Priority date and Concurrent filers
All,
I got an email from my lawyer and here is what she had to say:
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Adjudication of I-140s and I-485s at NSC
A recent liaison meeting with the Nebraska Service Center confirmed that they are putting additional resources in the I-485 and I-140 processing. They expect significant improvement starting in January.
However, because of an instruction from Headquarters, there is a strange effect on I-140/I-485 adjudication. If an I-140 is filed separately, they are expecting to adjudicate it in close to 6 months during the 2005 fiscal year. This is a significant improvement in processing time.
If an I-140 and I-485 are filed "concurrently", then they will not adjudicate the I-140 until they are ready to adjudicate the I-485. They expect to get I-485 processing down to about one year by 2006. So there is still a benefit of filing concurrently.
There is one caveat, however. The NSC is interpreting portability to apply ONLY when the I-140 has been approved. This is not in the law, but is their own interpretation. But it means, unless clarified by Headquarters, that for those applications filed concurrently there is effectively no portability.
They do not know how applications subject to the waiting lines will be handled at this point.
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Yesterday I spoke to an atourney from Rajiv Khanna's office who assured me that this was not true and that I-140s would still be processed. He said that one of thier applicants had just got their I-140 approved last week (from NSC) and that I could expect my application to be approved in about 8-10 months.
Know of anyone who recently gottheir I-140 approved form NSC in the EB3 category with concurrent filing?
