Interpretation of Fujie Ohata's Memo

Thats funny.... Will there be any further problem If we withdraw I140. What reason we can give INS to withdraw 140. If it is possible, Lot of us withdraw and re-submit application. Isn't it?.

thanks
kapoor.

Originally posted by Jharkhandi
File concurrent this time. Or if you are going to stay with old employer - withdraw 140 and file it again.

I have one more argument:

XYZ travels back in time to 2003 and files 140 from VSC. Then files 485 after lawyer gets 140 reciept. Now XYZ gets one approved labor and files 140 from NSC. After that he travels to 2004, gets 140(NSC) approved and tells his lawyer to substitute 140. Then he claims it is concurrent as 485(VSC) was filed when 140(VSC/NSC) was not approved. And substitution of 140(NSC with VSC) is legal and conforms to the fact that it is equivalent to original 140. Goes to Ohata and says - get me my GC NOW. I AM CONCURRENT FILER.

But this is just a story - thankfully time travel is not possible. :eek:
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My 140 was filed about a month before the 485 application, my lawyer says it will be considered concurrent application.

If not, and if what Jharkandi says is true, then I am in deep sh...!! coz my 140 got approved recently. This is injustice if they don't consider my case as concurrent and delay it!!!

Joyd
 
Joyd,

I guess not all lawyers are good. I heard different opinion from different lawyers. If your I-140 is already approved, I believe you can't get benefit of new memo. I am sorry to disappoint you, please check there are couple threads which address your case.

Thanks
Kapoor.

Originally posted by joyd
My 140 was filed about a month before the 485 application, my lawyer says it will be considered concurrent application.

If not, and if what Jharkandi says is true, then I am in deep sh...!! coz my 140 got approved recently. This is injustice if they don't consider my case as concurrent and delay it!!!

Joyd
Click to expand...
 
good things can also be a pain.. sometimes...

Jharkhandi et al,
it seems from the discussion in this thread, this fujie ****er's
memo is applicable to me.
i filed for I140/I485 concurrently in USCIS CA [ EB2 Oct 3rd]. got my EAD card.done with my FP on April 7th. it seems that if INS applies this rule to all the pending Concurrent filings of I140 and 485, i might get approval in the range of 6 months right ? .

But the problem for me is that i am not married and i cant get
married in such a short notice. I dont know if there is any way
in which i can delay my I485 approval but have my I140 approved
so that i can enjoy the AC21 portability benifits.

any suggestions are obviously welcome..

thanks
~
Crazion
 
140 is the trigger

Like everyone, I am attempting to understand the memo, and my interpretation is that the big difference will be whether or not your 140 has been approved yet, as that will be the trigger for concurrent adjudication.

What I mean is that when the 140 is picked up to be adjudicated (somewhere in the realm of the current JIT date for your category of 140), they will locate your 485 (for pre-existing files, it's been separated into a different stream), whether it was filed on the same date or not, and they will see if FP/name check has been done. If so, and everything is in order, both will be approved simultaneously. This means even if you filed concurrently last year and your 140 is still pending, you could benefit from the new policy.

If the FP etc. is not done, they will wait for that before approving either form. This normally won't be a bad thing as FP doesn't take very long, but if you are one of the unfortunate ones who gets a hit on your name check, you could be waiting a very long time. And that's where AC21 falls down, because even though your 140 criteria might all be met without problem, it has to wait for your 485 to be ready, so no portability for you.

Additionally, if you filed concurrently and your 140 has already been approved, then they will not be picking that form up again, so your 485 stays in its long line with all the other single 485s (whether they were filed at the same time as the 140, before it was approved, or after).

As has been mentioned by others, we should see before too long with the JIT (possibly not the next one, as it will only be based on cases to the end of this month).
 
Optimism, but...

Based on the trend identified in this discussion, I guess I should actually be happy that my 140 has not been approved yet (EB2, concurrently filed with RD 07/10/03, no RFE). The processing date at VSC has now gone past that date (it's sometime in 08 2003)

Everything would be perfect but for one fact - I don't believe anyone (myself included) around my ND time frame has had their FP done.

Jharkhandi's hypothesis will be borne out if I do indeed receive a FP notice in the next few weeks. If not, I guess we all need to go back to the drawing boards and come up with new hypothesis'
:D

K
 
Originally posted by xmlkapoor
Thats funny.... Will there be any further problem If we withdraw I140. What reason we can give INS to withdraw 140. If it is possible, Lot of us withdraw and re-submit application. Isn't it?.

thanks
kapoor.
Click to expand...

You do not have to give reasons to USCIS. You can just withdraw it and file with 485 same day.
 
Originally posted by joyd
My 140 was filed about a month before the 485 application, my lawyer says it will be considered concurrent application.

If not, and if what Jharkandi says is true, then I am in deep sh...!! coz my 140 got approved recently. This is injustice if they don't consider my case as concurrent and delay it!!!

Joyd
Click to expand...

Indeed unfair but that is how USCIS works! You will have to pray to get it fast. But see 485 dates will move too, once they start adjudicating concurrent one.
 
Re: good things can also be a pain.. sometimes...

Originally posted by crazion
Jharkhandi et al,
it seems from the discussion in this thread, this fujie ****er's
memo is applicable to me.
i filed for I140/I485 concurrently in USCIS CA [ EB2 Oct 3rd]. got my EAD card.done with my FP on April 7th. it seems that if INS applies this rule to all the pending Concurrent filings of I140 and 485, i might get approval in the range of 6 months right ? .

But the problem for me is that i am not married and i cant get
married in such a short notice. I dont know if there is any way
in which i can delay my I485 approval but have my I140 approved
so that i can enjoy the AC21 portability benifits.

any suggestions are obviously welcome..

thanks
~
Crazion
Click to expand...

You are standing in correct brigand Q and no doubt about it. About marriage I think Mr. brigand never mentioned any Q - so out of range of my reply.
 
Originally posted by PhillyKP
Based on the trend identified in this discussion, I guess I should actually be happy that my 140 has not been approved yet (EB2, concurrently filed with RD 07/10/03, no RFE). The processing date at VSC has now gone past that date (it's sometime in 08 2003)

Everything would be perfect but for one fact - I don't believe anyone (myself included) around my ND time frame has had their FP done.

Jharkhandi's hypothesis will be borne out if I do indeed receive a FP notice in the next few weeks. If not, I guess we all need to go back to the drawing boards and come up with new hypothesis'
:D

K
Click to expand...

It is brigand's theory about atoms - I just happened to create atom bomb for some and power plant for others. See design matters brigand! :cool:
 
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Originally posted by Jharkhandi
It is brigand's theory about atoms - I just happened to create atom bomb for some and power plant for others. See design matters brigand! :cool:
Click to expand...

Jharkhandi - as long as I get paid royalty, I dont mind you using my theory!!
:D
 
Guys,

I just asked the same question about the concurrent processing, in murthy online chat today.

See her comments ( see the attachement )

Thanks
Kapoor



Originally posted by Jharkhandi
You do not have to give reasons to USCIS. You can just withdraw it and file with 485 same day.
Click to expand...
 
Originally posted by manoj2003
I met my attorny y'day and spoke with him abt this memo, and this is what he told me, not that I am totally convinced with him but I would like to buy what he told me...I would like you guys to share your thoughts on this.

This is what he told me.

1. This memo would apply on all those cases who are filed concurrently and where there i-140 is not yet processed (not approved, no RFE) etc.
Click to expand...

I am so confused about the definition of "concurrent filing". does it mean that I-140 and I-485 are filed in one package???
if not i am frustrated by the discrimination of cis.
 
Originally posted by xmlkapoor
Guys,

I just asked the same question about the concurrent processing, in murthy online chat today.

See her comments ( see the attachement )

Thanks
Kapoor
Click to expand...

I am amazed at her poor understanding of memo and concurrent filing. We may not be correct(and we are no expert) - but she is miles away.
 
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Originally posted by zyu
I am so confused about the definition of "concurrent filing". does it mean that I-140 and I-485 are filed in one package???
if not i am frustrated by the discrimination of cis.
Click to expand...

Stay cool zyu. It is just a fact finding effort - USCIS may not do anything - you never know!
 
Hi Guys

Hi Jharkhandi,

I have seen yr message from CSC post.
I filed I-140/485 on march 25th 2004 concurrently in CSC.On april 16th 2004 i received fp notification for May 7 2004.
Does it make any sense??

From all yr posts i can't conclude anything.
Bcos my online status shows only I-485 and EAD dates moved from filing date not I-140.
What CSC is doing i dont know!!!

Any feedback welcome!!!!

Thanks
Kabish
 
You seem to be on right track. Your case is being made 485 ready. But are you sure - you are not part of pilot program?
 
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Opinion

Acording to what I learned from different sources, VSC has sent FP notices for applic with ND until mid June 2003. Both 140 EB2 and EB3 passed that date and few cases remain without 140 approved. According with your theories they will have only a few cases to approve on May 1st since the applications filled after July 2003 don't have the FP done. So what we should expect is that in May 1st or around that date is to see a lot of FP notices sent to people with ND in July-Sept 2003 maybe ... If we don't see that the second possibility is to see approvals for concurrent fillers for Aug-Dec 2002, that means they started to look first to concurent filled applic which already have 140 approved ... if this won't be the case then ... it might be that they will implement the memo only for new fillers after Apr 30 2004.

Please comment on this ...
 
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Re: Opinion

Originally posted by nemessis
Acording to what I learned from different sources, VSC has sent FP notices for applic with ND until mid June 2003. Both 140 EB2 and EB3 passed that date and few cases remain without 140 approved. According with your theories they will have only a few cases to approve on May 1st since the applications filled after July 2003 don't have the FP done. So what we should expect is that in May 1st or around that date is to see a lot of FP notices sent to people with ND in July-Sept 2003 maybe ... If we don't see that the second possibility is to see approvals for concurrent fillers for Aug-Dec 2002, that means they started to look first to concurent filled applic which already have 140 approved ... if this won't be the case then ... it might be that they will implement the memo only for new fillers after Apr 30 2004.

Please comment on this ...
Click to expand...

I would say it is going to be case of July-Sept 2003, which will be addressed first. However I feel VSC should run a pilot before going 100% into change(so that issues can be ironed out.).
 
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