Bye Bye... Concurrent Adjudication of 140/485

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will_get_there

Registered Users (C)
AILA has reported that the USCIS issued a memorandum to the Service Centers to terminate the concurrent adjudication of I-140 and I-485 application practice immediately. This is a wonderful news in a number of respects, particularly for the customers of Nebraska Service Center and Texas Service Center which have been adhering to the concurrent adjudication policy unlike VSC and CSC. Firstly, the adjudication of I-140 petition will start moving on as they are now freed from the state of hostage from concurrently filed I-485 application processings. Secondly, since it has decided to adjudicate I-140 independently as separate from the concurrently filed I-485 applications, people may witness some improvement in I-140 processing times, helping those who need to change employment under AC 21 180-day rule. Unless the concurrent adjudication policy is cancelled, those Indians, Chinse, and Philippines professionals who filed the concurrent I-140 and I-485 packet and their I-140 petition remain unadjudicated as of the end of December 30, 2004, would have experienced a nightmare for not being able to change employment even under the compelling circumstances. In this regard, this is particularly important for the Indians, Chinese, and Philippines nationals who will face EB-3 visa number retrogression on January 1, 2005 in that they have a better chance to survive in the green card journey.
Caveat: This policy change does not change its current policy of "concurrent I-140/I-485 filing" which will continue unless it is changed in the future.

(Source : Breaking news on www.immigration-law.com)
 
Yes it is bad news for all those filers who have 140 approved very recently and are waiting for 485 approvals. Also it is bad news for those concurrent filers who would be approved very soon like myself, GCHunger, GCDays etc. Now we cannot get our 485s approved with 140 and will have to wait may be a year or 2 after 140 :mad: :mad:

Instead of completely terminating concurrent filing what USCIS should have done is to pick up cases filed concurrently and see if 140 and 485 can be approved together, if yes , go ahread and approve it, if no, see if 140 alone can be approved, if yes, approve 140 and put 485 in queue.

USCIS top officers are like those goverment babus who just want to take decisions which are simple to implement even if they are inconvenient to applicants.
 
Not sure how this website coined this as good news, since all indications showed that 485 processing was speeding up to match 140 timelines, very few examples, if any, to say 140 processing was being held up for 485s. So terminating this practice isn't going to help 140 processing, but it will hurt 485 processing a lot. AILA has still not said anything on their website, so I'm hoping somehow this isn't entirely true.
 
Just talked with my attorney, here is what his version of the news.

USCIS did not publish the notice yet and hence it is not totally clear as to what the actual content is. But, here is what the impact going to be.

1. To reduce the backlogs, USCIS has introduced concurrent adjudication. And they have see a very good progress.

2. For last 8 months (since concurrent adjudication policy has been issued), many of the available visa numbers have been already used. And hence USICS introduced retrogression to make the visas avaialble to those who applied earlier than Jan,2002.

3. If concurrent adjudication is not stopped, there is no way to stop issuing the visas for recently applied I485s. Concurrent adjudication will STOP until all I485s with PD's prior to Jan,2002 are adjudicated.

In his opinion, once the processing times for all applications fit into 180 days, all regulations would go back to normal.

If what my attorney said is right, I think I am still on safe side. I could expect my approvals in next 2 months.

hope for the best.
 
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Vanguru,

I am not sure what are you trying to say :confused:

For people whose PD is after Jan'02, and who have filed concurrently and whose 140 is not approved, this is a good news since now they can get their 140 approved and wait for PD to become current but can use AC21 procisions to change jobs.

This is bad for people whose PD is before jan'02 and should have otherwise gotten their GC soon. Now they will have to wait due to some bunch of nuttheads decided this is best way to allow AC21 and Concurrent Filing to co-exist.
 
will_get_there is right. All EB3 applicant's who's priority date is later than Jan 2002 will benefit from this memo since atleast the I-140 will be adjudicated allowing for AC-21 to kick in.
 
will_get_there,

I agree with you.

good or bad news depends on what you are expecting fro USCIS.

If you are expecting only I140 to be approved, so that you could change the job using AC21, then this change is good news. You will get your I140 quick. But you have to wait for another 1 or 2 years for your 485.

If you are expecting I140 and I485 (green thing), then it is bad news. Because, with concurrent processing, we would get the approvals any time as our I140 processing time is very close to posted processing times. (I140 posted processing time decides your concurrent adjudication)

let us wait and see for USCIS to publish the notice.
 
I pray my finger print notice will come soon

I wish my finger print done, name cleared when they adjudicate my 140/485. I am getting crazy to wait another 2 years to get my gc :(
 
Totally agreed with will_get_there,

CIS is like a big flip-flopper. we are all screwed.
With PERM comming in, EB2 may follow EB3 into retrogression. And EB3 will retrogress even more before seeing any improvement.

We are not talking about another 1 or 2 years here!

For CIS, they can still claim they finish all cases in 180 days, even when we are suffering.

The whole retrogression thing is a big hoax for their backlog reduction plan.

It is a totally different game now!

nextgen :mad:


will_get_there said:
Yes it is bad news for all those filers who have 140 approved very recently and are waiting for 485 approvals. Also it is bad news for those concurrent filers who would be approved very soon like myself, GCHunger, GCDays etc. Now we cannot get our 485s approved with 140 and will have to wait may be a year or 2 after 140 :mad: :mad:

Instead of completely terminating concurrent filing what USCIS should have done is to pick up cases filed concurrently and see if 140 and 485 can be approved together, if yes , go ahread and approve it, if no, see if 140 alone can be approved, if yes, approve 140 and put 485 in queue.

USCIS top officers are like those goverment babus who just want to take decisions which are simple to implement even if they are inconvenient to applicants.
Click to expand...
 
Wonderful News for who #%$@!!

I think there is some confusion going on here. My understanding is that AC21 could only be used after 6 months of pending AOS. So even if I-140 is approved, AC21 cannot be used without current priority date (PD). It is risky to assume that concurrent cases with pending "pipe line I 485s" (defined by UCIS as cases received before December 30, 2004, but later affected by regression) will benifit from AC21.

From UCIS memo section (3a)&(3b) cases not affected by regression will still may benefit from concurrent approval although I140 approval is not dependent on the rediness of the I-485. It is not clear from the memo how service centers will copy this. Hopefully they will maintain the concurrent system for the cases not affected by regression.

Another thing to note is that this is a logical step for UCIS. Obviously, concurrent processing cannot apply for cases affected by regression.

Finally, on a seperate note, I wonder why UCIS need forms I140 and I485. Can't they combine them into one and reduce the paper work and time. ( Most of the personal information is repeated on both). There could be a seperate form for counselor processing. But then again this may reduce their revenue !!!

( I am not a Lawyer....)



vangaru said:
will_get_there,

I agree with you.

good or bad news depends on what you are expecting fro USCIS.

If you are expecting only I140 to be approved, so that you could change the job using AC21, then this change is good news. You will get your I140 quick. But you have to wait for another 1 or 2 years for your 485.

If you are expecting I140 and I485 (green thing), then it is bad news. Because, with concurrent processing, we would get the approvals any time as our I140 processing time is very close to posted processing times. (I140 posted processing time decides your concurrent adjudication)

let us wait and see for USCIS to publish the notice.
Click to expand...
 
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Dear helping forum guys, I am totally confused with all this AOS AC21 etc and also the new retrogress dates. Can anyone through some suggestion on my case.
My labor filed Feb 2002 AD Jan 2003
I140 and I485 - March 2003
First Finger print-- May 2003
second Finger print--Dec 14 2004
I765 and I131 applied for second.
I140 AD????? :confused:
I485 AD????? :confused:

Company is in stake of selling out and also job in stake.

Please throw some suggesttion how I should proceed.
 
To HonestGC

You are affected by retrogression and Cancelling concurrent adjudications.
Actually they were supposed to approve ur case within couple of weeks if above two things has not been happened.
There is a possiblity that your I-140 adjudicated soon.

Scenarios
1:U may get I-140 before loosing job.U can use Ac21.
2:U may loose job before 140 approval.You can unofficially switch job
provided your present company doesnt revoke 140.
In this case if USCIS doesn't issue rfe on 140 you are ok.once your 140
approved you can swithc to other company officially using ac21.
If any RFE on 140 you are in trouble.
3.You are with the present company and company is bad then If any rfe on
140 you are in trouble.

Advice: Wait and see
PS: if buying company is good they can file 140 amendment and you are fine with that.
 
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Thanks a lot Kandyala, Your points really valid and I am sure my attorney would'nt have given me this explaination. Hope we all get it soon.
 
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