I-140 CALIFORNIA EB2 Tracker only

mrm1989, desi145 - how is yours concurrent?

mrm1989 and desi145,
I am curious to know whether your application would be considered concurrent? Doesn't
concurrent mean that you have to send both 140 and 485 kind-of togeter? Would a gap
of several months still mean concurrent? Is that what your lawyer said?

Also, will your cases be part of the pilot program? If yes, then you could potentially get the
approvals soon.

Dasbabu
 
dasbabu

Hi Dasbabu,
As per my attorney, my case would be considered concurrent. She mentioned that if you file 485 before they adjudicate 140 ( means no approval,no RFE..??), then BCIS considers it as concurrent. In fact, it doesn't matter whether it's concurrent or non-concurrent, as long as I can get 140 approval soon enough to decide which route to go.
This has been like endless,hopeless waiting. There are two scenarios...
If they consider it non-concurrent, they may approve our 140s pretty soon, as they are already working on 7/18 ( mine is 8/8/03).
If they consider it concurrent, they may hold off 140 till my 485 is ready to be adjudicated ( which is FBI check/name check/FP clearance...and what not??). This can be a loooong list and looong wait.
So, I wish they would consider non-concurrent and approve 140 early enough to make a decision.
regarding new memo, we haven't seen that many approvals using this memo to guesstimate our probable approval date ( sorry ! i should say year, whether it would be in 2003 or 2004 or > 2004 )
 
to desi145

Hi desi145,
Thanks for your reply. Actually, I also opted for CP (in I-140 form) due to the fear of long delay
in 485 process. Since you changed your mind and went for 485, did you need to file any extra
form to ensure thast change of mind?
In addition, I read somewhere (don't remember exactly where), where BCIS said that they would
significantly slow-down the I-140 processing. So, I think you might have made a smart move by
filing 485. It's a gamble anyway and I am betting my money on not-filing-485.

Lets keep our fingers crossed in a big way :(

Dasbabu
 
Dasbabu,
No you don't need to file any extra forms if you change from CP to 485. In fact, my attorney is pretty good, as she knew I am thinking between CP/485. So, she mentioned if you want to change from CP to 485, you need to just submit 485/medical and related information.
But if you want to switch from 485 to CP, you need to submit I-824 form to BCIS, which takes 1 yr to get approved. Then you have option of AC140 if your consulate in india accepts it. So, I am thinking to switch back to CP using AC140 ( attorney certified 140 with I-824 receipt), if I get 140 approved in timely fashion. My consulate would be Mumbai, which accepts AC140. Chennai doesn't accept AC140,so one has to wait for 824 approval.
 
Concurrency of I-485

Dasbabu,

While filing I-485, there was a check box where you mention the basis of filing 485 (I forget the exact words here...) and my lawyer had checked the "Other" and filed it as Concurrent.

Now it is an entirely different issue whether BCIS treat these as "concurrent" or consecutive (is there a third category called non-concurrent?).

I had read somewhere that they will adjudicate 140s only when the corresponding 485s are in an adjudicable state and that the date of I-140 filing would be considered. Wonder what that means...

- mrm
 
Do not expect any I-140 approval from CSC, unless we can do something...

Here is the sad news from http://www.immigration-law.com/


05/14/2004: California Service Center Concurrent Adjudication Pilot Initiation and Warning Against Abuse

We reported earlier that the California Service Center was launching I-140/I-485 concurrent adjudication pilot program for the concurrent I-140/I-485 filing cases inasmuch as it is non-National Interest Waiver case and filed after certain date. Qualified cases were supposed to be adjudicated in less than 90 days.
Apparently, CSC is concerned at this time that those who have already filed concurrent I-140/I-485 cases or I-140 petition alone may withdraw the pending cases to refile a concurrent I-140/I-485 case to take advantage of the pilot program.
AILA reports that CSC will not take such withdrawn-refiling cases qualified for the pilot program and will not adjudicate such cases concurrently. It appears, though, that such decision may raise a legal question of arbitraniness in administration of adjudication function. It may also raise the issue of "equal" protection and fairness. The agency may create a "class" without permissible legal justification or constitutional basis just as seen in the "Francis" decision. We'll see.
 
FP notice

Got my FP notice today for June 3rd.

140 PD - 4/2/04
485 PD - 4/26/04
FP notice - 5/17/04
EAD, AP ???

Looks like things are moving. Guys please post your status.

Thanks
 
Infact every thing is crawling.
FPs are being issued in mere two weeks. Nothing is excited about this. We are more worried about 140 approvals.

4beegie said:
Got my FP notice today for June 3rd.

140 PD - 4/2/04
485 PD - 4/26/04
FP notice - 5/17/04
EAD, AP ???

Looks like things are moving. Guys please post your status.

Thanks
Click to expand...
 
processing time

new processing times are posted on www.aila.org, updated on 5/15/04

It stays at same old BCIS favorite date for EB2 -- 7/18/2003.
Looks like they are not moving at all and we don't see any approval in this time-range either?
Anyone EB2 got approval recently with RD ~ 7/18/2003 ??
 
to gcpend

what is 140,485 RD, ND?

i assume your app is truly concurrent.

do you know that your app was processed under that pilot program??

thanks
 
to gcpend?

What is your RD and ND for 140 and 485? When did you complete your FP?

I am assuming that's what importuser wanted to know ...
 
to gcpend

what is your RD for 140 and 485? pl tell us your finger print date too.

thanks


this thing is just driving me nuts. its stuck for almost 3 months.
 
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