///////-----Here is what happened on August 6----\\\\\

Rajiv S. Khanna

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
So we deposed Paul Pierre, Chief of Service Center Operations. Disappointingly (but not surprisingly – we were expecting this), we did not find much, but we have been able to identify some of the relevant documents, and we do understand their procedures just a little better.

Two quick comments. In concurrently filed applications, they WILL delay 140 adjudications if 485 is getting delayed. That really makes no sense. We will look into this further. Do not worry.

Second, they seem to have no reason for the life of fingerprints being 15 months.

I will post the first draft of the transcript next Monday (August 16). The govt. will have 30 days to go over the deposition and correct it. That is the law. Currently, Fujie Ohata is scheduled for 26 August for deposition.

We will keep going at it. Do not worry. My warmest regards to all of you, as always.
 
Dear Rajiv,

Thank you for your efforts. How do they define a concurrently filed application? Is it one of the following?

1. Both 140 and 485 filed in the same package on the same day.
2. 140 filed and then 485 filed in the next few days.
3. 140 filed and then 485 filed in next few weeks.
4. 140 filed and then 485 filed in next few months.
5. Both 140, 485 and FP pending
6. 140 approved, but 485 and FP pending

Which service center will they delay 140 if 485 adjudication is getting delayed? In VSC, they have approved some 140 filed concurrently (in same package), while others are pending. Lots of #3 cases are pending even though they are not concurrent applications. How will they approve 140 and 485 concurrently if FP requests have not been mailed? In VSC, FP requests have not been mailed for applications with RD greater than June 2003.

Thank you again,
Hrithik
 
operations said:
So we deposed Paul Pierre, Chief of Service Center Operations. Disappointingly (but not surprisingly – we were expecting this), we did not find much, but we have been able to identify some of the relevant documents, and we do understand their procedures just a little better.

Two quick comments. In concurrently filed applications, they WILL delay 140 adjudications if 485 is getting delayed. That really makes no sense. We will look into this further. Do not worry.

Second, they seem to have no reason for the life of fingerprints being 15 months.

I will post the first draft of the transcript next Monday (August 16). The govt. will have 30 days to go over the deposition and correct it. That is the law. Currently, Fujie Ohata is scheduled for 26 August for deposition.

We will keep going at it. Do not worry. My warmest regards to all of you, as always.
Click to expand...
Rajeev,

Greatly appreciate your efforts in helping us out. This really means a lot to us.

From your above message it seems clear now that 140 will be delayed if 485 is delayed. Therefore in the short term it only leaves us with one option - i.e. to atleast see that we can use AC21 if 140 and 485 pending for more than 180 days. I, on behalf of the immigrant community sincerely request you to look in the above change in AC21. This is REALLLY VERY HUGE for us. A bunch of us are sitting on the edge as far as our jobs are concerned and any help on AC21 would be a real welcome relief.

Thanks Rajeev, let us know if you would like us to do anything else.

Cheers,
..
 
operations said:
So we deposed Paul Pierre, Chief of Service Center Operations. Disappointingly (but not surprisingly – we were expecting this), we did not find much, but we have been able to identify some of the relevant documents, and we do understand their procedures just a little better.

Two quick comments. In concurrently filed applications, they WILL delay 140 adjudications if 485 is getting delayed. That really makes no sense. We will look into this further. Do not worry.

Second, they seem to have no reason for the life of fingerprints being 15 months.

I will post the first draft of the transcript next Monday (August 16). The govt. will have 30 days to go over the deposition and correct it. That is the law. Currently, Fujie Ohata is scheduled for 26 August for deposition.

We will keep going at it. Do not worry. My warmest regards to all of you, as always.
Click to expand...

So, our assumption of invalidating AC 21 through indirect means is accurate.

It is good news to learn the life of FP has no valid reason. Is there is any indication that USCIS will look into this.

-rajum
 
Dear Rajeev,

Great work. Thank you very much. When Congress passed AC21 law to help the I-485 applicants to change the employer after 180 days and no longer be a slave to the sponsoring employer, why USCIS is not willing to allow us to change the employer after 180 days? (by telling I-140 approval is needed for using AC21 and at the same time not processing the I-140 petitions). Looks like this is against the intend of the Congress in passing the AC21 law. What can we do for this????


naanshi.
 
Last edited by a moderator:
Great work Rajiv! Thanks for your expertise and commitment. :)

I'm looking forward to seeing their rationale for effectively nullifying the portability provisions of AC21. :mad:
 
operations said:
So we deposed Paul Pierre, Chief of Service Center Operations. Disappointingly (but not surprisingly – we were expecting this), we did not find much, but we have been able to identify some of the relevant documents, and we do understand their procedures just a little better.

Two quick comments. In concurrently filed applications, they WILL delay 140 adjudications if 485 is getting delayed. That really makes no sense. We will look into this further. Do not worry.

Second, they seem to have no reason for the life of fingerprints being 15 months.

.
Click to expand...
Thank you Rajeev for your staunch efforts .
1)Ohato memo is of recent origin and it is not clear if it will affect the concurrent filed applications dates even retrospectively.
2)Is it possible to examine,if due to Ohato memo,if the 140 approval is delayed(just taking earlier history of approvals in 6 to 10 months ave.in general) to be on par with 485 dates,whether AC21 law provision is negated or circumvented and there by defeated by this action.And How far it is right and how they think this is helping better for applicants.,unless 485 is also apporved in 6 to 9 months.
3)it is good if they think that validity of FP results are not limited to 15 month period.But do they are clear whether second FP is not necessitated at all.
Including Second time checks as well.
 
naanshi said:
Dear Rajeev,
Great work. Thank you very much. When Congress passed AC21 law to help the I-485 applicants to change the employer after 180 days and no longer be a slave to the sponsoring employer, why USCIS is not willing to allow us to change the employer after 180 days? (by telling I-140 approval is needed for using AC21 and at the same time not processing the I-140 petitions). Looks like this is against the intend of the Congress in passing the AC21 law. What can we do for this????
naanshi.
Click to expand...

I-140 delayed until I-485 ready for process nullifies AC21. So, there is no AC21 law exists as many experience like me (600 days no approval for I-140 in TSC concurrent filing). So, No AC21 law thats helping applicants since late 2002, from the time concurrent filing started.
 
140/485 FO Memo - concurrent specially

Hello Mr. Rajiv,

I have been surfing Immigration Portal for the past few months..I am quite new compare to other people.
My question regrading FO memo is :
As you mentioned in your posting that "they WILL delay 140 adjudications if 485 is getting delayed"
1. What does exactly it mean "If 485" is getting delayed??

Does USCIS should hold the 140 approval if 485 is pending for FP/Name check??

If someone already got the FP/Name Check done and USCIS gets to open the 140 then they should approve the 140 and 485 same time, If they see that no RFE is required in both 140/485 application.

OR

Does USCIS should hold the 140 approval even FP/Name check done but 485 priority date is FEB 2002 (example of NSC) ??

Per best of my knowledge, FO memo implied that At the time of 140 application, decision will be made FOR adjudications of 485 if 485 formalities are done, like FP/Name Check etc. Here all the palces i am talking about concurrent case.

Please correct me if I am wrong..Looking forward your reply..

Thanks..GC_SE_HAI_SHAAN.

- NSC
RD May 12-2004 140/485/EAD/AP
ND May 19-2004 140/485/EAD/AP
FP done June 23rd 2004
EAD Received July 15 2004
AP Received July 21 2004

I-140/485 - Waiting.
 
I-140 - California Processing Time - no change

Once again. not any updates on I-140 cases as per uscis updates today.
 
Once again, VSC causes confusion and furore

VSC has been advancing dates by approving 20% of 140 cases. It has now advanced it to Feb 28, 2004 for EB3 cases. This is despite the fact that more than half the cases (concurrent as well as non-concurrent) filed in 2003 are still pending. What is the logic behind this lottery system?
 
hrithikroshan11 said:
VSC has been advancing dates by approving 20% of 140 cases. It has now advanced it to Feb 28, 2004 for EB3 cases. This is despite the fact that more than half the cases (concurrent as well as non-concurrent) filed in 2003 are still pending. What is the logic behind this lottery system?
Click to expand...

I feel that by approving these cases, they are trying to hold at bay the possible lawsuits by showing the approvals made in a "short" time.

But then again, from what I have read, they have absolutely NO LOGIC :) - Hang in there !
 
operations said:
So we deposed Paul Pierre, Chief of Service Center Operations. Disappointingly (but not surprisingly – we were expecting this), we did not find much, but we have been able to identify some of the relevant documents, and we do understand their procedures just a little better.

Two quick comments. In concurrently filed applications, they WILL delay 140 adjudications if 485 is getting delayed. That really makes no sense. We will look into this further. Do not worry.

Second, they seem to have no reason for the life of fingerprints being 15 months.

I will post the first draft of the transcript next Monday (August 16). The govt. will have 30 days to go over the deposition and correct it. That is the law. Currently, Fujie Ohata is scheduled for 26 August for deposition.

We will keep going at it. Do not worry. My warmest regards to all of you, as always.
Click to expand...

How about the life of medical report? Is it also 15 months?
 
operations said:
So we deposed Paul Pierre, Chief of Service Center Operations. Disappointingly (but not surprisingly – we were expecting this), we did not find much, but we have been able to identify some of the relevant documents, and we do understand their procedures just a little better.

Two quick comments. In concurrently filed applications, they WILL delay 140 adjudications if 485 is getting delayed. That really makes no sense. We will look into this further. Do not worry.

Second, they seem to have no reason for the life of fingerprints being 15 months.

I will post the first draft of the transcript next Monday (August 16). The govt. will have 30 days to go over the deposition and correct it. That is the law. Currently, Fujie Ohata is scheduled for 26 August for deposition.

We will keep going at it. Do not worry. My warmest regards to all of you, as always.
Click to expand...

Another thing Mr.Khanna. You are pointing out the stupidities in their process like Finger prints valid for 15 months, EAD for 1 year.

Based on this, now they have increased EAD to more than 1 year. Possibly, they will increase the lifetime of Finger prints also.

I guess you should charge a fee from BCIS for reengineering their business processes. A Big 4 firm might charge millions of dollars for doing such a BPR exercise to a huge "firm" like BCIS
 
lil_joe said:
Another thing Mr.Khanna. You are pointing out the stupidities in their process like Finger prints valid for 15 months, EAD for 1 year.

Based on this, now they have increased EAD to more than 1 year. Possibly, they will increase the lifetime of Finger prints also.

I guess you should charge a fee from BCIS for reengineering their business processes. A Big 4 firm might charge millions of dollars for doing such a BPR exercise to a huge "firm" like BCIS
Click to expand...

Isn't this ironical, One one hand they talk about decreasing processing times, which implies that a EAD should be valid for only one year, but the processing time of 140/485 should decrease to comply with EAD times...
But what really seems to be happening is increase FP time and EAD time rather than decrease 140/485 processing time within the specified time frame
 
Rajiv,
I just want to say thank you for all the effort you are putting in this lawsuit.
It is greatly appreciated.
Luna
 
rsk1972 said:
Isn't this ironical, One one hand they talk about decreasing processing times, which implies that a EAD should be valid for only one year, but the processing time of 140/485 should decrease to comply with EAD times...
But what really seems to be happening is increase FP time and EAD time rather than decrease 140/485 processing time within the specified time frame
Click to expand...

The EAD times are also decreasing in a way.There are few cases where ppl lost few months because they applied earlier. The EAD renewals are not back dated.
Can we find out on what basis they are doing this??

see below
http://boards.immigration.com/showthread.php?t=137949
 
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