Attorney Murthy's speculation on I 485

sertra2002 said:
I agree with Elnegro. I have this to say to IndiKiddo, the point is that by making such statements she is scaring the hell out of I-140 filers. She has a reputation and what she says can be taken by many as 'truth and the whole truth'. If I or you are to make such a statement, that is fine as we are not experts in legal term and no one relies on our word to make future desicions, but people may rely on her 'staements'.
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Beleive me, I also have the same anxiety and pain. And Ms Murthy is saying what he thinks. I mean obviously you do not beleive that it is logical.
Ms Murthy does not have a responsibility here - she is a business woman(or professional) who makes money for her service. So it is not logical to call her "Unresponsible". If some one at BCIS says that , then yes that is not responsibility. I hope you understand the difference here.
 
Elnegro said:
I think it does to many people who are anxious to get their 140s/485s approved. It creates confusion and loss of hopefulness. You expect professional and responsible statements from a site like that.
Elnegro
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Beleive me, I also have the same anxiety and pain. And Ms Murthy is saying what he thinks. I mean obviously you do not beleive that it is logical.
Ms Murthy does not have a responsibility here - she is a business woman(or professional) who makes money for her service. So it is not logical to call her "Unresponsible". If some one at BCIS says that , then yes that is not responsibility. I hope you understand the difference here.
 
Attorney Murthy Chatroom

I posted a question to Rajiv Khanna regarding this issue to see what his position is.

There is a chat room scheduled for today with Attorney Murthy at 9:00pm Eastern Time. It will be great if anybody can make it to ask for more details about the I485 article published on 7-30, and how it is sustained.
Elnegro

Welcome to the MurthyChat!

Next MurthyChat Session : Monday, Aug 02, 2004; 9 p.m. to 10 p.m. Eastern Time (U.S.). Meanwhile, access transcripts of past chat sessions or search for answers to specific questions.
 
I am really doubt I140 is following I485 time table. Looking at today I140 table, it is slow enough for them. (The time table has not moved for a month!)

I think it means the I140 can be delayed until I485 adjudication but it is unlikely. However, this is already very painful.

If many people talk to the CIS director/senitor etc, give them pressure, maybe our cases will move 5 miles per hour instead of 1 mile per hour or (backward sometime!).

The worst case is to wait for about 2 years (average, also depending on your case on which side of the Bell Curve). Typical, NSC will clear the damn I485 in 2 years. So, we gain nothing for this FO. Of course, assuming we all still have a damn job.

At least, CIS should change the AC21, so one can change a job while waiting for I485.

I think Murthy may talk to the high level officers at NSC and make sure what they are doing (if she can).
 
Murthys chat room

Was anybody able to participate on this chat room yesterday?
Any updates?
Elnegro
 
Yesterday's Murhty chat.

Pl. see the following extract from somebody's questions on yesterday's Murhty chat.

Thanks,
kvrp.

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Chat User : When is the new Ohata Memo for concurrently filed I-140/I-485s effective from? What will happen to processing for I-140s filed before the Memo was effective?

Attorney Murthy : Actually, we are seeing that I-140s filed before the Memo are also getting approved fairly fast. The pilot program at the CSC seems to apply only to concurrently filed cases after the date of the Memo in order to take care of newly filed concurrent cases. The USCIS plans to separately take care of the backlogs for previously filed cases.

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Chat User : Do you anticipate the USCIS to clear the confusion on AC21, especially on its use even if the I-140 and I-485 are pending for more than 180 days?

Attorney Murthy : The USCIS has already cleared up that issue in their August 2003 Memo, which we have written about extensively on our website. Their position is that the I-140 has to be approved and the I-485 has to have been pending for over 180 days for one to take advantage of AC21 portability. Although AC21 law does not require that the I-140 be approved, keep in mind that, at the time of the AC21 law's passage in October 2000, the I-485 could only be filed if the I-140 had previously been approved. Concurrent filing only started from July 31, 2002, so the USCIS believes that its interpretation is justified. Someone who has been adversely affected may decide to test this rule in court in a lawsuit.
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Elnegro said:
Was anybody able to participate on this chat room yesterday?
Any updates?
Elnegro
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