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

yeah i think we need to then start a tracker with the guys who are going for CP whose I-140's were approved within a month...the popular guess in the CP forum is that the CP process might get delayed now
 
I know of cases which have been 'concurrently' and 'semi-concurrently' being filed in employment based category which are getting I-140 approval in 1.5 month, before even finger printing.

It is very true that people who filed in Feb/March/April are getting their I-140 approved faster than those in earlier months. Tell me what you make of this, where does Fuji Ohata memo stick in here?

I still don't understand why people who have got I-140 approvals from these months are not posting. Are there people of all nationalities here, or only Indians? Is there a country ratio for giving employment based GCs.
 
amrcn attd

i really dont remember seeing any concurrently filed case in the months from jan-april 2004 for 140/485 being approved in a month or two. if you know of any cases like this let me know.
 
i think those guys would not come to this forum bcos why bother? they got their approvals done..so why wud they fish around here? they would probably be in the CP or 485 forum..maybe we should find out there
 
amrcn_attd,

There's no per country limit for I-140s. There is a per country limit for Employment GCs but that is reflected in the priority dates. Once you file for 485, no different processing by country of birth as long as the priority dates are current for your country (and they've been current for a few years for all countries in EB employment categories).
 
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mid March 2004 140/485 concurrent filing nebraska

amrcn_attd ,

I dont know of a single case who is Indian or anyone in the 140 - nebraska forum whoz 140/485 was filed between jan 2004 and march 2004 whoz 140 got approved.( leave alone cases where 140 was filed initially and then RFE submitted between jan 2004 and march 2004).

Your argument on nationality for Issuing GC is correct.(I have heard of quotas for each country everyyear)

I heard of a couple of february filed 140 cases which have cleared from vermont. I am hopeful my 140/485 should be approved or RFE heard from INS nebraksa before end of july.(I also heard of a case in one of the forums where 485 was cleared 2 days after 140 was cleared.and this one was in vermont)

To me it seems like this Ohata memo has created so much of confusion in BCIS itself that they themselves arent clear what to do

====================================
My application was filed
mid March 2004
140/485 concurrent filing nebraska
I got my EAD and FP was done mid may.
I am waiting for I 140 / 485 approval
 
March filer with approved 140

Here are my details

I don't know whether it is concurrent or not as I have sent all the applications together,Nebraska center has seperated it and accepted I140 and returned I485,I765,I131" saying petition can not be matched "

Nebraska center
I 140
RD : MArch 8,2004
AD : April 9,2004

I485,I765,I131
RD : April 13,2004
ND :April15 ,2004
FP1 : June 22,2004 [Due]
awaiting for EAD...and rest ...

Thanks.
 
manisudan

consider your case a non concurrent application because if u were considered as concurrent you would be nowhere near a 140 approval yet. i am a feb 2004 concurrent applicant and no news of anything yet and i know jan ,feb, mar all concurrent applicants in the same boat. may be getting that 1 month gap was actually a blessing in disguise for u, atleast u have 140 approved which is good.
 
Hi All

For me it is a different story. No updates on 140 Filed on 31-oct-2003. Still Waiting .. Waiting. FP done on 11-may-2004. EAD/AP Approved .. 485 Pending RD 23-FEB-2004
 
I agree with you iknowitall.. Mine is also a concurrent filing I-140/I-1485 filed in 01/20/04(RD), got my EAD & AP in 03/18/04 & 03/23/04, done my FP on 05/14/04 and still waiting for any kind of update on my I-140 case online status. I-485 case online status was updated with FP results recd on 05/26/04.

Hope for the best.

Thanks,
kvrp.

iknowitall said:
manisudan

consider your case a non concurrent application because if u were considered as concurrent you would be nowhere near a 140 approval yet. i am a feb 2004 concurrent applicant and no news of anything yet and i know jan ,feb, mar all concurrent applicants in the same boat. may be getting that 1 month gap was actually a blessing in disguise for u, atleast u have 140 approved which is good.
Click to expand...
 
It turned out to be good.

Thanks iknowitall,kvrp for posts,

I had gone throgh lot of stress as CIS was intially not even accpeting the application saying "original petition can not be matched "

Anyways as you said it delaying helped when I see it now.. as far as approval of I140.

Thanks.
 
so does this mean non concurrent I-140's are seeing the normal approvals within 1 month these days? might be a good idea to go for CP after all
 
i dont know what they are upto, looks like they have stopped processing any of the applications 140, 485 everything.
 
Gentlemen,

I spoke to my lawyer today and wanted to ask her about insights into my case which is concurrently filed in NSC in Nov 03.

She categorically told me that she has been following up with NSC and that they have been stricty advised to adjudicate 140 and 485 together. Though we all have received FP notices etc, she told me that NSC is not equipped to process 485 quickely (within 90 - 120 days). This leaves us with the only option of long wait times extending to over a year to 18 months and in some cases even 2 years. Therefore as of now, we cannot even make use of ac21. (because it is useless with 140 approval).

This guys is really bad. I knwo a lot of you out there are awaiting to see the effects of teh Ohata memo, but I am afraid, even my lawyer feels that this is NOT going to happen anytime soon.

With that said, I guess we will have to / or rather we should act and talk to our respective congressmen / lawyers etc to see that the NSC / USCIS atleast modifies the ac21 rule which can safeguard us and our GC process. We have a huge investment here in terms of time and more importantly our careers are pegged to this important event of getting a green card.

Hoping that hopefully we all get that plastic as soon as possible.

Cheers,
 
GCchahtahun said:
Gentlemen,

I spoke to my lawyer today and wanted to ask her about insights into my case which is concurrently filed in NSC in Nov 03.

She categorically told me that she has been following up with NSC and that they have been stricty advised to adjudicate 140 and 485 together. Though we all have received FP notices etc, she told me that NSC is not equipped to process 485 quickely (within 90 - 120 days). This leaves us with the only option of long wait times extending to over a year to 18 months and in some cases even 2 years. Therefore as of now, we cannot even make use of ac21. (because it is useless with 140 approval).

This guys is really bad. I knwo a lot of you out there are awaiting to see the effects of teh Ohata memo, but I am afraid, even my lawyer feels that this is NOT going to happen anytime soon.

With that said, I guess we will have to / or rather we should act and talk to our respective congressmen / lawyers etc to see that the NSC / USCIS atleast modifies the ac21 rule which can safeguard us and our GC process. We have a huge investment here in terms of time and more importantly our careers are pegged to this important event of getting a green card.

Hoping that hopefully we all get that plastic as soon as possible.

Cheers,
Click to expand...


good information gchahatahun, i was expecting the things to take this shape. a new memo comes out and NSC cannot change its ways, infact these guys can only make things worse. anyways hoping for the best and thanks for the info.
 
have anyone of you considered switching to CP? just curious..a lot of them are switching using the AC I-140 option..
 
Hi All

This is very bad if NSC is not processing 140 cases. I filed I-140 in OCT 2003 .. Still waiting. FP complete and UCIS updated . If they are going to wait for processing this is not going to head anywhere .. Is the new rule doing bad rather than doing good for all applicants
 
Switching to CP

Puhrince:

Is it possible to switch to CP even though it was not indicated in the initial filing of labor and 140/485? And if it is done, do you think that it will help in speedy approval of 140? I don't really know how CP works - my knowledge is that 140 is approved by CIS here and then you have to go to your home country for AOS/final approval of 485.

Thanks!
 
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