I-140 approvals after ohata memo

pbk said:
Gurus

As per Fuji Ohata Memo, If we file 140-485 concurrently eventhough I-140 is cleared they won't let us know about the 140 approval until I-485 is cleared.
Is this true? Then what about AC-21? :confused:

Thanks
PBK
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throw ac21 out of the window for jan-april 2004 concurrent filers i dont see anything happening for the next few months.
 
Iknowitall..
Ac21 Still stands. Rememebr Ohata Memo is not the final law. Its the law thats passed by congress and ohata memo is not one of them. Its just a procedural change. So AC21 Still stands for every instance. Its subject to interpretation. I fail to understand why people think that USCIS issues a memo and everyone thinks that its the miracle cure. Remember that by law ,they are obligated to process cases on first come first serve basis. Its another thing whether they do it or not.
My two cents is that this memo is just another instance of bottleneck creation and increase in backlogs.
Pbk,
One does not whats going to happen,I think because of extensive backlogs,they would try to find some middle ground and they would have to let the customer the status. Also your lawyer could always inquire on the status of your petition.
 
asterix

i would love for ac21 to stand so i am free after 6 months if my 140 is approved but for recent concurrent filers the 140 might not be approved unless 485 is clear. NO RECENT 140 CONNCURRENT FILE APPROVALS ???? any takes on that. i am just stating the facts as they are occuring. for now they have halted approvals for concurrently filed 140 applications in 2004 from what i see.
 
Think of INS as a black hole i.e. it works in mysterious ways. Legally AC21 stands. Also there are few lawyers who are challenging that the laws interpretation is that I140 may not be needed to be approved,though convservative view is to wait for clearance.

About why no concurrent 140 Approvals,sadly i am a victim of that ,my file date is 25 Sept. But I think USCIS is like someone who has one track mind/processing. So they process only one subject matter rather than multitask. As to why and how, I guess the management knows.

They cannot are unable to do justice to the backlog. For every odd instance of early approval there are guys who are stuck for longer time.
With less and less budget everyyear,we are in here for a long run. Reasons are going to vary,various new memos are going to come,but backlogs are going to increase ,as the applications are increasing at a faster rate then processing rate. Remember that process unless totally overhauled and new process started while concurrently clearing the existing queue is the solution and no any patches in middle.
 
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i agree multitasking is not their cup of tea, a new memo comes out and BCIS totally halts whatever little also they were doing. i can bet you NSC is themselves confused and dont know what to touch right now :)
 
Thanks astreix & iknowitall. I think only time can answer most of our questions.
 
Good for you 'bigbadwolf' I also applied my concurrent I-140/I-485 in March 2004. Got my EAD. But no news about FP. My case is TSC. I guess TSC is the slowest one compare to all other centers. Guys, Please let me know who else applied in March 2004 and if they got their FP done or Notice Date…
:confused:
 
vkg said:
Good for you 'bigbadwolf' I also applied my concurrent I-140/I-485 in March 2004. Got my EAD. But no news about FP. My case is TSC. I guess TSC is the slowest one compare to all other centers. Guys, Please let me know who else applied in March 2004 and if they got their FP done or Notice Date…
:confused:
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I applied in March. Got my EAD and AP. But not sight of FP. I am EB2 from VSC.
 
REgistration,
I haven't heard anything other than getting receipt of I140 from USCIS. Though I have had EAD and AP for almost a year because of my 485 app,I didn't get any finger print notice yet.
 
Not to sound rude, but this thread is meant for only NSC filers. Guys, please post your questions in the respective threads, VSC or TSC whatever it is.

We already have enough confusions, just a suggestion to keep the forum organized, thats all.
 
FP done, no change in 485, 140 status message

Hi,
My FP done on May 15th, but I did not see any message "your FP........" for 485 and 140. Both shows the same message what they used show before FP. Do you know why it is? Your reply will be appreciated

Thanks,
GKB
 
gkb said:
Hi,
My FP done on May 15th, but I did not see any message "your FP........" for 485 and 140. Both shows the same message what they used show before FP. Do you know why it is? Your reply will be appreciated

Thanks,
GKB
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i fpd on april 22, 2004 saw no change , u just did it now may be it will be updated. what r ur case details and your center of application and fp location ? may be that can shed more light on whats going on.
 
bmt74

I agree with you,

bmt74 said:
Not to sound rude, but this thread is meant for only NSC filers. Guys, please post your questions in the respective threads, VSC or TSC whatever it is.

We already have enough confusions, just a suggestion to keep the forum organized, thats all.
Click to expand...
 
140-485 approvals after ohata

iknowitall said:
one more thing, i really believe that finger print notices and updates dont really signify anything, i have seen too many cases and people being swayed away by that. thats just a practice the service centers started following again this year , that is to send fp notices directly after the initial 485 review. i want to believe myself in the new memo (because i fall in that category) but i dont see it going into practice.
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I am starting to agree with Iknowitall....
The only thing that the new FP process is showing is that they are changing some ways to do things. We do not know if this is positive or not from a final result perspective.

Do we have any 140 approvals for concurrent with RD affected by Ohata memo?

Do we have any concurrent approvals of 140 and 485 at NCS?

As long as we do not see this coming, the future still is very uncertain...

Elnegro
 
let be hopeful

I understand that Other service centers have seen concurrent approvals for cases who filed in 2004. Let us be hopeful to see this happen in a few days ( not months or years :) )

When it rains at NSC it pours !!! and This is how others will react to it

:D :eek: :( :rolleyes: :) :cool:
 
Hi all,
I got my labor approved recently and am about to file 140/485 concurrently.
However with the recent pace of non-concurrent 140 approvals I wonder if it is better to file 140 so that I can atleast use AC21 at a later date. Due to various reasons I do not want to go for CP. If it's really going to pour at NSC, I would like to take a chance and go for concurrent filing :)

Any suggestions?

sra123
 
sra,
i think it would be better if u go for AOS with 140. the pace of 140 approvals (slow pace) alongwith a chance that ac21 eligiility could be modified to 6 mo after 140 app (if applied alongwith 485) and also fast pace of EAD / AP and FP presents a better security in case ur job is not stable enough.
if 140 was fast at NSC (presuming u r EB2) then I would have recommended CP. just suggestion based on recent and anticipated trend. things do change on a dime.
 
GeorgeMichael said:
I read on one of the discussion forums that in california for the pilot program to expedite 140/485 processing they are considering only concurrently filed 104/ 485;s in EB2 category.

Is there any such restriction in nebraska

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7474050822&m=144107851
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GeorgeMicael,

California is implementing this pilot project for EB2 concurrent filers, and this is separate from the Ohata memo. The two are different programs and must not be confused. The FO memo only says that concurently filed i-140 and 485 will be adjudicated together after April 30th.
 
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