FP1 and Approval
- Thread starter dhi_img
- Start date
Sine_Curve
Registered Users (C)
We have seen some persons with just first FP (Must be ND after May'03) have received their approvals, espacially with RFE's . But they are, it seems, still working on FP2 backlogs.GCJaisaKoiNahi
Registered Users (C)
source : http://www.immigration-law.com
It appears that the processing times of I-140 petition and I-485 tend to be somewhat inordinate because of a number of factors. First is the launch of policy of concurrent filing and concurrent adjudication policies. Accordingly, depending on the date when I-140 or I-485 was filed, processing and adjudication of such cases are handled differently. Second is change of name check and security clearance timing. In the past, fingerprinting was not scheduled until it passed nine (9) months of filing of I-485 application considering the delay and backlog of I-485 adjudication schedules, but the fingerprinting scheduling policy has changed since the concurrent adjudication policy was released. Nowadays, fingerprinting is scheduled early, particularly in the recent concurrently filed cases in order to achieve the concurrent adjudication policy. As a consequence of such policies, the recent filers of "concurrent I-140/I-485" tend to take the benefits of these policy changes and obtain adjudication earlier than those who filed I-485 applications years back who have to go through the I-485 processing times and the circle of refingeprinting and re-name check processes. A similar phenomena was occasioned before 2000 when the CIA clearance was frozen for almost a year and the Legacy INS adopted a new processing policy in order to deal with the mounting backlogs of I-485 applications, a policy of adjudicating I-485 applications with a target to avoid refingerpring process. Thus old filers suffered and the new filers took advantage of the new policy and obtained adjudication of I-485 applications earlier than old filers. During the period of transition of policies, such unfairness inevitably takes place and it is a fact of life. Once the transition is over, the consumers of immigration filings tend to reach a point where all the filers receive benefits on equal footing. We are in one of such transitional periods and people should bear with the USCIS. Come to think of the emotional difficulties the old I-130/I-485 family-based green card applicants in the Dallas and New York local districts have to go through facing their colleagues who filed recently under the so-called Pilot program and obtains green card approval in 90 days when they have been waiting even for years!
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It seems CIS have changes the policy of sending FPs. As we all know FPs are sent to us based on how busy is your local ASC. I have observed most of the FPs sent out ( in this forum ) to the late 2003-04 I485 filers who live in & around less loaded ASC like TX , NC etc.
The reason for issuing this selected FP might be someting 'interesting' happened in their cases like early Name Change completed. ( I think most of the time USCIS requests FBI for Name Check immediately after I485 is filed). Why would early name check for few cases?? no idea.... My guess is other petitions (like H1 ext, EAD, AP , RFE etc ) filed at CIS might be triggering more such requests to FBI for Name Check.
To me, it is not FIFO/ND that decides the GC approval but how good FIFO is implemented at FBI name check.
Bottomline is we need to find ways to get early Name Check done. What do you all say?
140 AD 7/23/04
1485 ND 1/27/04
It appears that the processing times of I-140 petition and I-485 tend to be somewhat inordinate because of a number of factors. First is the launch of policy of concurrent filing and concurrent adjudication policies. Accordingly, depending on the date when I-140 or I-485 was filed, processing and adjudication of such cases are handled differently. Second is change of name check and security clearance timing. In the past, fingerprinting was not scheduled until it passed nine (9) months of filing of I-485 application considering the delay and backlog of I-485 adjudication schedules, but the fingerprinting scheduling policy has changed since the concurrent adjudication policy was released. Nowadays, fingerprinting is scheduled early, particularly in the recent concurrently filed cases in order to achieve the concurrent adjudication policy. As a consequence of such policies, the recent filers of "concurrent I-140/I-485" tend to take the benefits of these policy changes and obtain adjudication earlier than those who filed I-485 applications years back who have to go through the I-485 processing times and the circle of refingeprinting and re-name check processes. A similar phenomena was occasioned before 2000 when the CIA clearance was frozen for almost a year and the Legacy INS adopted a new processing policy in order to deal with the mounting backlogs of I-485 applications, a policy of adjudicating I-485 applications with a target to avoid refingerpring process. Thus old filers suffered and the new filers took advantage of the new policy and obtained adjudication of I-485 applications earlier than old filers. During the period of transition of policies, such unfairness inevitably takes place and it is a fact of life. Once the transition is over, the consumers of immigration filings tend to reach a point where all the filers receive benefits on equal footing. We are in one of such transitional periods and people should bear with the USCIS. Come to think of the emotional difficulties the old I-130/I-485 family-based green card applicants in the Dallas and New York local districts have to go through facing their colleagues who filed recently under the so-called Pilot program and obtains green card approval in 90 days when they have been waiting even for years!
------
It seems CIS have changes the policy of sending FPs. As we all know FPs are sent to us based on how busy is your local ASC. I have observed most of the FPs sent out ( in this forum ) to the late 2003-04 I485 filers who live in & around less loaded ASC like TX , NC etc.
The reason for issuing this selected FP might be someting 'interesting' happened in their cases like early Name Change completed. ( I think most of the time USCIS requests FBI for Name Check immediately after I485 is filed). Why would early name check for few cases?? no idea.... My guess is other petitions (like H1 ext, EAD, AP , RFE etc ) filed at CIS might be triggering more such requests to FBI for Name Check.
To me, it is not FIFO/ND that decides the GC approval but how good FIFO is implemented at FBI name check.
Bottomline is we need to find ways to get early Name Check done. What do you all say?
140 AD 7/23/04
1485 ND 1/27/04