Bad News for concurrently filed I-140 ???

D

dumadum

Registered Users (C)
Friends,

Just read the Murthy Bulletin with their interpretation of the Ohata Memo. According to it I-140 will not be approved till a decision on I-485 is made.

Doesnt this practically kill AC-21 portability ??

This development is very disappointing since I-140 has been moving at a snail's pace till now.
Now it looks like all the I-485's also need to be cleared .
 
Maybe Worse news for Non concurrent

Guys,

I read the Murhty bulletin also and there is a portion that says that atleast one center is going to give maximum priority to concurrent cases and will put non concurrent cases on a slower track. Again the full implications of these new procedures will not be known for a while.

If they do not change the AC21 rules then that provision is all but dead for all of us.

It seems that these guys have no logic in their rules. Anyway all we can do is wait and see what the next stupid move is going to be.
 
What does it all mean?????????? Why can't they adjudicate i-140 and i-485 simultaneously without affecting AC-21. If the I-485 remains unadjudicated for more than 180 days no matter what the status of I-140 is, a person should be allowed to switch. Just make the freakin policy clear..
They champion human rights issue everywhere but I havent seen human rights of aliens violated like this in any other country. Bunch of Lunatics and hypocrites running the show..
 
AC21 Not Applicable to Concurrent Filing?

Dear Rajiv,

I just got curious about the change in concurrent filing procedure by March 31, 2004 memorandum (Ohata Memo). I see a few problems here based on the memo.

1) AC21 is applicable to long delayed I-485 cases, that is the law.

2) I-485 can't be processed because I-140 is not approved, is this law?.

3) I-140 can't be approved because I-485 is not complete (finger pinting, name check etc according to the memo).

Basically, the memo tries to hold I-140 by tying it to a step that comes after, i.e. I-485, which will in turn hold I-485 for an indefinit period. As far as I can see, this is a catch-22 situation. Is this memo conformal to US Public law 106-313 (aka AC21)?
 
I've a question , please clarify if this correct or not .

I heard , I-140 processing will stop for a while , all I-140 staff will work on i-485 cases ,once the back logs reduces to current , they will jump on I-140 and I-1485 concurrent case .

Is this true ?
 
Originally posted by dharanir
I've a question , please clarify if this correct or not .

I heard , I-140 processing will stop for a while , all I-140 staff will work on i-485 cases ,once the back logs reduces to current , they will jump on I-140 and I-1485 concurrent case .

Is this true ?
Click to expand...

what's the source for this rumor ? ask the source to clarify for all of us here.
 
What is name check?

Hi,
Does anyone know what is "name check" what is the diffirent between Finger Print and name check? when will the USCIS take the name check for 485? the name check first or Finger print first?
Because it is said the 485 is ready only after the name check and Finger Print is finished.

Thanks
 
AC21 still rules

Some incompetent people at DOL and USCIS can create new memos and make us suffer, but only if we wish to suffer.

USCIS doesnot make any rules, they can only follow rules. In US, rules can be made by the Senate, the Congress and/or the President.

In AC21, it was clearly specified that one can change jobs once they file for I-485. So, specifically as per the rule, and if you have smart and intelligent lawyer, you should be very well be able to continue your processing.

They think they are smart. Few months back they make a rule saying that I-140 has to be cleared to use AC21, and now they make a rule, they wont clear I-140 untill they clear I-485. They think we are stupid and we cannot understand what they are doing. They basically putting all barriers to stop us from using law made by the State.

Any court in its right mind can overturn this crap. So dont worry. If you had already completed 180 days from the time you started the processing, you should be able to use AC21.
 
Texas Consolidated I140 Tracker

We have many threads running for Texas I140 and I485 cases. Don’t you think we can save time and efforts by posting only to one thread for all our questions and concerns for I140 and I485? I propose "Texas Consolidated I140 Tracker" to be the common thread. Do you agree with me?
 
No Boss!!

It is preciously why we donot want a huge long list.............there are a lot of us in the feb to may03 category who do want to plough through and read about all applicants of 04......everytime they want to check if there is any activity on during their period.
 
bbcd said:
It is preciously why we donot want a huge long list.............there are a lot of us in the feb to may03 category who do want to plough through and read about all applicants of 04......everytime they want to check if there is any activity on during their period.
Click to expand...

100% agree.
 
There is something called sorting feature in excel to avoid ploughing trouble..
:D

bbcd said:
It is preciously why we donot want a huge long list.............there are a lot of us in the feb to may03 category who do want to plough through and read about all applicants of 04......everytime they want to check if there is any activity on during their period.
Click to expand...
 
rajeevnair32 said:
Some incompetent people at DOL and USCIS can create new memos and make us suffer, but only if we wish to suffer.

USCIS doesnot make any rules, they can only follow rules. In US, rules can be made by the Senate, the Congress and/or the President.

In AC21, it was clearly specified that one can change jobs once they file for I-485. So, specifically as per the rule, and if you have smart and intelligent lawyer, you should be very well be able to continue your processing.

They think they are smart. Few months back they make a rule saying that I-140 has to be cleared to use AC21, and now they make a rule, they wont clear I-140 untill they clear I-485. They think we are stupid and we cannot understand what they are doing. They basically putting all barriers to stop us from using law made by the State.

Any court in its right mind can overturn this crap. So dont worry. If you had already completed 180 days from the time you started the processing, you should be able to use AC21.
Click to expand...


Rajeev Nair,

I have been visiting this website for more than 3 years. This is one of the good postings regarding AC21. Nair Saab, I fully agree with you. USCIS thinks that they can change rules daily and we have to wait for ever. When congress passed AC21 law, they have to simply follow that. Where in AC21 law, it says that I-140 approval is needed?

If USCIS really wants to include that "I-140 approval is needed for AC21" in the law, then let them ask congress to do that. Till that time, we can always take advantages.

nanshi.
 
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** Where in AC21 law, it says that I-140 approval is needed?


Good point!

But average lawyers don't have the skills to argue it. Get a good lawyer.
 
optimism

call me an optimist but I think they are going to make a clarification to the AC21 ruling soon...it will be applicable after 180 days of concurrent filing of I-140 & I-485 (regardless of the I-140 status). I was guessing that they discussed this in the recently concluded annual AILA conference...hopefully we will see some positive announcements by end of this week...or atleast I hope...
 
Come on.... This is no better than hallucination. Give me some solid evidence.


rahul76b said:
call me an optimist but I think they are going to make a clarification to the AC21 ruling soon...it will be applicable after 180 days of concurrent filing of I-140 & I-485 (regardless of the I-140 status). I was guessing that they discussed this in the recently concluded annual AILA conference...hopefully we will see some positive announcements by end of this week...or atleast I hope...
Click to expand...
 
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