Interpretation of Fujie Ohata's Memo

140 APPROVED - BUT NO FP - NO STATUS CHANGE ON 485

Hi All,

I have been reading thru all the Posts related to the Fujie memo and find real interesting view points and theories presented here.

I am therefore sharing my info/experience with respect to this

I had filed concurrently my I 140/485. Both my cases have the same RD = 06/25/03.

My I 140 was recently approved on 04/19/04.

I then proceeded to create my "Customer Account" on the USCIS web site and gave both my Case no's in my portfolio. I never got any email confirmation from USCIS.

The info. I got on both my cases is as foll -

I 140 approved on 04/19/04 - Last updateed date 04/20/04

I 485 - ? Last updated 06/30/03.

FP ? Not done yet

Going by the theories presented, I expect to get my FIRST FP notice soon. I haven't got any yet.

Also I am wondering as to why my date regarding 485 not been touched to say "Its ready to be processed" and has a current date?

It still comes down to how each individual Officer interpretes this Fujie memo.

Until and unless I see something happening on my 485 regarding FP or otherwise, I am not sure what to expect from VSC or what theory is applicable to my case.

I am ready for the long wait

Regards

Makeurpoint
 
FP and Name Clear Time

How long it takes for FP and name clear for VSC after you submit you I-485? Thanks!
 
I am loosing hope. You people are lucky to know where you stand - I even don't know which Q is mine! Trying to find from my employer.
 
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Case numbers/Date filed/if filed together etc. I hope I will find that soon. All that I know is that they are filed.

Forget it - it is long story - made non ending - courtesy USCIS!
 
Good Job Jharkhandi! Thanks for discussing the memo-now it makes more sense to immigration newbees like me.

I also understand that the memo will benefit all filers with I-140 unadjudicated as of April 1, 2004.
I just pray that there should be no RFE's .
 
Originally posted by Jharkhandi
Case numbers/Date filed/if filed together etc. I hope I will find that soon. All that I know is that they are filed.

Forget it - it is long story - made non ending - courtesy USCIS!
Click to expand...

Whom do you work for? PM me your company name and I can give you some tips to get info from the employer..
 
My I-140/485 filled together in JAN 03 --Same ND.I-140 un adjusted. As per the Memop ,I will be beneficial.
 
Originally posted by m78768
Whom do you work for? PM me your company name and I can give you some tips to get info from the employer..
Click to expand...

Thanks for offering help. I cannot disclose company name, even in pm. I would welcome any tips from you - please send me across.

I take it as challenge - sooner or later I will know EAD/AP/485 details. Now the question would be can I get my 140 case number? I think I can. If I could get LC case number from state and DOL(DOL was easy - very easy) - I think I can get it this time too.

But I will wait for your advice - feel free to pm me.

Sorry for putting pessimistic message - omit it please. It was just a state of mind. I know people are in worse situation than I am.
 
I couldnt send a PM to you since your mail box is full.

Let me ask you this..

Do you have your EAD already? If not, are you passed 90 days since you applied your EAD?
 
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I have cleaned my mailbox. But can we continue here(this may help others too - if they need it.)?

It is not 90 days for my EAD for sure. I have not got my EAD either.
 
jharkandi

i was in same situation. But i have my receipt notices if you want to knowwhat i did PM me.
 
Yes, It probably better if we discuss this here itself

If your employer is not ready to give your the receipt number of your I140, then the only way I found was to force them to give it you when you get iEAD.

Tell the employer that you went to the local INS office for your iEAD and they asked you to bring a copy of I-140 for verification. I heard from few of my friends that employers tend to provide the I-140 receipt copy if you give this reason.

I know every employer is different, but doesn’t heart to give it a try..
 
That is exactly what I also thought. Thanks, with your input, I am sure, it will work fine.

But the way things are moving on EAD date - it looks less likely that I will not be having my EAD by 90 days. Any other idea?
 
ohata memo concurrent filing

to all:

just spoke with top legal experts about this memo. this is their interpreation.....the most important aspect of the letter is the "spirit and intent" of the memo which supercedes the actual wording. do not get caught up in the actual wording. the concept that uscis is trying to implement here is accuracy and efficiency. the applications with an approved 140 but not yet approved 485 will most likely get priority over a case that has not yet received a 140 approval. the "spirit" is to look after the loose ends first, and not to just drop what they've done so far and move on to new cases received after april 30th 2004. that would not satisfy the intent of the memo. (so if you have an approved 140 and are awaiting an approved 485, you are most likely in better shape than those who do not have an approved 140/485 and a notice date in sept oct nov 2003). lets be realistic, if cases received after april 30th 2004 received priority, the customers without the 485 (or without 140/485) would have a "legal" case againt the uscis, and the uscis does not want to come under legal fire during this sensitive immigration time during an election year. bush is doing his best to get the support of the immigrant community. they are going to do things such that they do not come under fire and minimize public outcry! the legal experts explain that uscis will most likely do the following:
1. address cases with approved 140, but not yet approved 485 (and work harder to ensure these get done quickly so as to catch up and have them done according to the 140 approval date (to make them 'almost' concurrently adjudicated. please note that cases filed in mid 2002 still have not yet received 485 approval. accoding to my sources, these need to be addressed before approving any of the 2003 and 2004 applications - its just not logical and would create a lot of 'heartburn' in the system!)
2. address cases that do not yet have either 140 or 485 from 2003 and early 2004. adjudicate them concurrently according to the 140 date (if the 'loose ends' dont take too long).
3. address cases filed after april 30th 2004 and adjudicate them concurrently.
this would satisfy the intent of the legislation and more specifically the ohata memo. if we think about it for a second or two, the uscis recognizes there are problems, bottlenecks, etc.....and what they are trying to do is make the systme better, NOT worse!!

all the best, good luck to all. get and stay green!!!!
 
Everyone,

My ND: 04/01/2004 for I140/I485.

The online update shows last updated date as 04/06/2004.

I'm very curious to know if my application will be in the "Q" after March 31, 2004 or ?????????

I have been reading everyone's post regularly.

Will keep you all updated.
 
Originally posted by Jharkhandi
That is exactly what I also thought. Thanks, with your input, I am sure, it will work fine.

But the way things are moving on EAD date - it looks less likely that I will not be having my EAD by 90 days. Any other idea?
Click to expand...

You are welcome.. I have done the same and got my i-140 receipt number. :)

If you get your EAD before 90 days, what about telling the employer that SSN office asking for receipt notice? Doesnt sound right, but can give it a try...

will let you know if I can think of anything else..
 
Originally posted by m78768
You are welcome.. I have done the same and got my i-140 receipt number. :)

If you get your EAD before 90 days, what about telling the employer that SSN office asking for receipt notice? Doesnt sound right, but can give it a try...

will let you know if I can think of anything else..
Click to expand...

m78768,

Tell me if you can think of something more. I have some idea too! Wish me luck.
 
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