Interpretation of Fujie Ohata's Memo

Originally posted by hdixit
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.
Click to expand...

I think you will benefit from it. Keep posted about any changes you see on last updated date.
 
Re: ohata memo concurrent filing

Originally posted by douglas


... the "spirit and intent" of the memo which supercedes the actual wording.
Click to expand...

USCIS's "Spirit" is always strong but their "flesh" (working style) is weak.

Let's see what they actually do. :confused:
 
Originally posted by Jharkhandi
m78768,

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

Sure dude.. Wish you a very best of luck! I don’t know why these employers take such idiotic decisions of not providing I-140 details.. This is the biggest reason you wouldn’t want to work for them anymore once you get your GC....

You spend so many years waiting, hoping and praying for this GC stuff.. Can’t wait to breath that freedom once you all this mess is over! Fingers crossed!
 
jharkandi

try calling the lawyer's office and ask for the receipt number not the notice . I am sure after no of calls you will find atleast someone willing to give it to you .

use your charm ..... i am sure you will be able to get it.
 
CSC Plans for Concurrent Adjudication

I don't know if all the service centers need to implement the Ohata memo in the same way or not, but CSC has announced its plans on how it will respond to the memo.

http://www.immigration.com/newsletter1/soc042804.html

Three extremely important points have been spelled out:

1 - If your concurrently filed application is already in the pipeline, and the 140 is not yet approved, your case will apply under the new memo.

2 - If your 140 is already approved, your case will not apply under memo, even if it was originally filed concurrently.

3 - The 140 and 485 do not have to be submitted on the same day to be considered concurrent. If the 485 was filed after the 140 and the 140 is still not adjudicated, then your case is considered concurrent.

Again, this doesn't mean that this is how VSC or any of the other service centers will work.
 
here is a part of the same article,kind of scary...
-------------------------------------------------------------------
One Processing Time Report date for I-140s filed as stand alone and concurrent filings

According to the center there would be one PTR date for I-140s filed as stand alone and concurrent filings. But, if the case is a concurrent filing, the I-140/I-485 packet will be pulled when the I-485 is adjudication ready regardless of the fingerprints and/or name checks have cleared. If the I-485 is not adjudication ready, the I-140 will not be pulled for adjudication based on the I-140 processing date.

-------------


hope i am wrong
 
yikes

that has me a little worried too.....still however uscis should not screw over earlier applicants. id be v suprised if they did....
 
Re: CSC Plans for Concurrent Adjudication

mustbepatient
how did u deduced that those interpretations are from CSC?

Thanks

Originally posted by mustbepatient
I don't know if all the service centers need to implement the Ohata memo in the same way or not, but CSC has announced its plans on how it will respond to the memo.

http://www.immigration.com/newsletter1/soc042804.html

Three extremely important points have been spelled out:

1 - If your concurrently filed application is already in the pipeline, and the 140 is not yet approved, your case will apply under the new memo.

2 - If your 140 is already approved, your case will not apply under memo, even if it was originally filed concurrently.

3 - The 140 and 485 do not have to be submitted on the same day to be considered concurrent. If the 485 was filed after the 140 and the 140 is still not adjudicated, then your case is considered concurrent.

Again, this doesn't mean that this is how VSC or any of the other service centers will work.
Click to expand...
 
If the service centers follow what "mustbepatient" has collected, it would mean that the cases where 140 is already approved are "screwed" (pardon my language). And, this was the expected behaviour, as stated by some others (in this thread or elsewhere).

I am one of them. My 140 was approved last month. FP done. Waiting for 485. And, it seems that the tunnel is getting longer and longer. Prepare for a rough journey ahead.

Good luck to you all.
 
not only that, one part of article says that "i-140 would not be pulled till i-1485 is not ready to be processed,regardless of that fact wether FP and name checks are done."

I was under impression thet i-1485 is ready to be processed when FP and name checks are done,but looks like i am wrong.

So now when i-485 is ready to be processed? 3 yrs from now?

This thing is really buggin me...

plz share ur thoughts
 
Originally posted by manoj2003
not only that, one part of article says that "i-140 would not be pulled till i-1485 is not ready to be processed,regardless of that fact wether FP and name checks are done."

I was under impression thet i-1485 is ready to be processed when FP and name checks are done,but looks like i am wrong.

So now when i-485 is ready to be processed? 3 yrs from now?

This thing is really buggin me...

plz share ur thoughts
Click to expand...

This is my interpretation:
They pick up an application from the queue. They'll try to address the 485 also alongwith the 140. But, they will decide whether 485 is ready or not based on whether the FP/sec check is done or not. If the FP is not ordered, it shall then be ordered and the application goes back to queue. It will be again picked up when the FP results are back.

Was in the middle of some coding. So, ended up with this: :D
Code: 
nextApplication	= pickNextUnProcessedAppFromConcurrentQueue(); 
      // pick the next application from	the queue whose	state is not "processed"
      // please	note that this method can pick an application randomly
140App = nextApplication.corresponding140;
485App = nextApplication.corresponding485;
fpDone = 485App.fp.done;
fpOrdered = 485.fp.ordered;

if(fpDone) {
    process140App(140App);
    process485App(485App);

    nextApplication.status = "processed";
} else {
    if(!fpOrdered) {
	orderFingerPrinting(485App);
	nextApplication.status = "fpOrdered";
    } else {
	nextApplication.status = "waitingForSecCheck";
    }

    putApplicationBackInQueue(nextApplication)
}
 
Originally posted by manoj2003
not only that, one part of article says that "i-140 would not be pulled till i-1485 is not ready to be processed,regardless of that fact wether FP and name checks are done."

I was under impression thet i-1485 is ready to be processed when FP and name checks are done,but looks like i am wrong.

So now when i-485 is ready to be processed? 3 yrs from now?

This thing is really buggin me...

plz share ur thoughts
Click to expand...

This means irrespective of fingerprints and/or name checks 485 can be considered adjudication ready. And read the line:

According to the center there would be one PTR date for I-140s filed as stand alone and concurrent filings.

This means always there will be only one PTR date, so it will takes years for adjudication.
 
thats what my understanding was, but that article rather info relesed by CIS says something else, they says "regardless of FP is done or not.." so what does that mean now?
 
Originally posted by manoj2003
thats what my understanding was, but that article rather info relesed by CIS says something else, they says "regardless of FP is done or not.." so what does that mean now?
Click to expand...

I would wait till USCIS comes with update on issue.
 
Hi Guys,

Please read this.I am from CSC.

See this update dated on 04/28/2004.


http://www.immigration.com/newsletter/updates.html#ead-1

1.For new filed cases,first they are processing I-485.
If the finger printing and name check cleared
then only they are processing I-140.
So for no portabilty chance for new filed cases!!!

In my case,i filed on march 2004.In online status only for EAD and I-485 dates are moved not I-140.But for new filed cases really pbm.Bcos from my filed date march 2004.The FP and name check clearence will take 2 years then after that only I-140 will be adjudicated together.Then in this economy how to change Jobs?Really a question????


2.For old filed cases like first I-140 and after 485.For them not this procedure.But portability chance are more for Separate filed cases!!!

Regards
Kabish
 
You must log in or register to reply here.
Top