filed cases. so its a haphazard situation and u wouldnt know anything till u actually see a few concurrent filed cases being approved concurrently.
 
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