I-140/I-485 concurrent filing effective from today.

G

Gking

Registered Users (C)
From immigration-law.com, effectively from today, I-485 can be filed concurrently with I-140, as well as EAD and AP. Although this is a god news for the I-140 guys and future applicants, it is really bad for current TSC I-485 waitors.

First, it will creat a lot more workload on EAD and AP in a short time. Based on TSC's track record, it is highly possible that TSC will creat a lot of mess both in bookkeeping and random processing.

Second, it is still not known if the approve of the concurrent filing is based on I-140 queue or I-485 queue. If it is based on the I-140 queue, it would be a nightmare for current I-485 waitors. Even if it is based on the I-485 queue, becuase TSC processes cases so randomly, currently I-485 waitors still will suffer a lot.

third, this policy will discourage CP processing. The workload in TSC will definitely increase significantly in a short period.

But of course, the policy will benefit future immigrants in the long run.

Hope TSc can do the following:

1. Set all the concurrent cases aside before the current pending I-485 cases are processed.
2. Process only the non-concurrent I-140 before the current pending I-485 cases are finished.

We have only seen two (?) approvals in the Tracker for late July. I feel really depressed on the TSC mess.
 
Thats an amazing news. I am shocked, they moved

so quickly on this. Well, as usual, I feel I always have been unlucky. Who knows what will happen now. TSC may start aprroveing these "concurrent" cases leaving behind the old cases.

Well thats the pessimistic view... But I think this will complicate things even further for all of us who are already waiting. It is definitely good for all the new filers...
 
Case Study:
Person A files for both I140 and I485 concurrently. Upon receiving the I485 petition, our unpredictable TSC sends the FP notice (this is happening now)! Isn't there a possibility that this person might actually get his/her I485 approval (normal trend being approval within 3 months of FP) before his/her I140 gets approved!! To avoid this, they have to track both applications simultaneously.

We have seen cases where the wife (dependent) was approved and the husband (primary) was given an RFE notice. This shows they can't track 2 related applications always.

I wonder how they are going to prevent this (I485 getting approved before I140).

Oh yeah, to twist the case more, 4 months after the I485 approval, I140 gets rejected!! What will happen then?

Processing time-wise, I think it doesn't make any difference. EAD/AP-wise, one can get it much earlier.
 
bajis, for concurrent filing case,

the I-140 and I-485 will be processed together. For many years, the I-130 and I-485 for family based cases are filed and processed together. INS just adopted the same policy for employment based cases. Basically we will see the following facts:

1. Most current I-140 waitors may file I-485 soon, and all the future I-140 filers may file I-485 together.

2. Lots of new EAD and AP cases will flood to TSC in a short period, resulting the increase of workload. The processing time for EAD and AP will either be delayed, or TSc will need to add more manpower to process them.

3. For the concurrent cases, TSC may send out FP notices, resulting further delay of FP for old cases.

4. If TSC processes the I-140 based on current processing time (about 4 months), it should process the I-485 together. Then new I-140 filers may get GC in half a year from I-140.

It is still possible for us to see benefit for current I-485 waitors, if:

TSC process the concurrent cases based on I-485 queue. In this case, the concurrent cases will be set aside before TSC finishes all the current pending I-485. Thus, TSC can move most if not all of the I-140 team to I-485 team, and then we will see the speed up of I-485 processing.
 
We have been doing all the wishful thinking

from TSC since last 3-4 months but actually TSC does excatly the opposite. I have no doubt in my mind that TSC will not be that consistent and they will not follow a logical approach. I think at TSC, there is nobody overseeing the entire process thats why it has become so random. One thing I dont undertstand how will they approve the application "cocurrently" meaning:

1. When the I-140 gets approved, the I-485 is worked upon immediately or it will be sent to the next queue for I-485
2. If the I-140 gets approved, the officer might as well look at the I-485 and approve it as well. As there is not much to look in the case of I-485 as they probabaly have done most of the investigation at I-140.
2. If I-140 gets approved, will the applicant get an approval notice or they will get one approval notice all at the end when everything gets approved.
 
There is no hope for us

TSC will be flooded with new applicaions. As such we know how efficient they are with the existing cases, let us see now....
 
I think we are safe.

Because, for any 485 applicant, Alien Registration No. will be created only after I-140 approval. FP shouldn't be scheduled with out A no. That is my thought, but hey! it is TSC.

Let us hope for the best. May be because of work load TSC starts working (!!!) and we may get approvals faster.
 
Before discussing this matter to a great length, let us see why INS has introduced concurrent filing of I-140 and I-485 effective from July 31, 2002.

What I know from several discussions is "it is to facilitate EAD and AP to people in long queue starting from LC".

I think this is what it will happen,

1. INS receives I-140 and i-485 package,
2. Separate AP and EAD applications
3. Keep I-140 and I-485 together
4. The person will be waiting in I-140 queue
5. On approval of I-140 person will be queued to I-485 queue.

The concurrent filing is to facilitate EAD and AP.

So there will be an increased workload in AP and EAD.

Good luck to all of us.

KP
 
Kp, I do not agree with you in one thing,

but I hope you are right.

Here is the fact: The new regulation fails to provide how the concurrently filed I-140 petition will be processed and adjudicated: Concurrent Adjudication or Separate Adjudication Between 140 and I-485. In family-based cases, currently the INS District Offices adjudicate I-130/I-485 concurrently. Accordingly, I-130 Relative Petition remains unadjudicated until I-485 is ready for adjudication. The INS should soon release a memorandum to clarify this important policy issue.

I think the main purpose of the concurrent filing is to reduce the repeated workload in INS, not to give EAD and AP early to the applicant. By approving the I-140 and I-485 together, INS can reduce the workload and time in several areas:
1. Mail handling, including data entry.
2. Examing the materials and checking bacground in one time.

My hope is that TSC should set aside the concurrently filed cases before it finishes all the old I-485 cases.
 
GKIng you're right

Remember the deep freeze we went into in August of last year? I wouldn't be surprised if it happens again. Anyway I started teaching this week, so I have less time to worry about it. I better start getting my EAD renewal notice ready in a few months though.
 
This is really unfair to guys who put everything on stake for want of GC and still wating even after 5 YEARS of complex struggle for existance.
 
That is very good idea in GC procedure, Whether it is helpful to us or not. But this will give a chance for TSC to streamline the process. First come First served. Talking to IIO does not help. That is just telling the same information over and over.
Why don't we think of something else how to get this info to TSC. Couldn't there by atleast one person to listen what we are saying.

I know we all fedup sending faxes to different people. How about this. We can send the details of random processing at TSC to congressman and see what they are saying about that. Ideas welcome
 
We need to give specific examples of randomness

Highlight the RD/ND and (possibily SRC No.) and theor FP and Approval. I know for this we are going to need help from people who already have FP/AD, if they wish to help better the TSC processing.

And instead of contacting congressmen/sentaors put the word right at TSC. We should call TSC directly and talk to IIO. I know we are all afraid to come into any argument with IIO and I totally understand that. But, let me tell you. to acheive something we will have to fight and be upfront about it and tell them the truth whether they like it or not. We have to confront them with specific examples and convince them. They are thr only one who we can contact. One suggestion: When we call for this purpose, we dont give out our SRC number so they can not do anything to our case. I dont think they can do anyhting anyway, but just to be on the safe side.

Second, as I said above we need to cite specific examples to TSC director, INS headquarter by fAX, letter. For this first we are going to need help and co-operation among ourseves.

We all hav sent random letters to congressmen/senator/INS/TSC but none of them helped b/c they didnt have any specifics. I know some of us going toa fraid to do this, but I think this is the only way we confront them. Thats my call, but if guys dont wnat to do anything, thats fine too.
 
I am ready to do it

As long as we do not say who we are and generalise our letter/faxes to INS Director and Headquarters and NBC, CNBC, CNN, FOX, we should be ok.

We can take a poll and see how many are interested
 
Ken (KGH), I have sent a private message to you.

Ken, I definitely remember the deep freeze for I-140 from mid July to Oct last year. I just went back to immitracker.com and checked the I-485 processing. It seems I-485 procesing was slow in May, June and July last year as well (although not as slow as this year). But it picked up a bit in August and Sept. The weird thing is that TSC has added a lot more new officers, but recenctly, we have seen:

1. I-485 slowed down significantly from May.
2. I-140 slowed down in April and now still needs over 4 months to process.
3. AP and EAD slowed down to about 3 months processing.

Other centers are approving cases very fast in almost every catogery. Do not know what TSC is doing. Definitely TSC as an organization, it has both serious management and moral problems.

TSC has a target to process how many cases in a fiscal year. I am not sure what the target is for I-485 and how many has finished. If there are a big gap, I think TSc will put more manpower to that in August and Sept. My guess is that I-140 should slowdown with EAD and AP for two reasons: one is that TSC has already pocessed lots of I-140, EAD and AP for the year. Another is the concurrent filing with EAD and AP. TSC should hold the concurrent cases first waiting for the final regulation. But TSc has at least one other priority, which is to keep the I-539 (change of nonimmigration status) processing time in one month.

"I140" asked about PD in I-485 notice, I think it is blank for almost everyone now.

Ken, I have some personal questions for you. Please check your private message. Thanks.

Gking
 
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Difference between immitracker.com and e-nairobi.com.

From the immitracker.com the TSC Approval Pie (updated on Oct 31, 2001), I found the approvals for year 2001:

Apri: 30
May: 20
June: 16
July: 22
Aug: 24
Sept: 30

But from e-nairobi.com:

Apri: 23
May: 13
June: 4
July: 12
Aug: 12
Sept: 24
Oct: 9

I remember the e-nairobi.com Tracker copied all the data from immitracker.com some time in Juan or Feb this year. Why is the record different? But anyway, it seems this year repeated last year. Hope Aug and Sept can be faster, and no slowdown in Oct.
 
Comparison with 2002

Data from www.e-nairobi.com/aos

Jan 2002: 5 (Data not complete)
Feb 2002: 32
Mar 2002: 30
Apr 2002: 46
May 2002: 21
Jun 2002: 18
Jul 2002: 20

Data from immitracker.com
2001------------2000
Jan 28
Feb 31
Mar 32
Apr 30
May 20
Jun 16-----------------7
Jul 22----------------5
Aug 24----------------32
Sept 30----------------45
Oct 8-----------------18
Nov 31
Dec 26

Thus Historically, August, September should be a good month but October is a bad month.
 
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Great Analysis, But...

Great statistical analysis guys! But, whole bunch of old 485 cases sitting on shelf and 2002 filers are getting approvals. Even people who lied about their employment status. I won't be surprised to find people with 485 approval before 140 approval. INS, TX serves crooked people faster/better, I think.
 
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