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

My plan has always been to do AC I-140. But, with this new Ohata memo, all my planning just went out the window, because AC I-140 still requires an I-140 approval. So, now I don't know what to expect. I spent 3 months convincing my consulate to accept AC I-140, and when they finally did, the I-140 processing ground to halt. My RD is 10/01/03; the posted processing date has been 9/9/03 for the past 2 months, so you could imagine my frustration. I started my labor in March 2000 and it has been one set back after another ever since. I think this whole thing is cursed.
 
akv01,you can always change from AOS to CP or from CP to AOS anytime..well now, i should say you 'could' always change to CP..as 325chelsea mentioned,you use AC-140 to change to CP..all the info regarding it is mentioned in the CP forum..but it requires I-140 approval..so if you had known about it and used AC-140 before may1, you would have been fine..
 
akv,are u sure your case is concurrent?? from your earlier post,as u said u don't know much about the whole process except that u have to go home for AOS/485..thats is completely wrong!!! that is the non concurrent I-140 CP option...check with your lawyer again as to what exactly u have filed for
 
Got 140 , what it means to me ?

My ND is September 29, 2003. (Concurrent filing ) - NSC
Got my 140 on Arpil 10. (I should have gotten it by feb, but my employer delayed documents for an RFE).
I gave finger prints on may 13th and called FBI, they said they sent the results the same day. Also the online case status (for 485) got updated on May25th, it says " ... we received the results of your FP on blah blah blah and processing resumed on your case".

So what happens now ? since my 140 is approved, shall I relax for 1-2 years for second FP and RFE and then approval ? (of course I can use AC21, but my employer is real nice so I am sticking with him).
 
congrats...now you can either go for Attroney certified consular processing (faster route to get GC) or wait for another 1 or 2 years for I 485 to get approved. Good luck
 
Does chennai allow this ?

Do you know if Chennai (Madras) consulate office allows attorney certified CP ?? I know Mumbai accpets this ...
 
u shud go to the CP forum buddy..u will get all ur answers..they already have a thread on AC I-140 thro chennai
 
Yes..you should go to CP forum...I know Chennai accepts because I checked with them for my case few months back. Unfortunately my I 140 is struck because of Ohata ..let me know if you find out otherwise about chennai consulate.
 
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...
I am not sure what does your lawyer means when she says - not equipped. Could you clarify it please?
 
What is IndoChinese Adjustment Act ???

What is IndoChinese Adjustment Act ???? Is this applied to employment based 485s ??
 
2004 march

Any one like me out there ?

Case Details
==========

140 and 485 applied concurrently 15 march 2004

EAD and Finger printing done in May 2004

140 status reads " will approve in around 150 days"

Finger printing status made USCIS case status changed to " Now processing after FP....etc"


Questions
=========

1. Will my application be picked up by Fuji ohato memo
2. Has any one who applied during the same time concurrently got approval ?
3. What is the scene with respect to AC21
4. USCIS currently show processing 05/12/2004
Does this mean
1. They have completed applications from jan , feb march, april ?
or Do they pick and choose applications for this Fuji ohato memo
2. Why has my case status not updated even though the processing time has updated
3. Is there a way to find out whether my application was picked up by the Fuji ohato memo ?
 
USCIS update for I-140 and 485 for its backlog reduction plan

not sure how this helps..but anyways : )

"The I-140 petitions are expected to drop to an average of 8 months by the end of this fiscal year, down to 7 months by the end of the next fiscal year, and to 6 months by the end of FY2006. The plan for I-485s is a small decrease in processing times to 20 months by the end of FY2004, followed by an ambitious goal of 15 months in FY2005, and to 6 months by FY2006."
 
Hello,

I got my labor approved and I filed for my I-140 and I-485 before a week. Today I got laid off, however my company has agreed to continue my GC process. Now my question is as follows:

(1) My lawyer told me that even if I dont get another job (and thus my H1 transferred) I can still remain in the country on a 'Pending' status as my I-140 and I-485 have been filed.

I am not too sure if this is true. Can somebody please advise.

Thanks,
 
ramlaxman said:
Hello,

I got my labor approved and I filed for my I-140 and I-485 before a week. Today I got laid off, however my company has agreed to continue my GC process. Now my question is as follows:

(1) My lawyer told me that even if I dont get another job (and thus my H1 transferred) I can still remain in the country on a 'Pending' status as my I-140 and I-485 have been filed.

I am not too sure if this is true. Can somebody please advise.

Thanks,
Click to expand...
You can .. I think .. but you cannot work unless you get your EAD card ... try searching in other messages in this forum .. never heard of anyone getting laid off a week after filing and also not being able to do H1 transfer ..
 
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