485 PROCESSING DURING MAY
The number of iGATE Capital operating company employees who received I-485 approval during May was 30, down sharply from April\'s bumper crop of 50. Congratulations to the new permanent residents.
Of the 30 approvals a half-dozen did not receive an RFE, whereas three employees received two RFE\'s. The balance received a single RFE. Four I-485\'s were approved without the necessity for an amended I-140 EB3 petition.
All of the 30 approvals had been filed in 1999. Two were filed in July, eighteen in August, nine in September and one in December. As you may recall, August of 1999 was the month when the Indian EB3 cutoff date first became "current". Consequently, that was Mastech\'s record month for I-485 filings.
While 80 employees\' patience was finally rewarded during April and May, many have been told their I-485 applications have been placed on indefinite "hold" pending the issuance of INS Central Office guidance on the subject of "I-140 portability," which was created by the October AC21 statute. These "holds" are in error. Our employees\' I-485 applications are controlled by the long-standing ""successor -in-interest" doctrine whereby an amended I-140 petition is required. The AC21 statute did not change the "successor-in-interest" doctrine. Therefore, there is no reason for the Vermont Service Center to "hold" iGATE Capital employees\' I-485 applications pending the issuance of an interpretation of the statute. Apparently some, but not all, Vermont Service Center adjudicators are confusing "successor-in-interest" with "I-140 portability".
Finally, the new INS "premium processing fee" applies only to nonimmigrant (temporary) visa petitions and not to I-485 applications.
The number of iGATE Capital operating company employees who received I-485 approval during May was 30, down sharply from April\'s bumper crop of 50. Congratulations to the new permanent residents.
Of the 30 approvals a half-dozen did not receive an RFE, whereas three employees received two RFE\'s. The balance received a single RFE. Four I-485\'s were approved without the necessity for an amended I-140 EB3 petition.
All of the 30 approvals had been filed in 1999. Two were filed in July, eighteen in August, nine in September and one in December. As you may recall, August of 1999 was the month when the Indian EB3 cutoff date first became "current". Consequently, that was Mastech\'s record month for I-485 filings.
While 80 employees\' patience was finally rewarded during April and May, many have been told their I-485 applications have been placed on indefinite "hold" pending the issuance of INS Central Office guidance on the subject of "I-140 portability," which was created by the October AC21 statute. These "holds" are in error. Our employees\' I-485 applications are controlled by the long-standing ""successor -in-interest" doctrine whereby an amended I-140 petition is required. The AC21 statute did not change the "successor-in-interest" doctrine. Therefore, there is no reason for the Vermont Service Center to "hold" iGATE Capital employees\' I-485 applications pending the issuance of an interpretation of the statute. Apparently some, but not all, Vermont Service Center adjudicators are confusing "successor-in-interest" with "I-140 portability".
Finally, the new INS "premium processing fee" applies only to nonimmigrant (temporary) visa petitions and not to I-485 applications.