Interpretation of Fujie Ohata's Memo

On what bases are you guys saying cases filed after "April 30 2004" will be picked up for FOM.
What are the basis for selecting this date ?
 
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FOM is not implemented

I am sure, after two months of its coming out nothing has been implemented on FOM. In fact this memo seems to have got lost in the more politically and statutory important memos/initiatives like backlog reduction, which also are nothing but daydreams. In this forum, we optimists keep on speculating few sporadic events as the implementation. Let us talk facts and figures. I put three basic rules of FOM for tests to find if it is being implemented.
1. Memo is effective on signing would mean that process specified in this memo will be effective on signing, not that 140/485 received after that will be treated differently after that. In fact there was a clarification later on concurrency, which made clear all the pending cases also fall in this bucket. There was never a clarification that only cases after so-and-so date will fall in this category.
2. As per memo, for concurrent cases, even if 140 is ready for approvals it will wait for 485 readiness and both of them will be Approved together.
Therefore if any one says that the memo is being implemented, should give proof that 485 were also approved with all approved 140s. With all 140s, not with one odd case. As I cannot think of any way of partial implementation of FOM, either FOM is implemented or not implemented. Partial implementation theories can be speculations only. The data at immigrationwatch site proves the point that FOM is not implemented. Look at the recent approvals. Notice dates of these approved 140 and 485 do not have any match. In this forum also, I have not heard many concurrently approved cases.

!!!!!!!! RULE 3 !!!!!!!!!!!!! I do not know how many of eligible us, have tried to use third important rule of this memo, that after implementation (i.e. 4/30/04) concurrently filed 485 processing will merge with 140 and they will be tracked in the 140 queue. That means Concurrently filed EB2-3 cases older than 9/23 (30 days prior to the current date of processing) have right to ask for the status of not only their140 but also of 485 !!!!!!!!!!!!! If some one has tried this, then the answer will tell us if FOM is implemented or not.
 
Omaha Memo - AC21

Have not seen anyone discussing AC21 portability as a consequence of Omaha Memo. Currently AC21 portability is conditioned to 180-day of pending 485 AND approved 140. Under Omaha Memo, 140 is not going to be approved until 485, AND if the whole deal is taking more than one year (the current 140 approval time at TXC), then our risk is higher with this new process in face of layoff. Is my understanding correct?
 
May be this will help some of us

Hi,
My I-140 (EB )R) was approved on June 9th, 2004. The ND date was May 31st,2002. I was issued a notice for FP#2 on June 28th for scheduled appointment in August, 2004. I got them done this week, since I have waited long enough. I believe that if my FP1 were up-to-date , I would have gotten both approvals at the same time. I was unlucky to have FP1s that were 18 month old (15 months is the limit). I have seen a case approved on June 9th, 2004 for both I-140 and I-485 (fatlady in EB OR).
I think they are doing their best to speed up old cases. I hope that my file is not burried under tons of other files after this mishap: FP1 being too old.
This is a semi concurrent case. I filed I-485 in November 2002. It is now going on its 20 months and hoping for the best.
MZGH.
 
New Interpretation of FO memo?

I am pretty close to finish the scan for my last update for VSC 2003 by sampling scanning (see the previous results in I485 forum) and so far a pretty big surprise: until late April-begining of May - TONS OF TRANSFERS - somewhere between 10%-25% from all aplications were transfered to local offices in the last 2 weeks. For example in a day of ~500 applic, last week 110 were transfered. It looks like this is the way USCIS is reducing the backlog, moving the applications to local offices. I remember in the backlog reduction plan they said something about redistributing the resources ... and it looks like this is what is happening now. From all the theories posted here nobody predicted this. If the situation continues in this way in August they will have in Q less that 20% from the initial applications at VSC, 80% will be at local offices for another 1 year of waiting (or more). There are a few approvals though ... I wonder what's the criteria for transfers. Any ideas?
 
Ohata memo - any signs at all ?

Friends,

Have there been any initial signs at all that would indicate whether VSC has been impacted by the Ohata memo, either positively or adversely?

How real is the possibility that CSC's pilot program will be extended to the VSC ?

Any thoughts, comments ?
 
Jharkhandi said:
Unless VSC plans to approve everyone in EB2 as per FO memo, time for 140 approvals for EB2 has come.
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Why are you saying this? Any conclusions you have drawn from some data?
 
OK dazzling,

Here is how it goes:

First wave of 485 approvals is in 2002 - already showing Oct 2002 approvals. With the speed that it is moving - it will come to an end in another month or less. 2003 wave is continuing but needs FP to clear 485s. So high time for FPs to come in. This is rationale behind FPs. And FPs have started!

Now, when first wave will be over - we will see adjudication as per FO memo. The anticipated time will be(rightly pointed out by templabor) Oct 2004. Why Oct 2004? Cause it is start of new year for USCIS - that is the last point till which they will implement FO memo or they won't(belv me - they will).

So if they do not show PTR to be March/April 2004 for both EB2 and EB3 - the load on 2004 wave will be too high. In a way - 2004 wave will leave approved EB2 and EB3 for 2003 wave. To show PTR of such a date EB2 has to move fast - real fast.

VSC is going pretty nice if they do so - it will be a happy situation for everyone - some folks will get AC21 and other concurrent approvals. Well ofcourse I cannot see future - this is meant only for folks who apply till Oct 2004.

The people who will be in suspense will be April 2004 ones. They will be one who will face most as it happened with their EAD and AP.
 
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One thing I surely agree to is VSC is going fast .. really fast right now. And only VSC is doing this. I hope all this continues. :)
 
Looks like EB2 140 has started:

http://www.immigrationportal.com/showthread.php?t=138083

EB2 NIW folks please report your cases too. It is real challenge to predict NIWs.

We will, hopefully, not need any more speculation for start of FO memo. But still you have a chance to guess a good date. Sincerely, I think VSC has done most reasonable workaround among all service centers.

Do not want other service center folks to get upset - so I will save my speculations for the time being - no pms on the issue please!
 
Jharkhandi said:
Looks like EB2 140 has started:

http://www.immigrationportal.com/showthread.php?t=138083

EB2 NIW folks please report your cases too. It is real challenge to predict NIWs.

We will, hopefully, not need any more speculation for start of FO memo. But still you have a chance to guess a good date. Sincerely, I think VSC has done most reasonable workaround among all service centers.

Do not want other service center folks to get upset - so I will save my speculations for the time being - no pms on the issue please!
Click to expand...

VSC has forgotten NIW for a long time. now the backlog is reaching another milestone: 2 YEARS!!!
 
Jharkhandi said:
OK dazzling,

Here is how it goes:

First wave of 485 approvals is in 2002 - already showing Oct 2002 approvals. With the speed that it is moving - it will come to an end in another month or less. 2003 wave is continuing but needs FP to clear 485s. So high time for FPs to come in. This is rationale behind FPs. And FPs have started!

Now, when first wave will be over - we will see adjudication as per FO memo. The anticipated time will be(rightly pointed out by templabor) Oct 2004. Why Oct 2004? Cause it is start of new year for USCIS - that is the last point till which they will implement FO memo or they won't(belv me - they will).

So if they do not show PTR to be March/April 2004 for both EB2 and EB3 - the load on 2004 wave will be too high. In a way - 2004 wave will leave approved EB2 and EB3 for 2003 wave. To show PTR of such a date EB2 has to move fast - real fast.

VSC is going pretty nice if they do so - it will be a happy situation for everyone - some folks will get AC21 and other concurrent approvals. Well ofcourse I cannot see future - this is meant only for folks who apply till Oct 2004.

The people who will be in suspense will be April 2004 ones. They will be one who will face most as it happened with their EAD and AP.
Click to expand...

Hi JK,

Whats the worst case scenario for April 2004 I-140 Filers?
 
What is the deal

Hi,

I have never posted on this forum and have been reading it regularly. What I want to understand is what will happen when VSC finishes I-140 till april 30th for EB3 category. Will we start seeing concurrent approvals for 140 and 485 or the rush of I-140 approvals will go on. Does this memo apply to cases filed after april 30th 2004. Any thoughts?
 
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