I Dont Want I-140 Approval!

B

brigand

Registered Users (C)
I want concurrent adjudication on my case!!!

RD: 04/28/03
ND: 05/08/03
Fp:03/../03


Sheila Murthy has her undies in a knot. Nowhere does it say that only cases filed after April 30th will be adjudicated concurrently. There is no reason to believe that 140s will be delayed to 485 processing dates (instead it states the other way round)

After reading the memo a zillion times, I am confident that my case is waiting to be adjudicated concurrently. This process kicks in only after April 30th.. I have a relatively stable job. I can wait for a couple of months to get my GC rather than 140 approval..
 
but do u think it is going to be couple of months extra wait period?i-485 processing time is feb 2002, wouldn't that be 3 yrs? or may be more?


also, it does not say that only cases filed after april 30th 2004 would be processed together, it says this law comes into the action after april 30th 2004 (thats wht my understanding is, unless u have some info which i do not,if so plz do share with me)
 
Why do u assume the worst that 140 will be processed as per 485 dates (feb 2002). Why cant u believe that 485 cases will be expedited to 140 dates!!

After April 30th, the PROCESS (no change in law) of concurrent adjudication will begin
 
:D Good to see atleast someone is dreaming.Remember the Bureaucracy ,always suvives is because people think that they are changing the "process" ,only problem is that they cause bottleneck somewhere else in the system.
 
Originally posted by brigand
I want concurrent adjudication on my case!!!

RD: 04/28/03
ND: 05/08/03
Fp:03/../03


Sheila Murthy has her undies in a knot. Nowhere does it say that only cases filed after April 30th will be adjudicated concurrently. There is no reason to believe that 140s will be delayed to 485 processing dates (instead it states the other way round)

After reading the memo a zillion times, I am confident that my case is waiting to be adjudicated concurrently. This process kicks in only after April 30th.. I have a relatively stable job. I can wait for a couple of months to get my GC rather than 140 approval..
Click to expand...

What makes you think that it will only be a couple of months? I'm totally guessing here, but from what I can tell, forcing I-140's to wait until the I-485 is ready to be adjucated could easily add 6-9 months (or longer) to the wait. e.g. -- before the I-140 can be handled, the I-485 fingerprinting will have to be done (have you done this yet?). As a worst-case scenario, I-485's could end up taking just as long as they do now, which means a 2 year wait.

Sounds like this is fine if you have a stable job (although is anyone's job really stable past 1-2 years). I'd personally rather get the I-140 and be allowed to change to a more stable situation (if necessary) via AC21.

As I've mentioned elsewhere, it really sounds like AC21 should be changed so it's allowed prior to the I-140 being approved if it's been pending for > 6 months or so.


ETA
 
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Brigand:
Assuming you are correct and 485 dates will be moved forward to match 140 dates, can you estimate how long it will take to process roughly 2.5 years worth of 485s? A hell of a lot more than 2 months. And what resources are going to be used for this? The same ones that are now processing 140s. Which means the backlog is going to continue growing.
I think it is highly optimistic (i.e. a dream) to assume that this change in the process will only affect approvals by a couple of months.
 
for vee11

just wanted to remind you that consurrent filing did not exist 2.5 yrs ago. I think it kicked in in 2003. so tha backlog wouldn't be 2.5 yrs but approx. a year.
 
I think you people are missing the point. brigand is correct in theory - 140 processing time will control the overall processing as per the memo.

Well the practical side is to be seen.

The separately filed cases will be processed in old way. So the effect of backlog will be felt by separate filers and people with approved 140.

Hope it helps.
 
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Here is my response to the skeptics

1. Im hoping u have read the memo

2. From all the 485 cases - only a fraction of those are CONCURENTLY filed EB1/EB2/EB3 cases!!

3. I am NOT suggesting that ALL 485s will be cleared....only CONCURRENTLY filed 485s will be expedited.

4. I think they must have handpicked few EB1.eb2.eb3 cases that are 'concurrent adjudication capable'. Those cases have received FP notices. After April 30th, they will start knocking off those applications concurrently. T

5. The cases that have not been handpicked are still going to suffer the



Imagine standing at the Immigration lines at the airport. There are 2 queues - 140 and 485

Previous process
1. First u stand at the 140 queue, get approval, then move to 485 queue, get approval, then get GC

Changes since July 2002
1. Stand in 140 queue, place a dummy in 485 queue. After 140 approval, replace dummy in 485 queue. After approval, get GC


New process

New window opening up with new queue. This window issues 140/485 approvals concurrently.

So now u have 3 queues - 140, 485, 140/485

All candidates that are currently waiting in 140 queue and have a valid dummy placed in 485 queue will form the new line at '140/485' window.

Impact of this is that 140 queue and 485 queue will reduce.


I believe Im one of the guys that has been lined up in the 140/485 queue. Window opens on April 30th. My line is not very long (since not many ppl ahead of me).



Conclusion

First check which line u are standing in - 140, 485 or 140/485......
 
brigand

do you mean people, who after successful a 140 approval replaced their dummies in 485 queue, continue to stand in 485 queue?????

my case...

140 approved
fp not yet
485 in queue

which queue is mine????
 
brigand, I hope you are right!

ND I-140/I-485: 6/5/03
FP: 3/11/04
Catagory: EB2

My I-410 was last updated on 4/19/04. Mine and my wife's I-485 being updated almost daily with the following msg -

On April 23, 2004, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.

Come April 30th, I hope they aprove my case concurrently. Gurus any comment.
 
Re: brigand

Originally posted by PHSESAaug
do you mean people, who after successful a 140 approval replaced their dummies in 485 queue, continue to stand in 485 queue?????

my case...

140 approved
fp not yet
485 in queue

which queue is mine????
Click to expand...

'place a dummy' means concurrent filing!!

Since ur 140 is approved, u r in 485 queue
 
Originally posted by gc80
brigand, I hope you are right!

ND I-140/I-485: 6/5/03
FP: 3/11/04
Catagory: EB2

My I-410 was last updated on 4/19/04. Mine and my wife's I-485 being updated almost daily with the following msg -

On April 23, 2004, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.

Come April 30th, I hope they aprove my case concurrently. Gurus any comment.
Click to expand...


Thats the same with my case
 
interesting points in memo:

1. Eligibility for Just in time self:
Already filed or those who will file after 30th April shall be eligible for this? or is it something what we have been calling all along 'Triggers' ??

2. Denial of both 140 and 485 if query is not responed in time:
This is scary!!! imagin one is in India enjoying long vacation on AP/valid H1,and there is a query on I485.Since I485 is for beneficiary and not petitioner,I think our presense in US is important for any I485 RFEs


3. Serice Center officials , in their discretion may discontinue to do a prima facie review on concurrently filed cases or modify scope of review for (I140/485/131/765)
This is something I have not understood. If they discontinue , would it save processing time and reach our file to JIT shelf quicker???

and top of it, unless they increase the GC cap, how can they give GC to each and everyone in short time? I think GC cap for EB3 category is 30,000/Year.

I think it is better to have I140 approval instead of being caught in Mouse Trap...



I140 ND 12/3/03
I485/131/765 ND 1/27/04
AD -??


--
In CIS We Trust. God Bless Us
 
Originally posted by gc80
brigand, I see yr location is Chicago... why are you in Vermont not Nebraska?
Click to expand...

long story...basically company didnt give me a choice!! Had to take what I got
 
Originally posted by brigand
2. From all the 485 cases - only a fraction of those are CONCURENTLY filed EB1/EB2/EB3 cases!!
Click to expand...

Just wondering how you concluded this? From the 2003 tracker, it looks like 90+% of these were filed concurrently. I'm guessing that up to half of the people with a ND in 2002 are filed concurrently (concurrent processing started in 2002, right?).

Assuming your queue theory is correct (it sounds like this could be the way it will work according to the memo etc.), the limiting factor here is the number of people in the I-485 queue who filed concurrently. Sure, if you think that there are very few of these, this might help but afaict, at least 50-90% of these overall are going to be ahead of people (like me) who are currently in the I-140 queue.

BTW, assuming they don't change the AC21 rules (e.g. to allow this even if the I-140 isn't approved), this seems to make CP look like a more attractive option assuming those waiting times are reasonable. Probably not worth changing over to this though as it can take quite a while to do this.

ETA
 
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from murthy.com

per an attorney from murthy.com`

"The USCIS memo regarding concurrent adjudication of I-140s and I-485s seems to apply to cases filed from this point forward, and not to previously filed cases. It is too early to tell exactly what the ramifications will be. Hopefully the USCIS's promise to speed up adjudication of concurrently filed I-140s and I-485s will hold true, without adversely impacting any other cases that have already been filed. However, it is possible that as the USCIS focuses its resources on concurrently filed cases, the processing times for other cases might increase."

I don't think they should discriminate among people who had filed concurently ( 140 approved, 140 not approved but FP done...etc) till 04/30/2004....

that 's probably why murthy feels it is for cases filed after apr 30th..however this does not gaurantee such cases will be approved in a yr or so !!!
 
Re: from murthy.com

Originally posted by PHSESAaug
per an attorney from murthy.com`

"The USCIS memo regarding concurrent adjudication of I-140s and I-485s seems to apply to cases filed from this point forward, and not to previously filed cases. It is too early to tell exactly what the ramifications will be. Hopefully the USCIS's promise to speed up adjudication of concurrently filed I-140s and I-485s will hold true, without adversely impacting any other cases that have already been filed. However, it is possible that as the USCIS focuses its resources on concurrently filed cases, the processing times for other cases might increase."

I don't think they should discriminate among people who had filed concurently ( 140 approved, 140 not approved but FP done...etc) till 04/30/2004....

that 's probably why murthy feels it is for cases filed after apr 30th..however this does not gaurantee such cases will be approved in a yr or so !!!
Click to expand...

I'm not a lawyer (and I didn't sleep at a Holiday Inn Express last night :)) but I've seen nothing in any of the information that has circulated to date to indicate that the new guidelines apply only to newly filed cases. I've read the USCIS memo and the Murthy bulletin several times and nowhere is a distinction made between applications filed before or after 04/30 -- this simply seems to be the date when the new rules go into effect.

I find it hard to believe they would penalize people who have already filed -- this would be patently unfair. Unfortunately, that's not to say that it can't happen :(.

ETA
 
Brigand:
I am trying to understand the implications of this memo, so please bear with me. There are primarily 4 categories of people:

A. 140 approved, FP taken, No 485
[There are ~1 year of applications in this queue?]
B. 140 approved, no FP, No 485
[Maybe ~1 year of applications here too?]
C. 140 not approved, no FP, No 485
[~9 months of applications before apr 30, 2004?]
D. Non-concurrent
[Maybe 20% of all applications after July 02?]

Let's just consider concurrent cases since the new memo impacts only these.

Using your analogy of the immigration lines,
CURRENTLY:
A, B - Queue for 485
C - Queue for 140

What do we think will happen after April 30?

Either
A, B, C - Join new queue for 140/485
Old 140 & 485 queues exists only for D
or
C - New queue for 140/485
A, B - remain in old 485 queue
or
A, B - remain in old 485 queue
old C - remain in old 140 queue
new C filed after apr 30 - New queue for 140/485
?
 
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