In the emplolyment-based immigration cases, the USCIS announced that it would achieve the reduction of backlogs simultaneously from the two ends: At one end, it would accelerate the name-check and fingerprint scheduling for existing cases to reduce the backlog cases in the pipelines, and at the other end, it would commence "concurrent adjudication of I-140 and I-485" for the new cases at the timeline of I-140 processing. The goal was allegedly to reach a certain point where the processing times for existing cases and the processing times for new cases become the same. For the frontend backlog strategy, the USCIS allegedly is also testing water an aggressive Pilot Program through the California Service Center to adjudicate I-140/I-485 cases within 90 days. However, there are no visible results reported anywhere, at least at this point of time. There is no visible sign of change of processing times for I-140 and I-485 cases in the USCIS processing time reports which should report the pace of cases which are already in the pipeline. In fact, it rather produced a negative fall-out. The Service Centers appear to be not consistent when it comes to the concurrent I-140/I-485 adjudications. But in certain Service Centers, there is a sign that they process I-140 and I-485 concurrently even for existing cases, resulting in I-140 petitions being stuck pending processing and adjudication of I-485 applications. This has created a tremendous problem to the applicants who need change of employment using AC 21 which allows the I-485 applicants to change employment after 180 days of filing inasmuch as I-140 has been "approved." Consequently, unless the USCIS achieves the concurrent adjudication within 180 days of concurrent I-140/I-485 filing, the current concurrent I-140/I-485 adjudcation policy produces chilling effect on the legislative intent of AC 21 making this provision a mockery. The current pace of processing of concurrent I-140/I-485 produces a large number of victims who have lost but located a similar job after 180 days of filing but are facing denial of I-485 because of the unadjudicated I-140 petitions. We do agree with the USCIS that administratively it would make more sense to process I-140 and I-485 by the same people in the same production unit within the building rather than the two different units handling these cases, but the USCIS should release I-140 processing from being held a hostage of I-485 processing/adjudication considering the above-mentioned unintended consequences and chilling effects on the AC 21 legislation.
08/07/2004: USCIS Reports Reduction in Backlogs
- Thread starter puhrince
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