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Clarification on Con-current
- Thread starter chinChin
- Start date
goose_doodle
Registered Users (C)
In my opinion both the cases are of concurrent filing. If you read the INS memo, it says any 485 case that is filed after July 2002 without I-140 approval falls into this category. Even cases for which I-140 was filed prior to July 2002 got this status when I-485 was filed without 140 approval.
Originally posted by goose_doodle
In my opinion both the cases are of concurrent filing. If you read the INS memo, it says any 485 case that is filed after July 2002 without I-140 approval falls into this category. Even cases for which I-140 was filed prior to July 2002 got this status when I-485 was filed without 140 approval.
Where is this memo? My 140 and 485 were filed a month apart and my laywer also mentioned it that my case will be considered concurrent according to numerous memos.
joyd.
AllIAskedWas1GC
Registered Users (C)
Do I understand concurrent correct?
After reading the memo and the following point:
"For the purpose of implementing this memo - concurrent filing means any I-140/I-485 filed at the same time or a subsequent I-485 filing pursuant to a pending I-140 if no adjudicative action has been taken on the I-140."
I understand that:
Concurrent:
1. If 485 is filed after 140 and no decision has been taken on 140 yet then the case is considered concurrent.
2. If 140/485 are filed on the same date then obvisouly it is concurrent.
Standalone:
1. If 485 is filed after 140 BUT 140 has been touched (like RFE or approved) then the case is not concurrent.
2. If 140 was first applied and was approved and then 485 was filed then the case is not concurrent.
Any different thoughts on this or still we have some confusion on the concurrent issue.
Thanks.
After reading the memo and the following point:
"For the purpose of implementing this memo - concurrent filing means any I-140/I-485 filed at the same time or a subsequent I-485 filing pursuant to a pending I-140 if no adjudicative action has been taken on the I-140."
I understand that:
Concurrent:
1. If 485 is filed after 140 and no decision has been taken on 140 yet then the case is considered concurrent.
2. If 140/485 are filed on the same date then obvisouly it is concurrent.
Standalone:
1. If 485 is filed after 140 BUT 140 has been touched (like RFE or approved) then the case is not concurrent.
2. If 140 was first applied and was approved and then 485 was filed then the case is not concurrent.
Any different thoughts on this or still we have some confusion on the concurrent issue.
Thanks.
Last edited by a moderator:
from Immigration.com new flash
I hope this should solve the confusion!!!of concurrent
Are the instructions equally applicable to concurrently filed cases that are currently in pipeline and not yet adjudicated with respect to the March 31, 2004 interoffice memo.
The recent memo would apply to concurrently filed I-140/I-485 cases that are n the centers adjudication pipeline that is if there has been no adjudicative action regarding the I-140. If the center has already adjudicated the I-140, the memo would not apply.
One Processing Time Report date for I-140s filed as stand alone and concurrent filings
According to the center there would be one PTR date for I-140s filed as stand alone and concurrent filings. But, if the case is a concurrent filing, the I-140/I-485 packet will be pulled when the I-485 is adjudication ready regardless of the fingerprints and/or name checks have cleared. If the I-485 is not adjudication ready, the I-140 will not be pulled for adjudication based on the I-140 processing date.
With respect to the March 31, 2004 memo if an I-140 is filed on April 27, 2004 and the I-485 is filed on May 20, 2004, under the concurrent filing regulations is this filing series ?
For the purpose of implementing this memo - concurrent filing means any I-140/I-485 filed at the same time or a subsequent I-485 filing pursuant to a pending I-140 if no adjudicative action has been taken on the I-140.
I hope this should solve the confusion!!!of concurrent
Are the instructions equally applicable to concurrently filed cases that are currently in pipeline and not yet adjudicated with respect to the March 31, 2004 interoffice memo.
The recent memo would apply to concurrently filed I-140/I-485 cases that are n the centers adjudication pipeline that is if there has been no adjudicative action regarding the I-140. If the center has already adjudicated the I-140, the memo would not apply.
One Processing Time Report date for I-140s filed as stand alone and concurrent filings
According to the center there would be one PTR date for I-140s filed as stand alone and concurrent filings. But, if the case is a concurrent filing, the I-140/I-485 packet will be pulled when the I-485 is adjudication ready regardless of the fingerprints and/or name checks have cleared. If the I-485 is not adjudication ready, the I-140 will not be pulled for adjudication based on the I-140 processing date.
With respect to the March 31, 2004 memo if an I-140 is filed on April 27, 2004 and the I-485 is filed on May 20, 2004, under the concurrent filing regulations is this filing series ?
For the purpose of implementing this memo - concurrent filing means any I-140/I-485 filed at the same time or a subsequent I-485 filing pursuant to a pending I-140 if no adjudicative action has been taken on the I-140.