Posting portion of Murthy Bulliten regarding faster I485 Approvals. So folks don't lose hope ( well .. it is kind a ironic isn't wrt CIS). recently there was post on Vermont I485 forum about person with ND Feb 03 got apporved.
So as we all know nothing is consitent wrt to USCIS. One never knows who will hit the jackpot. But My gut tells me that this time there will be more no of ppl who will hit the shall we say lucky draw.
Creteria
1. Concurrent filing in 2003 (doesn't matter same day or gap of few weeks to few months and both apps pending,there may be cases where I140 got approved and they might act on I485 which is very unlikely) or may be in 04 which is very unlikely
2. FP done
3. FBI name check and USCIS name check done.
So sit tight the enjoy the show..
1. I-485 Processing Times Vary
Regular MurthyDotCom and MURTHYBULLETIN readers are aware that, as of April 30,
2004, the USCIS Service Centers changed the manner in which they process
concurrently filed I-140/I-485 cases. Essentially, in an effort to increase
efficiency, the I-140 petition and the I-485 application will be adjudicated
concurrently if filed concurrently. Previously, the two forms were adjudicated
at the Service Centers on separate tracks, at separate times, by different
examiners or adjudicators. More information on this new procedure is available
in our April 23, 2004 MURTHYBULLETIN article, "New Procedures for Concurrently
Filed I-140/I-485 Cases" <http://www.murthy.com/news/n_newpro.html>, available
on MurthyDotCom.
Recent Approvals at Our Law Firm
We at The Law Office of Sheela Murthy, P.C. have been closely watching the
approvals and transfers in our I-485 cases to discern any pattern or change as a
result of the new adjudication procedures. At this early stage, less than a
month after the changes were put into place, we can see that something is
happening, but hesitate to confirm that it is an established pattern. The dates
of the I-485 approvals have become far more random and irregular than we
previously experienced. Readers should be mindful that we are reporting about
only a handful of cases, and that the ultimate outcome of the new procedures is
still to be seen. These examples are not meant to show reliable processing
times. It is unlikely that the National Customer Service Center (NCSC) will use
anything other than the USCIS reported "processing times"
<https://egov.immigration.gov/cris/jsps/index.jsp>, to determine whether
questions about the status of a case should be forwarded to someone beyond the
frontline responder at the NCSC.
Below, we outline the updates on the USCIS Service Centers in alphabetical
order:
California Service Center
The California Service Center (CSC) is part of both the new processing
procedures and a pilot program designed to speed adjudications. See our April 9,
2002 article, "CSC Pilot Program on Concurrent Adjudications"
<http://www.murthy.com/news/n_cscpil.html>, available on MurthyDotCom. We
received an approval last week for a case that was filed almost a year after the
posted CSC processing dates. While the CSC reports a current processing date for
employment-based I-485s of March 1, 2002, the approval we received in mid-May
2004 was for a case that was filed in February 2003.
Nebraska Service Center
The most recent case approval we received from the Nebraska Service Center was
directly on target with their posted processing dates. The case was approved on
May 14, 2004 and had been filed in December 2001.
Texas Service Center
We have not seen any approvals from the Texas Service Center (TSC) that seem to
be out of the ordinary order. The action we are seeing on TSC I-485 cases,
however, follows a long period of almost total stagnation. Recently we received
a few Requests for Evidence (RFEs), which indicate that the cases are being
reviewed. The most recent approval we received was dated May 3, 2004 for a case
filed March 1, 2002. This is about two months ahead of the published processing
times of January 1, 2002.
Vermont Service Center
Our Vermont Service Center (VSC) cases are showing an impressive movement. The most recent approval was issued on May 18, 2004, for a case filed just one year earlier, on May 25, 2003. This is a significant variance from the published times, which in recent months have reflected a processing time of about 18 months. The published processing date when this case was approved was February 15, 2002. Of course, there are I-485 cases that we filed before that date that remain yet been approved or even scheduled for an interview at the local USCIS District Office.
In addition, several cases were transferred for interview at the local office
well in advance of the anticipated processing dates. The transfers coincided
with the I-140 approvals. In those cases, the I-485s were only filed quite
recently; about 6-8 months ago. The I-140s were filed a bit before the I-485s in these cases.
Plan for Faster I-485 Approvals
These changes may indicate that, in the near future, we will notice faster
I-140/I-485 processing times. This is something that would be enormously
beneficial to many. What appears to be happening is that some cases are being
processed much more quickly than the published processing times, while other
cases are taking longer than the published processing times.
Marriage and Faster I-485 Approvals
These recent developments are important to anyone planning important life
events, such as a marriage or a job change, around the slow green card
processing times. With respect to marriage, in order to have one's spouse
included as a derivative beneficiary in an employment-based green card case, the
marriage must occur before the I-485 is approved. In the past, people often
planned weddings around the official processing timeframes provided by the
USCIS. Now, with the processing times being so uncertain, wedding dates may need
to be moved up to avoid serious delays or problems in bringing the new spouse to
the U.S. on dependent status.
Job Changes and Faster I-485 Approvals
Additionally, people often try to plan job changes and the use of AC21
portability around the processing times. They want to attempt changing jobs
after they become AC21 eligible, but before the I-485 is approved. This option
may become far less certain. If processing times improve considerably, AC21 may
not be available under law and may even become unnecessary in most cases.
We will continue to monitor the progress of our I-485 cases at The Law Office of
Sheela Murthy and will report any interesting developments. On the one hand, it
is good news that cases may be processed faster in the future. On the other
hand, some people may find it frustrating that they have waited so many years
while others are getting their cases approved more quickly. We understand that
there will be a transition period for this new system, but we expect that
efforts will be made at USCIS to work toward processing cases in the order of
filing.
So as we all know nothing is consitent wrt to USCIS. One never knows who will hit the jackpot. But My gut tells me that this time there will be more no of ppl who will hit the shall we say lucky draw.
Creteria
1. Concurrent filing in 2003 (doesn't matter same day or gap of few weeks to few months and both apps pending,there may be cases where I140 got approved and they might act on I485 which is very unlikely) or may be in 04 which is very unlikely
2. FP done
3. FBI name check and USCIS name check done.
So sit tight the enjoy the show..
1. I-485 Processing Times Vary
Regular MurthyDotCom and MURTHYBULLETIN readers are aware that, as of April 30,
2004, the USCIS Service Centers changed the manner in which they process
concurrently filed I-140/I-485 cases. Essentially, in an effort to increase
efficiency, the I-140 petition and the I-485 application will be adjudicated
concurrently if filed concurrently. Previously, the two forms were adjudicated
at the Service Centers on separate tracks, at separate times, by different
examiners or adjudicators. More information on this new procedure is available
in our April 23, 2004 MURTHYBULLETIN article, "New Procedures for Concurrently
Filed I-140/I-485 Cases" <http://www.murthy.com/news/n_newpro.html>, available
on MurthyDotCom.
Recent Approvals at Our Law Firm
We at The Law Office of Sheela Murthy, P.C. have been closely watching the
approvals and transfers in our I-485 cases to discern any pattern or change as a
result of the new adjudication procedures. At this early stage, less than a
month after the changes were put into place, we can see that something is
happening, but hesitate to confirm that it is an established pattern. The dates
of the I-485 approvals have become far more random and irregular than we
previously experienced. Readers should be mindful that we are reporting about
only a handful of cases, and that the ultimate outcome of the new procedures is
still to be seen. These examples are not meant to show reliable processing
times. It is unlikely that the National Customer Service Center (NCSC) will use
anything other than the USCIS reported "processing times"
<https://egov.immigration.gov/cris/jsps/index.jsp>, to determine whether
questions about the status of a case should be forwarded to someone beyond the
frontline responder at the NCSC.
Below, we outline the updates on the USCIS Service Centers in alphabetical
order:
California Service Center
The California Service Center (CSC) is part of both the new processing
procedures and a pilot program designed to speed adjudications. See our April 9,
2002 article, "CSC Pilot Program on Concurrent Adjudications"
<http://www.murthy.com/news/n_cscpil.html>, available on MurthyDotCom. We
received an approval last week for a case that was filed almost a year after the
posted CSC processing dates. While the CSC reports a current processing date for
employment-based I-485s of March 1, 2002, the approval we received in mid-May
2004 was for a case that was filed in February 2003.
Nebraska Service Center
The most recent case approval we received from the Nebraska Service Center was
directly on target with their posted processing dates. The case was approved on
May 14, 2004 and had been filed in December 2001.
Texas Service Center
We have not seen any approvals from the Texas Service Center (TSC) that seem to
be out of the ordinary order. The action we are seeing on TSC I-485 cases,
however, follows a long period of almost total stagnation. Recently we received
a few Requests for Evidence (RFEs), which indicate that the cases are being
reviewed. The most recent approval we received was dated May 3, 2004 for a case
filed March 1, 2002. This is about two months ahead of the published processing
times of January 1, 2002.
Vermont Service Center
Our Vermont Service Center (VSC) cases are showing an impressive movement. The most recent approval was issued on May 18, 2004, for a case filed just one year earlier, on May 25, 2003. This is a significant variance from the published times, which in recent months have reflected a processing time of about 18 months. The published processing date when this case was approved was February 15, 2002. Of course, there are I-485 cases that we filed before that date that remain yet been approved or even scheduled for an interview at the local USCIS District Office.
In addition, several cases were transferred for interview at the local office
well in advance of the anticipated processing dates. The transfers coincided
with the I-140 approvals. In those cases, the I-485s were only filed quite
recently; about 6-8 months ago. The I-140s were filed a bit before the I-485s in these cases.
Plan for Faster I-485 Approvals
These changes may indicate that, in the near future, we will notice faster
I-140/I-485 processing times. This is something that would be enormously
beneficial to many. What appears to be happening is that some cases are being
processed much more quickly than the published processing times, while other
cases are taking longer than the published processing times.
Marriage and Faster I-485 Approvals
These recent developments are important to anyone planning important life
events, such as a marriage or a job change, around the slow green card
processing times. With respect to marriage, in order to have one's spouse
included as a derivative beneficiary in an employment-based green card case, the
marriage must occur before the I-485 is approved. In the past, people often
planned weddings around the official processing timeframes provided by the
USCIS. Now, with the processing times being so uncertain, wedding dates may need
to be moved up to avoid serious delays or problems in bringing the new spouse to
the U.S. on dependent status.
Job Changes and Faster I-485 Approvals
Additionally, people often try to plan job changes and the use of AC21
portability around the processing times. They want to attempt changing jobs
after they become AC21 eligible, but before the I-485 is approved. This option
may become far less certain. If processing times improve considerably, AC21 may
not be available under law and may even become unnecessary in most cases.
We will continue to monitor the progress of our I-485 cases at The Law Office of
Sheela Murthy and will report any interesting developments. On the one hand, it
is good news that cases may be processed faster in the future. On the other
hand, some people may find it frustrating that they have waited so many years
while others are getting their cases approved more quickly. We understand that
there will be a transition period for this new system, but we expect that
efforts will be made at USCIS to work toward processing cases in the order of
filing.