'concurrent judication' soon implemented but does no good to the already filed cases

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PhillyJulyLC

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Excerpted from a report on immigration-law.com:

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." ...
 
Here is the complete piece:


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!

Source:
http://www.immigration-law.com
 
hrithikroshan11,

Too early to comment on anything. But I know one person who applied 140/485/EAD/AP from NSC and he got EAD in less that 2 months followed by FP date! This means something is being done for sure. What surprised me is that his ND is in Feb 2004. So I wonder if it is just luck for him alone!
 
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Originally posted by hrithikroshan11
How much do you believe in this report? This news appears only on this site and under canada.html

Is there any credibility to this report? Will all cases filed CONCURRENTLY at ALL service centers after 04/30/2004 be adjudicated within 90 days?

Can anyone confirm this news report? Can we call someone who can confirm this report?
Click to expand...
No, this is a different program from so-called 'pilot program' to be implemented by CSC and Dallas center. It means all service centers will take a new approach in processing I-140/I-485 - "Concurrently" instead of seperately as they are doing right now. Supposedly this new approach will save processing time significantly. Btw as far as I am concerned immigration-law. com is a pretty reliable source.
 
Originally posted by hrithikroshan11
Thanks Philly and Jharkhandi,

does it apply only to newly filed concurrent cases or they might extend it to old cases also?

by concurrent do they mean 140 and 485 filed together or will they include 140 filed first and then 485 filed two weeks later?
Click to expand...

My understanding is that 140/485 filed together and new cases only.
 
By reading between the lines (PDF document from the link above), I do infer the same points that were put down on www.immigration-law.com

I also don't think USCIS will openly come out and declare that its gonna speed up the 140/485 applicaitn processing by X days/months. But, am glad they did agree they have some ideas/implementation plan in store which they want to unleash alongside the fee increase...

My interpretation is though they are not going to show us miracles, they defintely are gonna make the process slightly faster/better due to the fee increase thats gonna take effect end of this month..
 
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The way things are moving - it looks promising. I have a feeling that next three months will be very crucial for 140/485 cases. I will not be surprised to see some good movement in dates in coming days.

hrithikroshan11 - wait 2 more weeks - you will be clear on this issue.

It is a welcome move if everyone benefits.
 
Originally posted by hrithikroshan11
How much do you believe in this report? This news appears only on this site and under canada.html

Is there any credibility to this report? Will all cases filed CONCURRENTLY at ALL service centers after 04/30/2004 be adjudicated within 90 days?

Can anyone confirm this news report? Can we call someone who can confirm this report?
Click to expand...

I thought that accelerated processing wasn't going to apply to any employment-based cases? At least that was my understanding up to now...

ETA
 
Originally posted by ETA-GC
I thought that accelerated processing wasn't going to apply to any employment-based cases? At least that was my understanding up to now...

ETA
Click to expand...

Interesting. But report does not excludes EB category atleast as presented.
 
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