eb2august01
Registered Users (C)
Hi Gurus,
I am posting this on behalf of my friend. His I-140 had been field with Vermont Service Center on 12/19/2003, and his employer is about to file his I-485 now. His employer called him today and reffered to the memo on murthy.com.
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I-140 Will Not Be Processed until I-485 is Ready to Be Processed
The Ohata Memo states that, even when the I-140 is ready for processing and placed on the 'ready to adjudicate' shelf, it will not be processed unless the I-485 is also ready for adjudication. The I-485 is not ready until the fingerprints and name checks have cleared. Essentially, the I-140 will be held in abeyance until these procedures have been completed in connection with the I-485. This raises significant concerns for the application of AC21 portability. AC21 portability, as interpreted under current USCIS memoranda, requires an approved I-140 and an I-485 that has been pending for 180 days. Thus, delaying the I-140 adjudication until the I-485 can be approved inevitably will curtail the ability to use AC21 portability in most cases under these current USCIS interpretations. Of course, since AC21 is only available for long-delayed cases, if the new process speeds adjudications to within a six-month period, AC21 portability is not an available option. While we would certainly favor case adjudications within fewer than 180 days, current processing times are approximately two to five times this timeframe. Thus, this may not be a realistic goal, at least in the near future.
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Now his employer is asking him to wait until his I-140 is approved. His emp. is saying that it will take another 2 years for the VT center to touch his I-485 and I-140 case if he files his case NOW, and asking him to wait till his I-140 is approved (probably in another 6 months). From the "Ohata Memo" what I understand is I-485 will be ready to adjudicate when the FP is cleared and the name check is cleared.
NOW gurus can you please tell me how long does it take to get the first FP notice from the Vermont Service Center ?. Is it advisable to wait till getting the I-140 approval and then file I-485 ?. OR file it IMMEDIATELY ????
Please respond with your ideas as soon as possible.
Thanks
eb2august01
I am posting this on behalf of my friend. His I-140 had been field with Vermont Service Center on 12/19/2003, and his employer is about to file his I-485 now. His employer called him today and reffered to the memo on murthy.com.
---------------------------------------
I-140 Will Not Be Processed until I-485 is Ready to Be Processed
The Ohata Memo states that, even when the I-140 is ready for processing and placed on the 'ready to adjudicate' shelf, it will not be processed unless the I-485 is also ready for adjudication. The I-485 is not ready until the fingerprints and name checks have cleared. Essentially, the I-140 will be held in abeyance until these procedures have been completed in connection with the I-485. This raises significant concerns for the application of AC21 portability. AC21 portability, as interpreted under current USCIS memoranda, requires an approved I-140 and an I-485 that has been pending for 180 days. Thus, delaying the I-140 adjudication until the I-485 can be approved inevitably will curtail the ability to use AC21 portability in most cases under these current USCIS interpretations. Of course, since AC21 is only available for long-delayed cases, if the new process speeds adjudications to within a six-month period, AC21 portability is not an available option. While we would certainly favor case adjudications within fewer than 180 days, current processing times are approximately two to five times this timeframe. Thus, this may not be a realistic goal, at least in the near future.
---------------------------------------
Now his employer is asking him to wait until his I-140 is approved. His emp. is saying that it will take another 2 years for the VT center to touch his I-485 and I-140 case if he files his case NOW, and asking him to wait till his I-140 is approved (probably in another 6 months). From the "Ohata Memo" what I understand is I-485 will be ready to adjudicate when the FP is cleared and the name check is cleared.
NOW gurus can you please tell me how long does it take to get the first FP notice from the Vermont Service Center ?. Is it advisable to wait till getting the I-140 approval and then file I-485 ?. OR file it IMMEDIATELY ????
Please respond with your ideas as soon as possible.
Thanks
eb2august01