I Dont Want I-140 Approval!

How to get into the 140/485 Q?

Birgand,
Congrats on coming up with a concrete explanation for the vagaries on the USCIS.

Now the million $ q is ..how do we get to the 140/485 Q?

Someone had suggested that it is just random. Some of us seem to get 140' and some of us seem to get FP's even though we have all filed concurrently..

By "concurrently" ..i hope the USCIC means sending 140 and 485 together.. cos I think thats how we understand it..

Does the USCIC have any other explanation about the "concurrent" process? If we have all filed concurrently, then on what basis does the USCIS decide on who goes to the new q ?

I am beginning to think that it is not just random. all our 485 applications would probably look the same..self+ spouse, details, medical exam bla bla.. only the 140's are different for us .
cos its dependent on the 140 petioner (i.e our employers) .. there could be some parametiers like company revenue or employee size,company's age etc..which could determine who goes where.. it maybe worthwhile to explore this scenaro..

personally, i think i am in the new q ..
EAC 03 -191 - xxxx
FP done on 04/10/2004.
No 140

Also,the "Last Updated Date" on my 485 applications change everyday.. is this a bug? or is it more evidance that the case belongs to the new q ?

ppl with 140 approvals, please check ur "last updated Date" on our 485 apps and let us know..

thanks

patient_gc
 
concurrent filing...

My interpretation for concurrent filing is, filing the 485 before 140 is approved. Here is the link which gives more info.
http://www.murthy.com/news/UDconcur.html

I haven't seen anywhere that 'concurrent' processing is both 140 and 485 must be filed together.

Please correct me If I am wrong.

Thanks
kapoor
 
Re: What about the increased fee

Originally posted by rigas
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.
Click to expand...

No reason to believe that only new applicants will get the benefit.!
 
Re: Q theory...

Originally posted by xmlkapoor
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
Click to expand...

Thanks


I would suggest applying 485 asap. Dont know what u are waiting for, really.
But then again, I would wait for April 30th to see how the 'card' plays out
 
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Re: How to get into the 140/485 Q?

Originally posted by patient_gc
Birgand,
Congrats on coming up with a concrete explanation for the vagaries on the USCIS.

Now the million $ q is ..how do we get to the 140/485 Q?

Someone had suggested that it is just random. Some of us seem to get 140' and some of us seem to get FP's even though we have all filed concurrently..

By "concurrently" ..i hope the USCIC means sending 140 and 485 together.. cos I think thats how we understand it..

Does the USCIC have any other explanation about the "concurrent" process? If we have all filed concurrently, then on what basis does the USCIS decide on who goes to the new q ?

I am beginning to think that it is not just random. all our 485 applications would probably look the same..self+ spouse, details, medical exam bla bla.. only the 140's are different for us .
cos its dependent on the 140 petioner (i.e our employers) .. there could be some parametiers like company revenue or employee size,company's age etc..which could determine who goes where.. it maybe worthwhile to explore this scenaro..

personally, i think i am in the new q ..
EAC 03 -191 - xxxx
FP done on 04/10/2004.
No 140

Also,the "Last Updated Date" on my 485 applications change everyday.. is this a bug? or is it more evidance that the case belongs to the new q ?

ppl with 140 approvals, please check ur "last updated Date" on our 485 apps and let us know..

thanks

patient_gc
Click to expand...

My thought is that if your 140 was abt to be approved and your FP was thru, then u have been placed on JIT shelf.

After april 30th, ur case may be concurrently approved!

Cant wait for April 30th, to see how accurate my theory is!!!
 
I do want I-140 approval :)

So, what's wrong with having to wait for the I-485 anyway? Once you have the I-140, as long as the job with the original sponsor remains valid, or, if you use AC21 to get a similar job with a new company, you should eventually get the I-485.

On the other hand, if you don't get the I-140 and you have to wait, say, another 6+ months to get it and the I-485 together, you will be unable to use AC21 and if your company/future position goes under (or the company's financial situation blocks the I-140) then you're out of luck.

It seems to me that unless you want to leave the position for which the I-140 was done and do a job that is different from the one on the LC (which would require the green card), then there's nothing wrong with having to wait for the I-485.

Note also, that even if you get the green card (I-485 approved), you probably can't leave the sponsoring company for 6-12 months without risking the USCIS interpreting this as fraud.

So why are people wanting / willing to wait longer for the I-140 to get the I-485 at the same time?

ETA
 
Re: I do want I-140 approval :)

Originally posted by ETA-GC
So, what's wrong with having to wait for the I-485 anyway? Once you have the I-140, as long as the job with the original sponsor remains valid, or, if you use AC21 to get a similar job with a new company, you should eventually get the I-485.

On the other hand, if you don't get the I-140 and you have to wait, say, another 6+ months to get it and the I-485 together, you will be unable to use AC21 and if your company/future position goes under (or the company's financial situation blocks the I-140) then you're out of luck.

It seems to me that unless you want to leave the position for which the I-140 was done and do a job that is different from the one on the LC (which would require the green card), then there's nothing wrong with having to wait for the I-485.

Note also, that even if you get the green card (I-485 approved), you probably can't leave the sponsoring company for 6-12 months without risking the USCIS interpreting this as fraud.

So why are people wanting / willing to wait longer for the I-140 to get the I-485 at the same time?

ETA
Click to expand...

First of all - I want to get out of this GC rut as soon as possible. Im sick of wasting my time tracking 140s, 485s etc. Want to get rid of this torture once and for all

Secondly I really dont care abt job. I dont know if I want to start my own biz, move out of IT domain, anything...atleast I dont have this ball and chain around my ankle.

Thirdly, with GC, I can travel freely without any restrictions.
 
Re: Re: I do want I-140 approval :)

We said dude.... These are very common problems for all immigrants who is waiting for GC.

Originally posted by brigand
First of all - I want to get out of this GC rut as soon as possible. Im sick of wasting my time tracking 140s, 485s etc. Want to get rid of this torture once and for all

Secondly I really dont care abt job. I dont know if I want to start my own biz, move out of IT domain, anything...atleast I dont have this ball and chain around my ankle.

Thirdly, with GC, I can travel freely without any restrictions.
Click to expand...
 
Brigand,
There are no additional resources available for USCIS to open the third window for the third queue!!
They have to be accomodated in the existing 2 queues!
 
Re: Re: I do want I-140 approval :)

Originally posted by brigand
First of all - I want to get out of this GC rut as soon as possible. Im sick of wasting my time tracking 140s, 485s etc. Want to get rid of this torture once and for all

Secondly I really dont care abt job. I dont know if I want to start my own biz, move out of IT domain, anything...atleast I dont have this ball and chain around my ankle.

Thirdly, with GC, I can travel freely without any restrictions.
Click to expand...

I certainly understand the frustration (I've been at this for 5+ years myself).

But, you do realize that even once the I-485 (green card) is approved, you will need to stay with the sponsoring employer for at least 6 months (and some lawyers recommend 12 to avoid any suspicion of fraud)?

With AC21, you'd be free to move about as soon as the I-140 is approved (assuming the I-485 has been pending for > 180 days). You can work at any job you want (using EADs) as long as, prior to your I-485 being adjucated, you have a valid "future" job lined up that is similar to what was specified on the LC. Of course, once the I-485 comes through you're then back in the 6-12 month period but assuming you're with an employer that you are happy with that shouldn't be a problem.

I guess it depends on your situation as to whether you prefer:

#1 Get the I-140 soon so you'll have the protection of AC21 portability until the I-485 is approved.

#2 Have a longer delay before I-140 approved but I-485 will be approved at the same time. No AC21 (under the current rules) so if you lose your sponsorship in the meantime, you're SOL.

For someone with a ND of 10/23/03 (like me), I could have my I-140 in 1-3 months under the current system. I'd then have about a 1-2 year wait for the I-485 (no problem for me -- I can use AC21 to work elsewhere if necessary). While it would be nice to have the green card in hand, to me the key is getting the I-140 -- everything else should just be paperwork.

Alternatively, if I end up being processed under the new system, we can only speculate about the times involved at this point. The optimistic guesstimates range from 2-6 months longer than the current wait (i.e. between 3-9 months from now), but some pessimists are suggesting things won't be *any* faster under the new system...

It's kind of like the choice to do AOS instead of CP. CP can be faster (not sure if it actually is these days) but its riskier as the the whole process relies on the original sponsor's stability.

ETA
 
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Re: Re: Re: I do want I-140 approval :)

Originally posted by ETA-GC
I certainly understand the frustration (I've been at this for 5+ years myself).

But, you do realize that even once the I-485 (green card) is approved, you will need to stay with the sponsoring employer for at least 6 months (and some lawyers recommend 12 to avoid any suspicion of fraud)?

With AC21, you'd be free to move about as soon as the I-140 is approved (assuming the I-485 has been pending for > 180 days). You can work at any job you want (using EADs) as long as, prior to your I-485 being adjucated, you have a valid "future" job lined up that is similar to what was specified on the LC. Of course, once the I-485 comes through you're then back in the 6-12 month period but assuming you're with an employer that you are happy with that shouldn't be a problem.

I guess it depends on your situation as to whether you prefer:

#1 Get the I-140 soon so you'll have the protection of AC21 portability until the I-485 is approved.

#2 Have a longer delay before I-140 approved but I-485 will be approved at the same time. No AC21 (under the current rules) so if you lose your sponsorship in the meantime, you're SOL.

For someone with a ND of 10/23/03 (like me), I could have my I-140 in 1-3 months under the current system. I'd then have about a 1-2 year wait for the I-485 (no problem for me -- I can use AC21 to work elsewhere if necessary). While it would be nice to have the green card in hand, to me the key is getting the I-140 -- everything else should just be paperwork.

Alternatively, if I end up being processed under the new system, we can only speculate about the times involved at this point. The optimistic guesstimates range from 2-6 months longer than the current wait (i.e. between 3-9 months from now), but some pessimists are suggesting things won't be *any* faster under the new system...

It's kind of like the choice to do AOS instead of CP. CP can be faster (not sure if it actually is these days) but its riskier as the the whole process relies on the original sponsor's stability.

ETA
Click to expand...

ETA-GC,

AC-21 is about portability of 485. So it has same risk wheather you use it after filing concurrently or later on pending 140. With AC-21, clear definition of job change is there along with time when you can do it. In early days when there was no such guideline lawyers used to say 6 months or 12 months. Now it is clear that 6 months of filing is enough in eyes of USCIS. Also it is very tough to revoke any GC.

Guess we should have never visited Murthy chat it was sheer waste of time.
 
Re: Re: Re: Re: I do want I-140 approval :)

Originally posted by Jharkhandi
ETA-GC,

AC-21 is about portability of 485. So it has same risk wheather you use it after filing concurrently or later on pending 140. With AC-21, clear definition of job change is there along with time when you can do it. In early days when there was no such guideline lawyers used to say 6 months or 12 months. Now it is clear that 6 months of filing is enough in eyes of USCIS. Also it is very tough to revoke any GC.

Guess we should have never visited Murthy chat it was sheer waste of time.
Click to expand...

I can't argue with any of the above but my point was that under the new guidelines, you won't be able to use AC21. AC21 currently requires that the I-140 be approved. If the I-140 and I-485 are now going to be approved at the same time, AC21 can't be used for those cases.

That said, IMO they should probably have changed AC21 to not require the I-140 to be approved (just 180 days of the I-140 / I-485 pending). This will be moot if they get the processing time for I-140/I-485 down to less than 180 days under the new guidelines, but I'm not holding my breath :).


ETA
 
my opinion

it seems that ac21 will become obsolete, if ins adjudicates i 140 and i 485 together:

first: can not use ac21, since it is necessary to have the I 140 approved and the I 485 pending for more than 180 days

second:ac21 is not required, after I 485 approval, you are free to work with whomever you choose ( although most lawyers recommend working for sponsoring company at least 6 months after 485 approval )

Advantages: if ins improves the proccesing times, the time it will take for both applications ( I-140 and I 485 ) will be determined by the I 140 proccesing date ( for EB3 cases is aug 6th 2003 )
not holding my breath on this, but hey....let's not stop dreaming !!!


Disadvantages: If you get fired or you sponsoring company goes down ............dont want to even think about it....

If ins takes longer to process concurrently filed applications, there wont be any I 140 approvals, which are needed to use ac21 law......

Thats my opinion...............any other thoughts????????


:)
 
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...


Brigand,

Looks like Sheela Murthy is mad at you !:D :D :D
 
just spoke with top legal experts re ohata memo

to all:

just spoke with top legal experts about this memo. this is their interpreation.....the most important aspect of the letter is the "spirit and intent" of the memo which supercedes the actual wording. do not get caught up in the actual wording. the concept that uscis is trying to implement here is accuracy and efficiency. the applications with an approved 140 but not yet approved 485 will most likely get priority over a case that has not yet received a 140 approval. the "spirit" is to look after the loose ends first, and not to just drop what they've done so far and move on to new cases received after april 30th 2004. that would not satisfy the intent of the memo. (so if you have an approved 140 and are awaiting an approved 485, you are most likely in better shape than those who do not have an approved 140/485 and a notice date in sept oct nov 2003). lets be realistic, if cases received after april 30th 2004 received priority, the customers without the 485 (or without 140/485) would have a "legal" case againt the uscis, and the uscis does not want to come under legal fire during this sensitive immigration time during an election year. bush is doing his best to get the support of the immigrant community. they are going to do things such that they do not come under fire and minimize public outcry! the legal experts explain that uscis will most likely do the following:
1. address cases with approved 140, but not yet approved 485 (and work harder to ensure these get done quickly so as to catch up and have them done according to the 140 approval date (to make them 'almost' concurrently adjudicated. please note that cases filed in mid 2002 still have not yet received 485 approval. accoding to my sources, these need to be addressed before approving any of the 2003 and 2004 applications - its just not logical and would create a lot of 'heartburn' in the system!)
2. address cases that do not yet have either 140 or 485 from 2003 and early 2004. adjudicate them concurrently according to the 140 date (if the 'loose ends' dont take too long).
3. address cases filed after april 30th 2004 and adjudicate them concurrently.
this would satisfy the intent of the legislation and more specifically the ohata memo. if we think about it for a second or two, the uscis recognizes there are problems, bottlenecks, etc.....and what they are trying to do is make the systme better, NOT worse!!

all the best, good luck to all. get and stay green!!!!
 
Douglas, this makes sense. Hope they are really serious about reducing the backlog, we have been burnt in this tiring wait, first 2+ years for labor certification and now 2 years in 485, it's just ridiculous.

Joyd
 
full steam ahead

joyd:

i couldnt agree with you enough. the light at the end of the tunnell is getting really bright. its going to be a sunny summer 4 u! full steam ahead!
 
Re: full steam ahead

Originally posted by douglas
joyd:

i couldnt agree with you enough. the light at the end of the tunnell is getting really bright. its going to be a sunny summer 4 u! full steam ahead!
Click to expand...

Let's hope that the bright light isn't from a large train coming towards us :D.

ETA
 
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