Concurrent filers: Is this your fate?

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aws

Registered Users (C)
Folks,

I had tried to seek an assistance of local congressman in my I-140 case.

Here's what Shawn Allen (Congressional Liaison, USCIS-NSC) replied to my query:

"CIS records indicate that this case (i.e., my I-140 appl.) was filed concurrently with I-485. Currently, we are not adjudicating concurrent cases as we are currently working to reduce I-140 backlog ( :eek: ); we will begin adjudicating these type of cases once the I-140 processing times are current with concurrent filing receipt dates" (what does this mean :confused: )
On reading the abov, I concluded the following:

1) Do not expect to hear on your concurrent filed I-140 for next 4-6 months.
2) Down the line, when your I-140 gets approved, probability is that I-485 may be approved soon.

What is your take?
 
what the hell kind of excuse is that? CIS is trying to reduce the I-140 backlog by not processing I-140's???? Are the files supposed to process themselves after a long wait? As far as I'm concerned, there's no backlog in non-concurrent I-140's. People are getting approvals in a month or two.
If they meant the I-485 backlog, then we're screwed. Should've done CP.
Should've, would've, could've...
 
aws,
don't give up, contact senator's office.
my attorney made inquiry to TSC, got the same answer as you did.
my concurrent 140/485 to TSC, RD may 2003, FP will expire in 4 weeks.
contacted senator's office last month, they called TSC, don't know the result yet, nothing changed so far, but they told me will look my file.
 
aws,

I think, they made a typo...It should be "I485 backlog", not "I140 backlog" when they talk about concurrent processing. You could see the same statment from one of the NSC update.

If I remember correctly, NSC stopped processing I140 cases starting from July 2003 applicants. So we need to wait until NSC completes all I485 approvals till June 2003.
IMHO, I don't think it's going to take forever since NSC moved all family based cases to CSC/TSC...so we will see more approvals before Dec 2004.
 
Hi all, I agree with the previous post. This does jeopardise our cases. It is interesting to note how the bcis defines backlog. The basic assumptions here are

1. The bcis will be able to process the queue faster than realtime. i.e. If the backlog is two years, bcis will be able to process this queue in less than 2 years. On the other hand if it ends up taking two years to process a queue which is two years long, and doing nothing better in the process but dig itself into a deeper hole, all of us are affected.
2. It should be obvious to anyone with common sense (not the bcis of course) that if the rate of build-up of the queue is greater than the rate of processing, the length of the queue should keep increasing. Here is where I am missing something. By not processing the 140s the bcis is building itself a queue buffered by our current waiting time. So not only does the bcis have to work hard to reduce backlog, it also has to continue working "harder" to catch up with our cases.

Any comments ?
 
aws said:
Folks,

I had tried to seek an assistance of local congressman in my I-140 case.

Here's what Shawn Allen (Congressional Liaison, USCIS-NSC) replied to my query:

"CIS records indicate that this case (i.e., my I-140 appl.) was filed concurrently with I-485. Currently, we are not adjudicating concurrent cases as we are currently working to reduce I-140 backlog ( :eek: ); we will begin adjudicating these type of cases once the I-140 processing times are current with concurrent filing receipt dates" (what does this mean :confused: )
On reading the abov, I concluded the following:

1) Do not expect to hear on your concurrent filed I-140 for next 4-6 months.
2) Down the line, when your I-140 gets approved, probability is that I-485 may be approved soon.

What is your take?
Click to expand...
My understanding is that concurrent I-140/I-485 RDs should coincide (be aligned) with stand-alone I-140 RDs. The processing date for I-140s at NSC is still September 15th 2003. So one should expect that all concurrent applications with RD of September 15th and before that date, are being processed now (but not necessarily adjudicated, because every applicant has specific situation in view of dependents, name check complications, a variety of possible RFEs). So we should watch the advance of I-140 processing date. We should not watch the stand alone I-485 processing date at all (which is scarry anyway).
The fact that we have seen some exceptions of I-140 approvals, and even a few concurrent I-140/I-485 approvals with much later RDs than September 15 2003, both here and at rupnet, means absolutely nothing, and we should forget about those too, for the majority of applicants will not be that lucky. Now NSC is almost 1 year behind with I-140s - so for us concurrent filers it also means that we are 1 year behind, and not 2 years or more as we will be if CIS follows the stand alone I-485 RDs only. The problem emerges with those who wish to change the job while waiting (only then the aligning of concurrent I-140 with the stand alone ones can be tricky).
I think that it is what Ohata memo is all about, and it is in agreement with the reply your congressman has got - on the other hand the incompetent customer service at USCIS is making a confusion only with their contradictory info about any procedure, not only the concurrent filing.
 
stonewall, you are absolutely right.
I have been thinking about the same theory, but you really expressed it well. :)
 
aonflux said:
stonewall, you are absolutely right.
I have been thinking about the same theory, but you really expressed it well. :)
Click to expand...
yes - in theory! We should watch if the next NSC processing web update moves on from September 15 2003. If it does not - it would mean they are still working on pre-September 15 backlog. If it changes into another date, it would be a sign the things are beginning to go more smoothly and we will be able to predict with more accuracy how long it will be before it's our turn. It is at least 1 year right now (counting from RD filed at any time after 09/15/03 ) - later on it could be less, and I certainly hope it will not be more than that.
 
Forum ..
IMHO , the dates hav e been there for last couple of months.Unless the group and the filers in NSC get active and start lobbying things are not going to move. Remember the its the politics of lobbyist.The stronger lobbying you do , the more the law go in your favors. So i think its time people start some movement in regards to that. The petition is the first place to start,but it shouldn't be left at that..
 
This has been a intersting thread.My filing date is Nov 2003.stonewall your thoery about us looking at 140 timings (Sep 15)is a old theory and is what has been mentioned in the Ohato memo alongwith the fact that concurrent filing applications will get precendence over non-concurrent applications.This is what these guys say but then what do they do....Shutdown concurrent processing and move all resources to 485 processing.The result, 485 line starts moving fast(See the approvals from May to Aug) and 140 concurrent applications ground to a absolute standstill resulting in a huge mess especially FOR THOSE WANTING TO USE AC21.
Now I am afraid that we have to look at the possibility of 485 dates catching up with Sep 15 ,2003 date which is going to take a eternity.Meanwhile people will keep losing jobs and jump without 140 approval.Already I know so many people who have done that and there are many others who will follow as time passes.I do not think that as such cases increase USCIS can look the other way but then USCIS is a whole different animal....
 
I don't think they plan on catching up with Sept 15'03 dates. I think maybe Jan'03 by the end of Sept 04. Optimistic? Thats me! :)
 
anirudh74 said:
This has been a intersting thread.My filing date is Nov 2003.stonewall your thoery about us looking at 140 timings (Sep 15)is a old theory and is what has been mentioned in the Ohato memo alongwith the fact that concurrent filing applications will get precendence over non-concurrent applications.This is what these guys say but then what do they do....Shutdown concurrent processing and move all resources to 485 processing.The result, 485 line starts moving fast(See the approvals from May to Aug) and 140 concurrent applications ground to a absolute standstill resulting in a huge mess especially FOR THOSE WANTING TO USE AC21.
Now I am afraid that we have to look at the possibility of 485 dates catching up with Sep 15 ,2003 date which is going to take a eternity.Meanwhile people will keep losing jobs and jump without 140 approval.Already I know so many people who have done that and there are many others who will follow as time passes.I do not think that as such cases increase USCIS can look the other way but then USCIS is a whole different animal....
Click to expand...

Yes I said in my earlier mail that it is a mess primarily for people wishing to move to another job. But I think that they (NSC) are really following stand-alone I-140 RDs not the stand-alone I-485s. I bet you are getting your GC before this New Year (I've seen your RD) - let's see!!!
 
Stop guessing and face the reality

Stop guessing and face the reality.

NSC claimed clearly in pure and straight English that they are not processing concurrently filed 140s. This has been well documented and elaborated on several immigration sites. Which part of the statement don't you understand?


You can either continue hoping NSC will all of a sudden morph into a savior or you can go sign up the petition.
 
inkink said:
Stop guessing and face the reality.

NSC claimed clearly in pure and straight English that they are not processing concurrently filed 140s. This has been well documented and elaborated on several immigration sites. Which planet do you guys live on?


You can either continue hoping NSC will all of a sudden morph into a savior or you can go sign up the petition.
Click to expand...

Nobody is saying NSC processes concurrently filed I-140s (why they would be called concurrent in that case - yes I know they used to follow the old routine : first I-140 then I-485 etc.). NSC is processing stand-alone I-140s on or before September 15 2003. It will start processing concurrent applications I- 140s TOGETHER with I-485, once the concurrent RD start aligning with current I-140s. See this from Rajiv Khana's newsletter 8/26/2004 (http://www.immigration.com/newsletter1/nsc26804.html):

"Concurrently filed I-140/I-485

The time frame for concurrent 140/485 adjudications will not be the same current processing time for stand – alone employment-based I485s at NSC. The center is however working to align the concurrently-filed I-140/1-485 processing times with the stand-alone I-140 processing times.

The I-140/I-485 filing will be considered ready for adjudication when security checks, A-file consolidations, and any other required processing on the I485 have been completed. This relates to those concurrently-filed I-140s that had not been sent for adjudication at the point that the Fujie Ohata’s memo dated March 31, 2004 went into effect. Please check this link for more information on this memo. http://www.immigration.com/newsletter1/servcenterinstoni140i485.pdf"
 
Excuse my language but Stonewall you gotta be draming if you believe they are "processing stand-alone I-140s on or before September 15 2003". Stand-alone cases get done in about a month these days. Haven't you read about it? If you believe the paragraph you quoted, then maybe you can explain to me what does "It will start processing concurrent applications I- 140s TOGETHER with I-485, once the concurrent RD start aligning with current I-140s" mean. What is "current I-140"? When stand-alone cases from last month are getting approved, what on earth does that friggin' September 15 2003 date mean?

I know most of you guys here have at least a MS degree, or at least a BS in a technical ground. So maybe you could explain to me how you interpret the friggin' statements in a logical way.

stonewall said:
Nobody is saying NSC processes concurrently filed I-140s (why they would be called concurrent in that case - yes I know they used to follow the old routine : first I-140 then I-485 etc.). NSC is processing stand-alone I-140s on or before September 15 2003. It will start processing concurrent applications I- 140s TOGETHER with I-485, once the concurrent RD start aligning with current I-140s. See this from Rajiv Khana's newsletter 8/26/2004 (http://www.immigration.com/newsletter1/nsc26804.html):

"Concurrently filed I-140/I-485

The time frame for concurrent 140/485 adjudications will not be the same current processing time for stand – alone employment-based I485s at NSC. The center is however working to align the concurrently-filed I-140/1-485 processing times with the stand-alone I-140 processing times.

The I-140/I-485 filing will be considered ready for adjudication when security checks, A-file consolidations, and any other required processing on the I485 have been completed. This relates to those concurrently-filed I-140s that had not been sent for adjudication at the point that the Fujie Ohata’s memo dated March 31, 2004 went into effect. Please check this link for more information on this memo. http://www.immigration.com/newsletter1/servcenterinstoni140i485.pdf"
Click to expand...
 
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