if (ND of 140 < ND of 485), is it called Concurrent?

A

AllIAskedWas1GC

Registered Users (C)
Hello Friends:

It has been very informative and helpful reading some of your comments.

I am still curious whether 140 filed 15-20 days earlier than 485/AP/EAD (ND of 140 < ND of 485/AP/EAD) is considered as concurent or seperate?

Thanks
 
Concurrent has not been defined by USCIS. However there are two popular understanding about concurrent:

1. 485 is applied based on pending 140's notice.
2. 458 and 140 filed in one go - same day.

USCIS specifies on 140 form if it is concurrent or not.

However much talked about memo by Fujie Ohata seems to accept only point 2 as concurrent filing.
 
Originally posted by Jharkhandi
Concurrent has not been defined by USCIS. However there are two popular understanding about concurrent:

1. 485 is applied based on pending 140's notice.
2. 458 and 140 filed in one go - same day.

USCIS specifies on 140 form if it is concurrent or not.

However much talked about memo by Fujie Ohata seems to accept only point 2 as concurrent filing.
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I was completely frustrated by CIS. why do they keep distracting the attention by just doing some cosmetic things without touching the real issue: reducing the backlogs.

like the concurrent filing the concurrent adjudication will do nothing to reduce the waiting times to get GC. the only difference is that we now will get the delays of I-140 and I-485 together instead of I-485 itself.

it is just another way for CIS to fool the applicants. the fact is that they are not willing to do anything materially that will help reduce the backlogs.

It is a nightmare.
 
I would not necessarily agree with that statement. Atleast when you file concurrent, you can get EAD and advance parole, which comes in very handy for people whose six years have expired. Also, people can use AC21 to change jobs after 6 months of filing I-485, once they have I-140 approved.

I think that it is one small step in the right direction.
 
Originally posted by badabing
I would not necessarily agree with that statement. Atleast when you file concurrent, you can get EAD and advance parole, which comes in very handy for people whose six years have expired. Also, people can use AC21 to change jobs after 6 months of filing I-485, once they have I-140 approved.

I think that it is one small step in the right direction.
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The point I am trying to make is that they always avoid the REAL ISSUE AT THE FIRST PLACE by introducing additional complicated rules which will only ease the tension temporarily but do no good to reduce the waiting time in the long run!!!


If I-140 can be adjudicated in 2-3 months like a few years ago, why do you need to file concurrently??? the problem is that they avoid the real issue of reducing I-140 backlogs by introducing concurrent filing to ease the tension!!! They are not solving the problems!!!

I did not disagree that you can get some benefits by concurrent filing. But the point is that if they could reduce I-140 backlog at the first place (which they are obviously not willing to) nobody needs those benefits.


If they can truly concurrent adjudicate I-140 and I-485 or possibly just combine the two forms in one in the future that will definitely improve the efficiency. i am optimistic on that. but i am afraid old filers may not benefit from it
 
If you file I-485 after I-140 appproval, case is not considered concurrent.

All other type of submission (485 with 140 or 485 using 140 notice) are considered concurrent (140/485).
 
Originally posted by usnycus
If you file I-485 after I-140 appproval, case is not considered concurrent.

All other type of submission (485 with 140 or 485 using 140 notice) are considered concurrent (140/485).
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I have a practical question. if CIS is to adjudicate I-140 and I-485 concurrently, when they pull out my I-140 how could they know that i also filed my I-485 (I-485 was filed after I-140) since the receipt number is not in my I-140 application package???
 
1. First of all, does concurrent filing mean that if CIS hits your 140 case, they may be making progress on your 485 too. OR Does concurrent filing just helps one to live in this country without any more H1 extensions and let's one use AC21 if need be.

2. Secondly, if 485 filed before 140 approval is considered concurrent, I have the same question as zyu, how does CIS trigger 485 process? How does CIS have any kind of link between the 2?
 
Originally posted by AllIAskedWas1GC
1. First of all, does concurrent filing mean that if CIS hits your 140 case, they may be making progress on your 485 too. OR Does concurrent filing just helps one to live in this country without any more H1 extensions and let's one use AC21 if need be.

2. Secondly, if 485 filed before 140 approval is considered concurrent, I have the same question as zyu, how does CIS trigger 485 process? How does CIS have any kind of link between the 2?
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CIS is not going to separate I-140 and I-485 in the future. so the future filers would not have these problems. but it is a very messy situation for the old filers.
 
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