How true is all this. Do you think the filing fee is going to increase and that one should hold on to their application till 4/30/04 and then file to qualify for the Pilot program. Also this says that both 140/485 applications have to stay together for this program, while in my case I have already filed 140 three weeks ago and am about to file 485 (after receiving the receipt for 140 last week). According to my lawyer I can only file 485 after receiving the 140 receipt.
Could anyone explain how this all is going to work out. Should I hold on for filing 485 till 4/30 or should I go ahead with it this week??
the url is - http://www.immigration-law.com/
04/17/2004: Filing Fee Increase in Time for Launch of "Concurrent I-140/I-485 Adjudications" on 04/30/2004!
- We reported earlier that the OMB received the fee increase final rule from the USCIS on March 29, 2004 for its review. OMB review normally takes upto 90 days. But unbeknownst to the public, the USCIS had certain agenda of launching the petition/adjudication processing reduction program beginning from April 30, 2004 and to meet such agenda OMB completed the review on April 12, 2004 and the final rule was published by the USCIS on April 15, 2004 on an emergency review basis. Under the final rule, the fee will go up from April 30, 2004.
- As the final rule and the USCIS announcement reflected, the fee increase was to back up its processing reduction agenda that starts on April 30, 2004. To implement this agenda, the USCIS issued a memorandum to the Service Centers on March 31, 2004 giving the Service Centers a window period of 30 days to launch the "concurrent adjudication" of concurrently filed I-140/I-485 package. Accordingly, the Service Centers will start the concurrent "adjudication" of "concurrently filed I-140/I-485 cases" from April 30, 2004. The Nebraska Service Center has already disclosed that in preparation for this change, the NSC already moved the I-140 proceesing unit to I-485 adjudication unit in March 2004. It appears from the USCIS HQ memorandum that such action has also been taken by other Service Centers by now.
- Obviously, the concurrent adjudication appears to start with the new I-140/I-485 concurrent filing cases which are received on or after April 30, 2004, even though the concurrent adjudication may reach old cases in the "unknown future." It is thus evident that those who wish to benefit from the new concurrent I-140/I-485 adjudication may hold off filing of the concurrent I-140/I-485 package until after April 29, 2004 such that they pay the new filing fees and file the cases on or after April 30, 2004. The increased fees are minimal considering the enormous benefit they will receive from the "concurrent adjudication" of I-140/I-485 filing. You'd betcha, it will be worth the money!!!
- Under the concurrent adjudication rule, I-140 and I-485 are required to stay together within the Service Centers. Currently, the concurrently filed I-140 and I-485 are split into the two different teams for separate adjudications. When it comes to the "processing times," each Service Center is required to process within their I-140 processing schedule and time. For this processing times to work, it appears that the Service Centers may initiate fingerprinting and name check clearance procedure immediately upon receiving the concurrent I-140/I-485 package. Under the Memorandum, actual adjudication will commence with a given file which received fingerprint and name check clearance completed. In other words, those cases which received such clearance will be stacked on adjudication-ready shelves which will then be assigned to the adjudicators for adjudication.
- The concurrent adjudication is limited to the concurrent filing cases. Consequently those who file I-140 alone for the consular processing or I-485 application separately from the I-140 petition will not be able to enjoy the concurrent adjudication of I-140 petition and I-485 application. Once the concurrent adjudication is in place, immigrants will have to reassess their strategies to go for consular processing over I-485 application, since the consular immigrant visa processing can take longer than I-485 application because of the rule of concurrent adjudication. Those who file I-140 petition alone may have to anticipate some delays in adjudication of their I-140 petitions.
- This concurrent I-140/I-485 adjudication move appears to be separate from the pilot 75-day or 90-day adjudication program of concurrently filed I-140/I-485 and I-130/I-485 packets at the CSC and Dallas District Office beginning from May 2004. It is obvious, though, that eventually all the concurrent adjudication cases will follow the path of these pilot program down the road, albeit not immediately. HOLD YOUR BREATH!
Could anyone explain how this all is going to work out. Should I hold on for filing 485 till 4/30 or should I go ahead with it this week??
the url is - http://www.immigration-law.com/
04/17/2004: Filing Fee Increase in Time for Launch of "Concurrent I-140/I-485 Adjudications" on 04/30/2004!
- We reported earlier that the OMB received the fee increase final rule from the USCIS on March 29, 2004 for its review. OMB review normally takes upto 90 days. But unbeknownst to the public, the USCIS had certain agenda of launching the petition/adjudication processing reduction program beginning from April 30, 2004 and to meet such agenda OMB completed the review on April 12, 2004 and the final rule was published by the USCIS on April 15, 2004 on an emergency review basis. Under the final rule, the fee will go up from April 30, 2004.
- As the final rule and the USCIS announcement reflected, the fee increase was to back up its processing reduction agenda that starts on April 30, 2004. To implement this agenda, the USCIS issued a memorandum to the Service Centers on March 31, 2004 giving the Service Centers a window period of 30 days to launch the "concurrent adjudication" of concurrently filed I-140/I-485 package. Accordingly, the Service Centers will start the concurrent "adjudication" of "concurrently filed I-140/I-485 cases" from April 30, 2004. The Nebraska Service Center has already disclosed that in preparation for this change, the NSC already moved the I-140 proceesing unit to I-485 adjudication unit in March 2004. It appears from the USCIS HQ memorandum that such action has also been taken by other Service Centers by now.
- Obviously, the concurrent adjudication appears to start with the new I-140/I-485 concurrent filing cases which are received on or after April 30, 2004, even though the concurrent adjudication may reach old cases in the "unknown future." It is thus evident that those who wish to benefit from the new concurrent I-140/I-485 adjudication may hold off filing of the concurrent I-140/I-485 package until after April 29, 2004 such that they pay the new filing fees and file the cases on or after April 30, 2004. The increased fees are minimal considering the enormous benefit they will receive from the "concurrent adjudication" of I-140/I-485 filing. You'd betcha, it will be worth the money!!!
- Under the concurrent adjudication rule, I-140 and I-485 are required to stay together within the Service Centers. Currently, the concurrently filed I-140 and I-485 are split into the two different teams for separate adjudications. When it comes to the "processing times," each Service Center is required to process within their I-140 processing schedule and time. For this processing times to work, it appears that the Service Centers may initiate fingerprinting and name check clearance procedure immediately upon receiving the concurrent I-140/I-485 package. Under the Memorandum, actual adjudication will commence with a given file which received fingerprint and name check clearance completed. In other words, those cases which received such clearance will be stacked on adjudication-ready shelves which will then be assigned to the adjudicators for adjudication.
- The concurrent adjudication is limited to the concurrent filing cases. Consequently those who file I-140 alone for the consular processing or I-485 application separately from the I-140 petition will not be able to enjoy the concurrent adjudication of I-140 petition and I-485 application. Once the concurrent adjudication is in place, immigrants will have to reassess their strategies to go for consular processing over I-485 application, since the consular immigrant visa processing can take longer than I-485 application because of the rule of concurrent adjudication. Those who file I-140 petition alone may have to anticipate some delays in adjudication of their I-140 petitions.
- This concurrent I-140/I-485 adjudication move appears to be separate from the pilot 75-day or 90-day adjudication program of concurrently filed I-140/I-485 and I-130/I-485 packets at the CSC and Dallas District Office beginning from May 2004. It is obvious, though, that eventually all the concurrent adjudication cases will follow the path of these pilot program down the road, albeit not immediately. HOLD YOUR BREATH!