Interpretation of Fujie Ohata's Memo

Eac?

Thanks ETA. I looked at I-797C, Notice of Action, but I can only find receipt number that starts with SRC. Is this the same one? This is the receipt of my I-140.
 
Yes, it's the Receipt Number (in the upper left usually afaik). But, EAC-xx-xxx-xxxxx is for the Vermont Service Center (VSC) -- it looks like you are at the Texas Service Center (SRC-xx-xxx-xxxxx) -- better switch over to that forum :).

ETA
 
It seems slow.

I have a feeling Oct 01, 2003 means something for VSC in this whole process. Why else will published dates converge on this one?

Also it is worth noting that VSC has almost stopped approving 140s. Are they making changes?
 
go fujie go.........

06/02/2004: Concurrent Adjudication (I-140 + I-485) Guidance of USCIS HQ

As we reported earlier, on March 31, 2004, the USCIS issued a memorandum to the Service Centers to adjudicate concurrently for the concurrently filed I-140 and I-485. Accordingly, people may assume that since about May 1, 2004, the Service Centers have been processing concurrently filed I-140/I-485 cases separately and differently from the I-485 cases which were filed alone. Following are the guidance for concurrent adjudication of concurrently filed I-140+I-485 cases under the memorandum:
In the Service Center processing times reports, the concurrently filed I-485 processing time coincides with the I-140 processing time. In other words, for these filers, they should keep track of I-140 processing time and not I-485 processing time in the bi-weekly official processing time reports of the Service Centers. For them, I-485 processing time is the same as I-140 processing time. Meanwhile, those who filed I-485 separately should keep track of I-485 processing times in the bi-weekly reports.
For the concurrent adjudication filers, I-140 petition and I-485 application always stay together. This will result in two consequences: First, since I-140 is not adjudicated separately, the previous procedure of prima facie review of I-140 eligibility is more or less removed and discouraged. Second, in order for the I-485 adjudication to be completed in the same pace with the I-140 adjucation, the Service Centers will accelerate the name check and fingerprint job vigorously.
Actual adjudication of I-140+I-485 will not take place until I-485 application is ready to be adjudicated after completing the name check and fingerprint. Therefore, the concurrent adjudication files remain on the shelf until they are ready to be adjudicated together.
When it reaches actual adjudication process, the adjudicators are required to review both I-140 petition and I-485 application. In other word, if the adjudicator needs to issue RFE for I-140, the adjudicator should also determine whether another RFE should be issued for I-485, should there be the RFE issues in the I-485 application. If the petitioner (employer) fails to respond to I-140 RFE or to meet the eligibility requirement, the adjudicator will deny both I-140 and I-485. On the other hand, should the I-140 petitioner be successful in responding to the I-140 RFE and satisfies eligibility requirements, the adjudicator should approve the I-140 petition no matter whether I-485 applicant has successfully responded to the I-485 RFE. If the I-485 applicant fails to meet the RFE requirement, such I-485 will be denied, and more likely the petitioner will receive the I-140 approval notice and the alien will receive I-485 denial notice.
Plus side and Minus side of Concurrent Filing and Concurrent Adjudication: The big plus will be the processing times. If we look at the I-140 processing times, even though each Service Center differs, the average I-140 processing time is approximately one (1) year. It means that in the concurrent adjudication cases, people will get green card approval within one year or less. Then what is minus? What else, AC 21 180-day rule of change of employer. Since the alien can not change employment until after the I-140 petition is approved, those who lose the job will face a potential denial of the green card opportunity.
 
looks like nothing significant is happening in VSC related to the meme. I have seen a lot of Oct 03 140 approvals lately. Its good that 140 are still moving
 
interesting thing happening at VSC
Heard from few friends that if you have applied for your 3rd EAD, then CIS is directly approving the 485 application rather than approving the 3rd EAD. I guess this is a part of their strategy to reduce backlog. I have heard a few 485 approvals ranging from oct - dec 02 where 3rd EAD triggered the 485 approvals.
 
Jharkhandi said:
Looks like brigand's 2 Qs have started working. Let us hope speed continues!
Click to expand...
Very intresting note by INS to congress states that It is planning to reduce I140 time to 8 months in FY2004 and I485 to 20 Months

So clearly it shows INS has no idea of implementing Fuji memo, as I485 and I140 has diffrent processing time, If it is conncurrent processing either it should be 20 Months for I140 or it should be 8 Months for I485, ( Not in my dreams also :rolleyes: )
 
Just a thought...

This is a very good forum to share your views and information. I have learned a lot from these forums and like everyone else I too went through the pangs of labor certification and now trying to sail through this I140/I485 Ocean. I usually refrain from writing posts as I know that I have very limited knowledge on facts related to immigration but sometimes you read some posts and you just can’t hold yourself back from replying.
I understand the difficulties faced by all of us (stories about employer exploiting etc), but at the same time I think we should give USCIS credit for the work they are doing or have undertaken. In how many countries do you think any department or government will even care to listen to plight of people like us (let alone device a strategy to reduce our pain).
Many of us feel that USCIS is obligated to give us green card and that its ‘they’ who need us and not us who need them. If that’s the case, then just leave your job, go back to your country and wait for the call from uncle Sam saying ‘I just can’t go on without you…’
Finally, here are my two cents on this Memo and other initiatives at USCIS:
1. As per recent communications from USCIS (memos, announcements, releases etc), they define backlog as cases pending with them for more than 6 months.
2. FOM will not be implemented for cases which were filed before April 30 2004 at VSC. The random cases which are getting approved and appear to be result of FOM are just some test cases.
3. In next 3 months, VSC will try to reach their target specified for 2004 i.e. 20 months for I485 and 8 or 6 months for I140.
4. In or around Sep 2004, people who filed for I140/I485 after April 30 2004 will start getting FP notices, along with people who filed for I485 after Feb 2003.
5. So, people who filed I140/I485 after April 30 will start getting their approved I140/I485 from Oct 2004 (within or near 6 months target set by USCIS).

I may be optimistic but what else can I do :)
 
I agree 110% ... one of smartest post so far

templabor said:
This is a very good forum to share your views and information. I have learned a lot from these forums and like everyone else I too went through the pangs of labor certification and now trying to sail through this I140/I485 Ocean. I usually refrain from writing posts as I know that I have very limited knowledge on facts related to immigration but sometimes you read some posts and you just can’t hold yourself back from replying.
I understand the difficulties faced by all of us (stories about employer exploiting etc), but at the same time I think we should give USCIS credit for the work they are doing or have undertaken. In how many countries do you think any department or government will even care to listen to plight of people like us (let alone device a strategy to reduce our pain).
Many of us feel that USCIS is obligated to give us green card and that its ‘they’ who need us and not us who need them. If that’s the case, then just leave your job, go back to your country and wait for the call from uncle Sam saying ‘I just can’t go on without you…’
Finally, here are my two cents on this Memo and other initiatives at USCIS:
1. As per recent communications from USCIS (memos, announcements, releases etc), they define backlog as cases pending with them for more than 6 months.
2. FOM will not be implemented for cases which were filed before April 30 2004 at VSC. The random cases which are getting approved and appear to be result of FOM are just some test cases.
3. In next 3 months, VSC will try to reach their target specified for 2004 i.e. 20 months for I485 and 8 or 6 months for I140.
4. In or around Sep 2004, people who filed for I140/I485 after April 30 2004 will start getting FP notices, along with people who filed for I485 after Feb 2003.
5. So, people who filed I140/I485 after April 30 will start getting their approved I140/I485 from Oct 2004 (within or near 6 months target set by USCIS).

I may be optimistic but what else can I do :)
Click to expand...
 
templabor said:
This is a very good forum to share your views and information. I have learned a lot from these forums and like everyone else I too went through the pangs of labor certification and now trying to sail through this I140/I485 Ocean. I usually refrain from writing posts as I know that I have very limited knowledge on facts related to immigration but sometimes you read some posts and you just can’t hold yourself back from replying.
I understand the difficulties faced by all of us (stories about employer exploiting etc), but at the same time I think we should give USCIS credit for the work they are doing or have undertaken. In how many countries do you think any department or government will even care to listen to plight of people like us (let alone device a strategy to reduce our pain).
Many of us feel that USCIS is obligated to give us green card and that its ‘they’ who need us and not us who need them. If that’s the case, then just leave your job, go back to your country and wait for the call from uncle Sam saying ‘I just can’t go on without you…’
Finally, here are my two cents on this Memo and other initiatives at USCIS:
1. As per recent communications from USCIS (memos, announcements, releases etc), they define backlog as cases pending with them for more than 6 months.
2. FOM will not be implemented for cases which were filed before April 30 2004 at VSC. The random cases which are getting approved and appear to be result of FOM are just some test cases.
3. In next 3 months, VSC will try to reach their target specified for 2004 i.e. 20 months for I485 and 8 or 6 months for I140.
4. In or around Sep 2004, people who filed for I140/I485 after April 30 2004 will start getting FP notices, along with people who filed for I485 after Feb 2003.
5. So, people who filed I140/I485 after April 30 will start getting their approved I140/I485 from Oct 2004 (within or near 6 months target set by USCIS).

I may be optimistic but what else can I do :)
Click to expand...

Nice post. Not sure if I can agree to all your points. Here is the extent to which I could have agreed on your optimism:

1. Agree.
2. Date has to be no later than April 01, 2004 as memo specifically mentions effective upon signing.
3. VSC is very close on that and I feel you are perhaps correct. The test would be if 140 dates rush towards April 2004.
4. Yeah around that time, I have a different feeling about time - I think it will start a little early. But that won't matter.
5. Almost there, except dates again.

Indeed a very good analysis and a very apt post. Keep it up!
 
templabor said:
This is a very good forum to share your views and information. I have learned a lot from these forums and like everyone else I too went through the pangs of labor certification and now trying to sail through this I140/I485 Ocean. I usually refrain from writing posts as I know that I have very limited knowledge on facts related to immigration but sometimes you read some posts and you just can’t hold yourself back from replying.
I understand the difficulties faced by all of us (stories about employer exploiting etc), but at the same time I think we should give USCIS credit for the work they are doing or have undertaken. In how many countries do you think any department or government will even care to listen to plight of people like us (let alone device a strategy to reduce our pain).
Many of us feel that USCIS is obligated to give us green card and that its ‘they’ who need us and not us who need them. If that’s the case, then just leave your job, go back to your country and wait for the call from uncle Sam saying ‘I just can’t go on without you…’
Finally, here are my two cents on this Memo and other initiatives at USCIS:
1. As per recent communications from USCIS (memos, announcements, releases etc), they define backlog as cases pending with them for more than 6 months.
2. FOM will not be implemented for cases which were filed before April 30 2004 at VSC. The random cases which are getting approved and appear to be result of FOM are just some test cases.
3. In next 3 months, VSC will try to reach their target specified for 2004 i.e. 20 months for I485 and 8 or 6 months for I140.
4. In or around Sep 2004, people who filed for I140/I485 after April 30 2004 will start getting FP notices, along with people who filed for I485 after Feb 2003.
5. So, people who filed I140/I485 after April 30 will start getting their approved I140/I485 from Oct 2004 (within or near 6 months target set by USCIS).

I may be optimistic but what else can I do :)
Click to expand...


I agree with you. When I come across people on H1 who think USA will not run without them, I am shocked at their arrogance and ignorance.
 
templabor said:
This is a very good forum to share your views and information. I have learned a lot from these forums and like everyone else I too went through the pangs of labor certification and now trying to sail through this I140/I485 Ocean. I usually refrain from writing posts as I know that I have very limited knowledge on facts related to immigration but sometimes you read some posts and you just can’t hold yourself back from replying.
I understand the difficulties faced by all of us (stories about employer exploiting etc), but at the same time I think we should give USCIS credit for the work they are doing or have undertaken. In how many countries do you think any department or government will even care to listen to plight of people like us (let alone device a strategy to reduce our pain).
Many of us feel that USCIS is obligated to give us green card and that its ‘they’ who need us and not us who need them. If that’s the case, then just leave your job, go back to your country and wait for the call from uncle Sam saying ‘I just can’t go on without you…’
Finally, here are my two cents on this Memo and other initiatives at USCIS:
1. As per recent communications from USCIS (memos, announcements, releases etc), they define backlog as cases pending with them for more than 6 months.
2. FOM will not be implemented for cases which were filed before April 30 2004 at VSC. The random cases which are getting approved and appear to be result of FOM are just some test cases.
3. In next 3 months, VSC will try to reach their target specified for 2004 i.e. 20 months for I485 and 8 or 6 months for I140.
4. In or around Sep 2004, people who filed for I140/I485 after April 30 2004 will start getting FP notices, along with people who filed for I485 after Feb 2003.
5. So, people who filed I140/I485 after April 30 will start getting their approved I140/I485 from Oct 2004 (within or near 6 months target set by USCIS).

I may be optimistic but what else can I do :)
Click to expand...

1. I don' think nobody is questioning the intentions of USCIS

2. Agree

3. Not to take away from above post i think some good analysis was done on someother threads in VSC I485 thread. While nobody is questioning the intent ( atleast most of us ) there was good analysis which was done saying is that it might be practically impoosible for USCIS to acheive that Date because right now they are at Feb 02 for I485 .so in 3 months time they have to process almost one year worth of applications .

For I140 that may be possible provided they won't take away the resources for something else.

4. Right now i think FP are stuck at June 03 . so it is really tough to say on what basis they are issuing FPs. You might be right but i doubt it

5. i don't think so because by end FY 05 they want it to be 15 months so by Sep 05 the processing date should be around may/June 04 unless they start issuing FPs for those guys
 
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