I Dont Want I-140 Approval!

Originally posted by vee111
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
?
Click to expand...


My take is, after April 30:

A, B will continue on queue for 485

C may be moved to NEW queue (if concurrently filed)

D will stay in queue 140 (since non-concurrent). Assuming 140 not approved
 
Originally posted by ETA-GC
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
Click to expand...

Im not expert on immigration - but I think every1 who wants gc has to file 485. This includes lottery, family based immigration, blah blah..not just emp based immigration.
 
brigand,

How about this:

All filers, who have ND before the last published USCIS date, will undergo old path and cases filed after that follow new path? If not so - I see a descrimination on cases filed on same date. This maybe a reason why they are hurriedly pushing date froward(so that work load is lessened.).
 
question on 140/485 concurrent adjudication

brigand u have a interesting thoery, can u pls explain this

i filed my I-140 in march 2004 concurrent filing.
Planning to file 1-485 not sure which is better for me... file it right away before april 30 OR file in may.

questions
what does concurrent filed cases after april 30 mean , does it mean only those cases filed after april 30 will be considered concurrent cases.OR all the cases from the day the concurrent process was started (somewhere around last quarter of 2002).

if i file I-485 in may will i be in the queue where I-140/I-1485 will be adjudicates concurrently, pls note i already filed my I-140 in march 2004 and from what i understand for the new adjudicattion process I-140 date controls the adjudication process.
so is it only for those cases who file I-140/I-485 AFTER APRIL 30 qualify for this adjudication process. if i dont qualify how abt saving some money...if i do qualify can u pls expalin.??
 
Originally posted by Jharkhandi
brigand,

How about this:

All filers, who have ND before the last published USCIS date, will undergo old path and cases filed after that follow new path? If not so - I see a descrimination on cases filed on same date. This maybe a reason why they are hurriedly pushing date froward(so that work load is lessened.).
Click to expand...

I dont think I completely agree. There has been discrimination on cases filed on same date. My ND is 05/08/03, no approval.....but several ppl after me got 140 approval.

My take is, when the case worker pickep up my case and saw that I was concurrently filed, with FP complete, she transferred my case to NEW process. She did not bother with adjudication.
 
Re: question on 140/485 concurrent adjudication

Originally posted by U_take_it_easy
brigand u have a interesting thoery, can u pls explain this

i filed my I-140 in march 2004 concurrent filing.
Planning to file 1-485 not sure which is better for me... file it right away before april 30 OR file in may.

questions
what does concurrent filed cases after april 30 mean , does it mean only those cases filed after april 30 will be considered concurrent cases.OR all the cases from the day the concurrent process was started (somewhere around last quarter of 2002).

if i file I-485 in may will i be in the queue where I-140/I-1485 will be adjudicates concurrently, pls note i already filed my I-140 in march 2004 and from what i understand for the new adjudicattion process I-140 date controls the adjudication process.
so is it only for those cases who file I-140/I-485 AFTER APRIL 30 qualify for this adjudication process. if i dont qualify how abt saving some money...if i do qualify can u pls expalin.??
Click to expand...


Firstly, why didnt u file your 485 along with 140 in March 04? My take is filing the 485 now is not going to make a big difference in your case.


I'll try to explain this, using my queue analogy. Assume that I am plannning to file my 140/485 application today. I have two options:

Option 1: If I file today, I will be placed in 140 line. Finally, when my turn comes through regular 140 processing, they will realize my concurrent and move me to the 140/485 queue....which means delay and time lost. So unless some case worker is actively weeding out concurrent cases from 140 queue, ur case might be delayed longer than usual...

Option 2: When I file 140/485 AFTER APRIL 30th , the window of concurrent is open and ready to accept concurrent applications. Which means, I will directly be placed in 140/485 queue. I wont even be aware that a 140 queue and 485 queue exist.

<this is really complicated>
 
Originally posted by brigand
Im not expert on immigration - but I think every1 who wants gc has to file 485. This includes lottery, family based immigration, blah blah..not just emp based immigration.
Click to expand...

This is a good point -- hadn't thought of all the non-employment based 485's which are in the system...

The trackers that I've seen on this site have generally only followed employment based applications.

ETA
 
Last edited by a moderator:
Originally posted by brigand
My take is, after April 30:

A, B will continue on queue for 485

C may be moved to NEW queue (if concurrently filed)

D will stay in queue 140 (since non-concurrent). Assuming 140 not approved
Click to expand...

Well, knowing the USCIS, it sounds like this *could* be the approach that they'll take...

The question then becomes "what percentage of the VSC resources will go to each queue?". If the C queue got about as much attention as the others, I can see people getting their I-140 / I-485 more quickly (which I guess was your original point :)).

ETA
 
Question

Brigand,

Where would I be (which Q):

ND: 09/22/03 (both 140 & 485)
FP : Not yet recd notice

From the new online account I found my case was last updated on 09/25/03.

Any insight from my other seniors would be welcome.

Thanks,

Yeppo
 
for yeppo

Yeppo, similar case as mine.

ND: 9/15/03~EB2
No FP, I-140 & I-485 Pending for approval

My take based on the now famous Brigand Q theory (which is quite well explained!) is that we should find a place in the I-140/I-485 new Q.

As someone said in one of the notes above, this "migration from one Q to another" might be a one time process that would be carried out to place the concurrent filers from the I-140 Q to the I-140/I-485 Q.

As for what happens from April 30 onwards - CIS might just place you in one of the three Q's based on how you are applying - I-140, I-485 or Concurrent.

Am I close, Brigand?
 
Last edited by a moderator:
Re: for yeppo

Originally posted by rigas
Yeppo, similar case as mine.

ND: 9/15/03~EB2
No FP, I-140 & I-485 Pending for approval

My take based on the now famous Brigand Q theory (which is quite well explained!) is that we should find a place in the I-140/I-485 new Q.

As someone said in one of the notes above, this "migration from one Q to another" might be a one time process that would be carried out to place the concurrent filers from the I-140 Q to the I-140/I-485 Q.

As for what happens from April 30 onwards - CIS might just place you in one of the three Q's based on how you are applying - I-140, I-485 or Concurrent.

Am I close, Brigand?
Click to expand...

Absolutely. I couldnt have put it better!
 
Another point

If my queue analogy is correct, then the guys in 485 queue should be furious - since there is a good chance of further delay in 485 approvals!!


If these message boards are any indicators to reality, take a look at the 485 discussions. You will find members either furious or depressed because they are anticipating further delays in adjudication!!

I would rather wait on 140/485 queue and get concurrently approved than get 140 approval and join 485 queue
 
Hi brigand
Nice theory. I hope its correct.

My ND is also 05/08/03( for 140/485) . FP on 3/13/04 and I140 not approved. So I guess I am in same Q as urs.
 
Here's an except from a report on immigration-law.com

"Obviously, the concurrent adjudication appears to start with the new I-140/I-485 concurrent filing cases which are received on or after April 30, 2004, even though the concurrent adjudication may reach old cases in the "unknown future." It is thus evident that those who wish to benefit from the new concurrent I-140/I-485 adjudication may hold off filing of the concurrent I-140/I-485 package until after April 29, 2004 such that they pay the new filing fees and file the cases on or after April 30, 2004. The increased fees are minimal considering the enormous benefit they will receive from the "concurrent adjudication" of I-140/I-485 filing. You'd betcha, it will be worth the money!!!"

I actually emailed this attorney about how he reached his conclusion. He didn't give me a direct answer but rather asked me to ask my own attorney - as he puts it "your attorney should know what's going on based on all the memos and minutes etc." It seems to me that he's implying that there is some other relevant documentation other than the memo we have on this site. In any case, it would be unthinkable that he is lying about this though...

IMHO, people who filed their cases concurrently 4-5 months ago and haven't yet got I-140 approval are in a dilemma. If their cases will be moved to the new queue, it may mean another 6 month(?) , 1 year or more of waiting, and forget about AC21 and keep worrying about their job security. Or, if their cases stay where they are, they may be delayed even more by the implementation of this new policy. The idel scenario of course is getting cases moved to the new queue and ajusted in 6 months or less, but it just sounds too good to be true.
 
What about the increased fee

Brigand and others,

There has been this issue of increased fee for the new applications at the same time that the procedures are being changed. Can this imply that *ONLY* those concurrent applicants that apply after the new fee goes into affect will benefit from these?

Nothing I read anywhere gives me a comforting feeling about this for those of us who are already in the Q .. and waiting.
 
Q theory...

Brigand,

Your Q theory is very interesting, But still I am confused as I am not sure in which Q I will fall. I have applied the I-140 last month and about to apply 485 from NSC.

Can I get benefit of this law?. Do we need to file the both I-140 and 485 together for this new memo?. Can someone let me know.

If I can;t use this new memo as I filed seperaltly, Is it possible to cancel the current I-140 and submit both together ... :confused:

Thanks
kapoor
 
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