Concurrent I-140/I-485 processing date (TSC)

[rgeneblazo]

My lawyer made an inquiry with the Texas Service Center about my I-140 petition, filed concurrently with I-485, RD 05/09/2003, ND 05/12/2003.
Here's the email from her:

"Yes, we have heard from the service center regarding the status of your I-140 petition. According to them, they are sending the I-140's out with the I-485 approvals, if filed concurrently. Due to this, the processing day to go by is the one on the I-485 receipt notice of 999 days and not the one on the I-140 receipt notice. "

 

[rgeneblazo]

I sent the lawyer an email to know if TSC specifically said that the I-140 processing date follows I-485's (999 days), or it's her interpretation. Hopefully, it's the latter. Will keep you posted.

 

[rgeneblazo]

Got the email from the lawyer:

"They confirmed that the I-140 approvals are sent out with the I-485 approvals, if filed concurrently."

At least I know that TSC did not categorically said about the I-485 processing date and the latter statement (from the previous post) was my lawyer's interpretation.

 

[PoorMan]

Got the email from the lawyer:

"They confirmed that the I-140 approvals are sent out with the I-485 approvals, if filed concurrently."

At least I know that TSC did not categorically said about the I-485 processing date and the latter statement (from the previous post) was my lawyer's interpretation.

If they do this, it is against the directive by Fujie Ohata, the director of service center operations. I think that it is partly the immagination of your lawyer. A few weeks ago, I saw something in immigration.com (http://www.immigration.com/newsletter1/tsc04804.html) regarding such cases in TSC and there they follow the Ohata memo.

 

[best_hope]

I got the same answer from attorney who made inquire to TSC yesterday.
"If filed concurrently, will being processed concurrently; the I-140 and I-485 are being processed based on the I-485 receipt notice date"
Any new rules apply by TSC, any official statement made for this? Anyone knew?

 

[PoorMan]

I got the same answer from attorney who made inquire to TSC yesterday.
"If filed concurrently, will being processed concurrently; the I-140 and I-485 are being processed based on the I-485 receipt notice date"
Any new rules apply by TSC, any official statement made for this? Anyone knew?

I am in the same boat as you are. The memo is very clear and specific about processing concurrent I-140s by I-140 processing dates, NOT I-485 processing dates. After all, we saw quiet a few concurrent approvals in past couple of months way before I-485 time and close to I-140 time. When I asked my lawyer to run a query, he told me the same thing without sending a query. However, when I questioned him about the Ohata memo and recited the memo for him he agreed to send the query. I could corner him in incompetance of not reading such an important memo. Don't forget the fact that we are dealing with lawyers here. Always do your home work before talking the lawyers.

 

[best_hope]

Poorman,
what are you going to do about this?
I am going to write letter to Fujie Ohata, Senator and Congressmen for this.
Need some actions, not just wait.

 

[PoorMan]

Poorman,
what are you going to do about this?
I am going to write letter to Fujie Ohata, Senator and Congressmen for this.
Need some actions, not just wait.

Ok, I got my employer to send the first query and the lawyer will send the second query by mid September. I told my lawyer that I expect a lawyer in him who can argue things, not a form filler. If nothing happens then I'll try to do the same as you are (I already have letters drafted and looking for Ohata's contact information).

 

[wdwlvnc]

To my knowledge and the various websites I read, 140/485 concurrent filers will follow the 140 processing date and not 485 date according to the memo. And the FP notice will be sent nearing 140 adjudication. This is a new one for me. Why different instruction for TX?