I-140/I-485 Concurrent Adjudication Terminated

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Quote www.immigration-law.com

12/28/2004: USCIS Terminated Controversial I-140/I-485 Concurrent "Adjudication" Policy

AILA has reported that the USCIS issued a memorandum to the Service Centers to terminate the concurrent adjudication of I-140 and I-485 application practice immediately. This is a wonderful news in a number of respects, particularly for the customers of Nebraska Service Center and Texas Service Center which have been adhering to the concurrent adjudication policy unlike VSC and CSC. Firstly, the adjudication of I-140 petition will start moving on as they are now freed from the state of hostage from concurrently filed I-485 application processings. Secondly, since it has decided to adjudicate I-140 independently as separate from the concurrently filed I-485 applications, people may witness some improvement in I-140 processing times, helping those who need to change employment under AC 21 180-day rule. Unless the concurrent adjudication policy is cancelled, those Indians, Chinse, and Philippines professionals who filed the concurrent I-140 and I-485 packet and their I-140 petition remain unadjudicated as of the end of December 30, 2004, would have experienced a nightmare for not being able to change employment even under the compelling circumstances. In this regard, this is particularly important for the Indians, Chinese, and Philippines nationals who will face EB-3 visa number retrogression on January 1, 2005 in that they have a better chance to survive in the green card journey.

Caveat: This policy change does not change its current policy of "concurrent I-140/I-485 filing" which will continue unless it is changed in the future.
 
Excellent news!!

Wow, this is really good for NSC. Stupid CSC, VSC are approving 485's like crazy and long time NSC applications are pending. Though late, this is good for everyone, in the sense that the game will be played more fairly.
 
Very sensible decision......It was so stupid to see 2004 filers getting approval when 2001/2002 filers were waiting!!Should have never been put in place first time....

RD 01/03
FP2 11/18
 
uk123 said:
Great news. Now I hope that NSC will process the I-140 case sooner.
Click to expand...
This is bad for lottery seekers(people who were expecting 140&1485 approved together in 10 months). Quite a few people from CSC and a some from NSC has already been benfitiariers of this cruel scheme which totaly ignored FIFO.
 
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Armie,
I am not sure how this is a bad news, as you had to wait for 10 months to get I-140 approved, what that meant is you cannot use AC21 portability and moreover with the current retrogression for EB3 categories, it would have become a nightmare for EB3 cases from India, China etc.

Now, though 485 takes a long time, we have the possibility of changing employer under AC21 portability rule, once I-140 is approved. I am not sure why we should care how long it takes to approve 485, when we have all the freedom of GC with EAD and AC21 portability. I just want to understand whether I am missing some info here.
 
Is the retrogression for EB3 categories will include people already filed for 485? or it will work only on new filers?
 
wow, that's great.....otherwise it's unfair to those who have been waiting for I-485 approval for years.
 
Win for all hopefully

It appears that most of the folks are happy. It is always better to know that they are gonna process applications in a certain order instead of randomly picking here and there. I hope and pray for all old timers to get our files adjudicated and approved soon. God bless!
 
Not All EB-3 categories from India, china etc are retrogressed.

Here is the latest info on EB-3 retrogression, I got from www.immigration-law.com
12/30/2004: EB-485 and Concurrent I-140/EB-485 Available in January 2005 for "Other Worker" EB-3 for India, China, & the Philippines

Some people in the Indian, Chinese, and Philippines communities have a misunderstanding that all the EB-3 cases will retrogress to January 2002 beginning from January 1, 2005. It is not true. The visa numbers that will retrogress are limited to either "skilled worker" or "professional" categories. The visa number for "other workers" (occupations less than 2 years of experience by nature, nickname: unskilled worker) will remain "current" in January 2005. Accordingly, people will be able to file a new I-485 or continue processing of I-485 in the two situation. (1) Who obtained a labor certification for a job without college education and with less than two years of work experience, and file I-140 petition for the classification of "other worker" concurrently with the I-485 application. (2) Who obtained a labor certification for a job that requires more than two years of experience or higher education, but file I-140 petition for the classification of "other worker" concurrently with the I-485 application. In the latter case, they can file multiple I-140 petitions, one for either EB-31/32 or EB-2, and the other for EB-3 EW (Other Worker). People may want to seek legal counsel.
 
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