Important news: INS Restricts Portability Eligibility in Concurrent Filings.

M

MEOW_MEOW

Registered Users (C)
I read this info in another website.

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According to the AILA source and the information shared at Wednesday's meeting, the INS has indicated that the I-140 will not be adjudicated until the I-485 is adjudicated. Furthermore, the INS has taken the position that this portability can only be enjoyed by an applicant for adjustment of status whose I-140 petition has been approved. Since applicants for adjustment who apply pursuant to their new ability to file concurrent I-140 and I-485 filings will not have an approved I-140 during the pendency of the adjustment, these applicants will NOT be eligible for the benefits of Section 106(c).
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I don't understand this in entirety, but I think there is something
adverse...

Guys, please post your views!
 
MEOW_MEOW

I guess it say's that one will not be eligible for AC21 if I-140 is pending. AC21 includes a provision (§106(c)) which allows for a change in employment (in the same or similar profession) in cases of lengthy adjustment adjudications.

INS is saying that if I-140 is still pending then one has to wait for untill it's get approved to change employment under AC21....even if it has been more than 180 since you have filled 485.

May someone can clarify more....
 
MEOW_MEOW

I have started similar thread in "Labor Certifications" section with name "INS Restricts Portability Eligibility"...Check that one also for updates.....
 
Not TRue

How come people in csc service centre got there cases approved for i-140 most of them were concurrent filers
 
Hi guys,

I have a question, which would help me decide wether to go for concurrent process or not?

I heard that in concurent processing both i-140& i-485 get adjudicate at the same time is it True?

But in CSC i-140 are getting approved first and then it is going to a next step
this is the only service centre where results are coming out for concourrent filling application so please respond what is the process in case of concurrent filling and also read this article does this make any sense.


http://www.usvisanews.com/memo1851.html

INS Restricts Portability Eligibility in Concurrent Filings

We received some new and somewhat surprising information from Madeline Garcia following her attendance at an American Immigration Lawyers Association (AILA) South Florida luncheon on Wednesday (September 17th). Among the wealth of information she absorbed was the information relating to portability in the context of concurrent I-140/I-485 filings.

As you may be aware, AC21 includes a provision (§106(c)) which allows for a change in employment in cases of lengthy adjustment adjudications. What this allows for is the substitution of a new sponsor and offer of employment (in the same or similar profession) into a pending adjustment application if the I-485 has been filed and remained unadjudicated for 180 days or more.

Many of you have been writing to us asking us a couple of important questions such as:

1. Will the I-140 still be processed first?
______ - AND -

2. How will concurrent filing work in the context of I-485 portability?


According to the AILA source and the information shared at Wednesday's meeting, the INS has indicated that the I-140 will not be adjudicated until the I-485 is adjudicated. Furthermore, the INS has taken the position that this portability can only be enjoyed by an applicant for adjustment of status whose I-140 petition has been approved. Since applicants for adjustment who apply pursuant to their new ability to file concurrent I-140 and I-485 filings will not have an approved I-140 during the pendency of the adjustment, these applicants will NOT be eligible for the benefits of Section 106(c).

This information may change in the future since regulations have not been drafted. However, INS' comments highlight significant implications for many prospective concurrent applicants and reinforce that the new concurrent filing option, though very appealing, may not be for everyone.
 
I really don't know what is going on....

But, refer to a similar thread in "Labor Certifications" section with name "INS Restricts Portability Eligibility". It was opened by Usnycus .... It has some good tips....
 
I-140 approval

Hello I-140 Gurus,

Please let me know, if any of you, have successfully done the following kind of case.

Case: We want to file for I-140 in California Service Center using substitute labour certificate which is approved in Texas by Texas Service Center. Job location mentioned on labour certificate is Texas.

Reason: California Service Center is much faster than Texas Service Center. Also, applicant is on H1 visa residing in bayarea, California and working for a client who is also in bayarea, California. Applicant's employer's head-quarter is Houston, Texas; however employer has a branch office in Bayarea, California.

Thanks,
Neelakshi

rupalic@TurnAroundStrategies.com
 
I have been following this thread very closely and wanted to put my understanding of the situation using an example. I would appreciate your comments on this.

Prior to the Concurrency process, I would first file for I-140, waited............................................ In about 6-8 months I may get my I-140. I would then complete my I-485 forms and send it in and then again waited....................for another 180 days. I would have had to wait for at the least of 1 year from today, for the AC21 portability issue to come into play for me, right?

Now the new Concurrency filing. Based on the existing processing times, my I-140 will still take 6-8 months, however, my I-485, which would have taken another 1 year, now comes with 6-8 months after the I-140. So effectively what it means is that in a year from now, instead of thinking of portability, I may have an approved I-485 with me.

My question to you all is which of the two processes is better? Is the portability after 180 days really an issue? I do understand that it may be an issue for people who may get laid off. But for them, they should still have an approved I-140 and an I485 that has been filed for over 180 days isn’t it.

What am I missing here? Please let me know, I will really appreciate it. I do need to understand this.

Thanks
 
My 2 cents worth...

This is what *I* think with logic that would make sense....

Let's say someone applies for I-140 January 1st, 2003 and a couple of months later, that person applies for a concurrent I-1485 - which will be on March 1st, 2003. In this case, assuming the I-140 approval comes on June 1st (after 6 months of filing), if the I-485 is still pending, then perhaps the person will be eligible for I-485 portability on Septmeber 1st 2003, which is 6 months since the filing of I-485. So the actually portability will take effect 2 months after the I-140 was approved. According to the older rule, the person would've been required to wait 6 months after I-140 approval. So the concurrent filing does help in saving time. There are plenty of things in I-485 that could be done sooner and are not dependent on I-140.

Does my theory make sense?
 
Is it TRUE???

I heard from a friend of mine that his lawyer told him that INS is not exactly processing the I-140/I-485 concurrently. They are receiving all the documents. They process the I-140 and only after completing the I-140, do they start the I-485t processing. That is one of the reasons why people are getting their I-140 approved despite the fact that they concurrently filed.

Has anyone else heard of this or is my friend trying pulling my leg???
 
wrong wrong...

Dude,,,,
I filed concurrently on sep 13th and I got my FP notice last week to go to INS local office(CSC, San jose) and give my FP on OCT 29th..
Guess ur friend is just pulling ur leg. FP is noway related to 140..Makes sence??
 
Makes sense

It definitely makes sense to get some stuff done parallely (from I-485), which is not dependent on I-140. So getting FP done would save time.
 
timing for concurrent filing

If I-140 cannot be adjudicated until I-485 is adjudicated, can we still assume it takes 6-8 months to get I-140 approved? Could it take much longer than that?

Does anyone know for sure how AC 21 portability works for concurrent filing? When I-140 is approved, does the INS start to count day 1 then or add back the days after I-485 is filed?

Thanks.
 
not true . There are plenty of approvals of I140 in 485 Nebraska concurrent filers thread in this portal. so do't worry and file your 140 and 485 togather.
 
All...

I-140/485 Concurrent Filing Rule Clarification

When the INS launched the concurrent filing procedure, there were a few questions which had not been answered by the INS. The following are the clarification by the INS HQ as of now:

a) Processing of the Concurrently Filed I-140 and I-485: The INS bifurgates the proceedings. Initially it was unclear, but the INS HQ confirms that the two are processed separately. Therefore, I-140 will be first adjudicated as separate from I-485, and the Service Centers will issue Receipt Notice and Approval Notice as if I-140 was filed independently. This decision helps the people who need to utilize 180-day change of employer rule under AC 21 since the I-140 Receipt Notice will be issued early on. Additionally, the Service Centers are targetting to adjudicate such concurrently filed I-140 form 60 days to 90 days.

b) Availability of 180-Day Rule of AC 21 Pending I-140 Petition:
The INS has yet to make decision on this issue and both the INS HQ and all the Service Centers decline to answer this question as of now. This is a situation where the decision of concurrently filed I-140 takes more than 180 days for whatever reasons.
 
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