I-140/485 concurrent filing

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xiongch2002

Registered Users (C)
Concurrently Filed I-140/I-485s

Question: Regarding your March 31, 2004 interoffice memo (90/16.45) providing guidance for concurrent adjudication of concurrently filed I-140s and I-485s, kindly clarify the following points: (a) Are your instructions equally applicable to concurrently filed cases that are (i) currently in the pipeline and (ii) not yet adjudicated (or just to cases filed concurrently from now on)?

USCIS Answer: If there has been no adjudicative action regarding the I-140, our recent memo would also apply to concurrently filed I-140/I-485 cases that are in our adjudication pipeline. If we have already adjudicated the I-140, our memo would not apply.

Question: Do you plan to have a single PTR [Processing Time Report] date for I-140s filed as stand-alone and for (same classification) I-140s filed concurrently with I-485s? (In other words, will an EB3 I-140 filed on April 27, 2004 be adjudicated at the same time as a concurrently filed EB3 I-140/I-485 filed on April 27, 2004?)

USCIS Answer: There would be one PTR date for I-140s filed as stand alone and concurrent filings. However, if the case is a concurrent filing, the I-140/I-485 packet will be pulled when the I-485 is adjudication ready (fingerprints and/or name checks have cleared). If the I-485 is not adjudication ready, the I-140 will not be pulled for adjudication based on the I-140 processing date.

Question: Does "concurrently filed I-140 and I-485" mean both forms are filed at the same time? If an I-140 is filed on April 27, 2004 and the I-485 is filed on May 20, 2004, under the concurrent filing regulations is this filing sequence - here only a few weeks apart - considered a concurrent filing for these purposes?

USCIS Answer: For the purpose of implementing this memo - concurrent filing means any I-140/I-485 filed at the same time or a subsequent I-485 filing pursuant to a pending I-140 if no adjudicative action has been taken on the I-140.
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please help me to understand from the plain language above, does that mean if your I-485 is not ready for adjudication, your I-140 will not going to be touched?
 
Many people in this category seem to file EB1 and NIW at the time,

does it suggest that such an applicant need to prepare at least two copies of I-485 in order to benifit from the memo (if the benefit does physically exist).

any comment?
 
Hi, as I understand, you don't need to file two I485 applications for two I140's. My lawyer filed two I140's for me but only one I485. My understanding is that two or more I140 cases can be concurrently filed with one I485. USCIS can keep track of that because the beneficiary number on these forms are all the same. In any case I'm writing my lawyer an email to get this clarified.





eaglejoeli
 
Quote: does it suggest that such an applicant need to prepare at least two copies of I-485 in order to benifit from the memo (if the benefit does physically exist).

Answer: How could you guys benefit from the memo if going back to my previous question " if your I-485 is not ready, your I-140 will not be touched." I-485 will usually take 20-30 months.
 
It is in fact a bad news. From the context of the memo, it seems that if your I-140 reached processing date, USCIS will check to see if your I-140 has associated I-485, if yes, then the I-140 won't be processed till I-485 is ready for process which will be 20~30 months later. If there is no I-485 associated with I-140, then the I-140 will be processed. Am I right?
 
Hi

1) I checked with my lawyer and he said one (1) I-485 is enough for a person who files multiple I-140's. In fact, it would be a serious abuse of demand of processing fees if USBCIS requires two I-485 for two I-140's.

2) "I-485 ready for adjudication" basically means that your finger print and name are cleared by the FBI. It doesn't mean that the processing date of I-485 is reached. In fact, once your fingerprint and name are cleared, your I-140 and I-485 will be adjudicated together according to the processing date of I-140's, not that of I-485's
 
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Hi, upstair.
"I-485 ready for adjucation" basically means that your finger print and name are cleared by the FBI. It doesn't mean that the processing date of I-485 is reached. In fact, once your fingerprint and name are cleared, your I-140 and I-485 will be adjucated together according to the processing date of I-140's, not that of I-485's"

Question:"What is the situation if your I-140 processing date has been reached, but your I-485 is not ready(which is most possible). are they going to adjucated your I-140 or waiting for the I-485?"
 
xiongch2002,

Which Service Center (or other office) answered your questions? Please let us know.
I am not so sure if the Service Centers will interprete the same way. From the CSC thread, some people seems to interprete that differently.

BrazilNut
 
Question:"What is the situation if your I-140 processing date has been reached, but your I-485 is not ready(which is most possible). are they going to adjucated your I-140 or waiting for the I-485?"


1) It is highly unlikely that I140's are processed faster than the finger prints. So that chance is pretty low.

2) If I-140 processing date is reached but the I485 is not adjudication-ready yet, they will put your I140 on the "ready for adjudication" shelf and wait until your I485 is ready.

now remember getting your I485 ready, which means getting your fingerprint and name cleared, is not the same as "waiting until I485 processing date is reached". Your fingerprint and name will be cleared long before the processing date for your I-140 or I-485 is reached.

In summary, you will get your green card much faster with the new procedure. The reason is that once your I140 is approved, your I485 is simultaneously approved.

In the old procedure, you would go through another agonizing wait for I485 approval after getting your I140 done because you are competing not only with other empolyment-based applicants, but with family-based and other I-485 applicants as well.
 
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eaglejoeli

Do you know how long it will take for name check? the USCIS even don't know, because it was run by the FBI and there are no processing time report, you can't even keep track of it. Since many concurrently filing application is I-485 following I-140 (I-140 still pending) for quite a time, this is bad new for them. Thinking about the people in VSC, most I-140 was filed one and half year ago, and most people filed their I-485 later while their I-140 still pending. After long time waiting, their I-140 are going to be touched according to the processing time report, however, the new memo put them on I-485 control. That is really a bad news for them. I am sorry the people don't realized this.
 
From what I have heard, FP and name clearance don't take very long. Most people who filed their I-485 during the first half of 2003 already have their FP and name cleared (members of Al Qaeda are not likely to be cleared).

If you have filed your I485 in the second half of 2003, expect to receive finger print notice soon. CIS issues finger print notices in batches.

So the wait time for finger print notice is about half a year after the filing of I485. It is surely much shoter than that of I140 or I485.

I can imagine that certain people would probably be in bad shape because they filed I140 first, and then filed I485 much later. Their I140's are supposed be processed in near future, but because their I485 notice date is much later, their I140 now has to wait until FP is ready.

If that is the case, their I140 will be delayed by 6 months (worst case scenario), even so, they will receive their I485 approval much faster (which comes with I140).

You are probably right that the worst nightmare goes to someone who filed I140, and then filed I485 a year later! What I dont understand is that why did they do that? The whole point of concurrent filing is to submit your I485 earlier, so that when your I140 is approved, your I485 has already been in the line for a while. If someone files I485 much later than I140, they are not taking advantage of concurrent filing.

I've heard of two serious mistakes people make when they apply for immigration:

1) not hiring a lawyer or hiring a bad lawyer.
2) not following lawyer's advice.

Any reasonable lawyer would suggest that you submit I140 and I485 on the same day. You gonna pay the I485 fee anyways, so why not pay it now?
 
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Quote:

"Most cases filed prior to December 2001 which are not "adjudication ready" are held because of problems with the FBI name clearance. At the NSC there are approximately 2,200 cases filed prior to January 2002 which have not been cleared for adjudication. There are over 24,500 cases filed between February and December 2002 that are waiting for clearances."
 
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