Interpretation of Fujie Ohata's Memo

J

Jharkhandi

Registered Users (C)
Link to Fujie Ohata Memo on concurrent adjudication:

www.immigration.com/newsletter1/servcenterinstoni140i485.pdf

Upon publication, then legacy Immigration and Naturalization Service (INS) and subsequently U.S. Citizenship and Immigration Services began accepting concurrently filed I 140s and I-485s as well as 1-485s associated with still pending I-140s.

This clearly says that concurrent filing is one which was accepted in same day/same packet. Also brigand's 2 Q theory(not three) is correct. Refer to:

http://www.immigrationportal.com/showthread.php?threadid=123723&perpage=15&pagenumber=1

For purposes of measuring and reporting local processing time for these forms, the local I-140 processing time will control. A concurrently filed I-485 will no longer be tracked based upon the local I-485 processing time.

More specifically - timings will be decided by 140 processing time. NSC has already stated that the time of 140 processed individually and one of concurrent will be kept close to each other.

Concurrently filed I-140/1-485 will be processed based upon the 1-140 receipt date. However, when a concurrently filed application/petition package is on the Just in Time (JIT) shelf and ready for adjudication, only those concurrently filed application/petition packages in which the 1-485 is adjudication ready (fingerprints and name checks have cleared) will be pulled and sent to adjudications.

The basis of counting days will be receipt date of USCIS. USCIS for all practical purpose considers ND as its receipt date. The RD that we talk about is one when contractors receive the documents.

Service Center Directors, in his/her discretion may discontinue to do a prima facie review on concurrently filed cases or modify the scope of the review.

Prima facie review may continue as deemed fit.Not that it will be abolished.

This memo is effective upon signing; however service centers are allowed a thirty-day start up period to address practical and implementation issues.

The memo is effective Mar 31, 2004 onwards. Service centers are allowed to address only practical and implementation issue - I understand that this implies ' how to implement' rather than 'when to implement'! and the beneficiaries would definitely be concurrent filers beginning date April 01, 2004 and onwards.


Who else is going to benefit?

Leave it open for discussion.


NOTE: BOLD LINES ARE FROM FUJIE OHATA'S MEMO, OTHERS ARE MINE.
 
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For purposes of measuring and reporting local processing time for these forms, the local I-140 processing time will control. A concurrently filed I-485 will no longer be tracked based upon the local I-485 processing time.

This means that there will be a single reported time for a concurrently filed 140/485, and this will be the time for processing of the I-140. Approval of the 140 would imply the approval of 485 as well.

the beneficiaries would definitely be concurrent filers beginning date April 01, 2004 and onwards

If people who applied before Apr 1 are not included, this means the first approvals with this new queue will only be seen when FP and name checks are done for applicants of Apr1 and after. This could take a while (2 months?). If this hypothesis is true, we will see few to no approvals of concurrently filed 140/485 in the next one month.
 
concurrent filing...

Guys,

Can someone please tell me what is concurrent filing?. Does it mean I-140 and 485 should be filed together ( on same day )?. What happens if 485 is filed after 140 is filed and 140 is not approved?. Don't we call this as concurrent filing.

My I-140 is filed March 25th 2004 and I haven't filed the 485 yet as I am waiting for my birth certificates. Obviously my 140 is not yet cleared. If I file my 485 in May first week, Do I get benfit of this new memo?.

I really appreciate If some one shred some light here as it is really confusing.

Thanks a lot guys
kapoor.
 
Re: concurrent filing...

Originally posted by xmlkapoor
Guys,

Can someone please tell me what is concurrent filing?. Does it mean I-140 and 485 should be filed together ( on same day )?. What happens if 485 is filed after 140 is filed and 140 is not approved?. Don't we call this as concurrent filing.

My I-140 is filed March 25th 2004 and I haven't filed the 485 yet as I am waiting for my birth certificates. Obviously my 140 is not yet cleared. If I file my 485 in May first week, Do I get benfit of this new memo?.

I really appreciate If some one shred some light here as it is really confusing.

Thanks a lot guys
kapoor.
Click to expand...

As per this memo it does not seem concurrent.
 
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Originally posted by vee111
For purposes of measuring and reporting local processing time for these forms, the local I-140 processing time will control. A concurrently filed I-485 will no longer be tracked based upon the local I-485 processing time.

This means that there will be a single reported time for a concurrently filed 140/485, and this will be the time for processing of the I-140. Approval of the 140 would imply the approval of 485 as well.

the beneficiaries would definitely be concurrent filers beginning date April 01, 2004 and onwards

If people who applied before Apr 1 are not included, this means the first approvals with this new queue will only be seen when FP and name checks are done for applicants of Apr1 and after. This could take a while (2 months?). If this hypothesis is true, we will see few to no approvals of concurrently filed 140/485 in the next one month.
Click to expand...

All I said was that DEFINITELY concurrent filers beginning date April 01, 2004 and onwards - I never said only filer begining April 01, 2004! Also read last two lines. I have always accepted that some other people will also benefit.

Now does practical and implementation issue include setting a cut-off date by individual centers or mode of transformation etc?
 
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Heard on a local desi radio station(NJ) someone asked a nice attorney, who comes every Monday.

His bet is that

1. It is going to be applicable to all concurrently filed pending cases.
2. Time taken will be 7 months on an average for all such cases.

I had the same feeling on both the issues, except that I felt it is going to be under 6 months by July 2004.(They should start working on Jan 2004 cases by then.).

One point which I felt confuses people is 3-4 news that came one after other and people are confusing between them. One is the increase in fees. And interpretation from most of the wise people has been that only people who are going to benefit will be those who pay additional fees. If that be the case then scores of people should never get benefit! There should be no border patrolling etc.

I opened this thread so that people can pour their opinion - please feel free to participate - you never know - you maybe one who could strike right point!
 
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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.

2. All resources dedicated to i-485 applications for these type of cases would be taken off and would be relocated to the package (i-140+1485).

3.There would be only one processing date which would be i-140 processing date, when your i-140 processing date would reach so that when your I-140 app is on JIT and would be pulled for the processing, they would have to review i-148 at the same time.

4. At this time if they find that your FP is done and Name check is done, they would assume thet i-485 is ready to be proceesed and then they would process ur i-140 and i-485 together.

5. If they find that ur i-148 is not ready for the process, so that ur FP etc is not done, they would try to make ur i-485 ready for the process, so that , they would schedule your FP etc and then would process your case.

6. He thinks that they may complete the case in i-140 time + 2 months of time, reason he gives is that some resources would be free from i-485 cases, also he says (did not confirm sources thought) that they may not work on EAD and AP applications and those resources would be used to work on packages,though he says that i-EAD would be in place.

7. So he gave me an example, he says that lets says your i-140 EB3 ND date is Sep 26th, Right now they are working on Aug 6th's cases, so aprox 50 days from now your Package would be on JIT, they would take your package and first check i-485, lets says they find it is not ready to be processed as FP is not done, so they would schedule your FP right away, lets say u get ur FP notice shcduled for June 10th and they get result by Jun 20th, then would work on ur case again and if there is no RFE, you would get everything by Aug 2nd week (he he he...that was my expression).


No to say that every one needs to be agree with him,as even I though that this is no possible, but his stand is that they may do it....

Plz share your thoughts,in fevor of this our against this also share your pleasure or displeasure on this.

thx a lot friends
 
What does not convince you manoj2003? It sounds rational interpretation.
 
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Jharkhandi,

ok...nice to see people sharing there view..but to be honest with you..do you think it would be so easy for them to make i-485 ready so fast....what abt all that secuirty check and all other drama which takes years and years?

thx once again
 
Originally posted by manoj2003
Jharkhandi,

ok...nice to see people sharing there view..but to be honest with you..do you think it would be so easy for them to make i-485 ready so fast....what abt all that secuirty check and all other drama which takes years and years?

thx once again
Click to expand...

I do not think there is any reason for this delay. See

http://www.fbi.gov/congress/congress04/garrity022504.htm

how FBI makes checks!

I had mentioned this on one of my posts:

http://www.immigrationportal.com/showthread.php?threadid=120598&perpage=15&pagenumber=2
 
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What will happen to the concurrently filed cases that I140 has been approved but I485 pending? Doesn't that mean these I485 should be approved right away?
 
Originally posted by manoj2003
Jharkhandi,

ok...nice to see people sharing there view..but to be honest with you..do you think it would be so easy for them to make i-485 ready so fast....what abt all that secuirty check and all other drama which takes years and years?

thx once again
Click to expand...

Oh my friend, up to my knowledge, most of the years of suffering for the applicant translate in years of her/his paper work sitting in a shelf. In other words, the actual time needed to process the whole I-140 / I-485 package is of the order of a few days at most. The rest of the time your stuff is waiting idle to be considered. This is the more vexing part of it ... it's all about the backlogs.
 
Originally posted by LCSilence
What will happen to the concurrently filed cases that I140 has been approved but I485 pending? Doesn't that mean these I485 should be approved right away?
Click to expand...

This time I think USCIS is serious about reducing back-logs or atleast part of it. But the scenario you sighted will not be approved right away - it does not fit in domain of memo.
 
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Originally posted by mendieta
Oh my friend, up to my knowledge, most of the years of suffering for the applicant translate in years of her/his paper work sitting in a shelf. In other words, the actual time needed to process the whole I-140 / I-485 package is of the order of a few days at most. The rest of the time your stuff is waiting idle to be considered. This is the more vexing part of it ... it's all about the backlogs.
Click to expand...

Very true mendieta.
 
Would you guys agree with me that we may not be able to see any more approvals in next 4 days or so?

would you guys think that they may stop working on i-140s right away and would restart processing them under new rule from May 1st?

I just have this feeling, this is my personal openion though, I may be wrong here.
 
So, it is a bad thing to have I140 approved then. Because this means you I485 is back in the nonpriority queue.
 
LCSilence - that is what looks like.

manoj2003 - I would not say that there will not be any more approvals - but some of the 'not so lucky' people may get 140 done(concurrent filers***) and more number of non-concurrent filers will also get approvals.

But number of concurrent filers(***) getting approved will be really less.

***I use concurrent in this post in sync with my interpretation of same against Fujie Ohata's memo.
 
Let me know if you agree with this ...

The memo proposes a new processing methodology for concurrently filed 140/485 applications and lays guidelines on how the applications should be processed. It does not talk anything about pending I-140 applications or I-485 applications, whether or not they were concurrently or independently filed.

It also clearly signals that a concurrently filed 140-485 application should be considered a new product line.

The backlogs for EB 485s that are at NSC can be classified as follows:

1. Pending 485 filed independently after approval of I-140
2. Pending 485 filed concurrently with I-140 .... 485 pending after approval of I-140
3. Pending 485 filed concurrently with I-140 also pending

For all of the above categories a clear processing priority (meaning RD or ND or whatever) has already been established. It is a different matter whether the CIS processes by this order or not.

The Ohata memo seeks to establish a new product line - fresh and concurrently filed 140-485 applications after the date of the memo (3/31/2004).

Since it is new and given that the other categories have mammoth backlogs, I personally do not think large number of resources will be transferred from those categories to the new one to the detriment of those catgeories. It simply is not logical and does not serve any useful purpose and opens the door for accusations of discriminations, which, make no mistake, it will be.

I understand it is CIS that we are talking about, here and hence there is really no place for logic. (point to note here: NSC has already stated to AILA that existing 485 processing might slow down because of the new directive from the Ohata memo - which leads me to believe that the existing resources assigned to existing 485 cases at NSC are so low that any change, even a minor one, will negatively impact processing of existing backlogs).

CIS perhaps believes, and rightly so, most (90%+) future I-140 applications will be concurrently filed with 485 applications as well. Given the fact that the memo directs the 140 and 485 be processed at the same time, the entire package will probably go to the same adjudicator, instead of different people as it probably happens now.

Thus establishing this as a new product line and laying out clear guidelines for it to be processed is probably a good thing to do. But they need to balance this with adequate resource allocation to process this product line.

CIS will probably move a part of a current senior team of adjudicators handling 140 applications moved over to handle this new product line and be additionally tasked with addressing its concurrently filed 485. I also expect a limited number of 485 adjudicators moved over to help with the new team as needed.

Bottom Line: Existsing speed of 485 processing will not be hampered dramatically becuase of this change (unless the team processing the 485 is so small - say 2 adjudcators - that moving some - or 1 - away will seriously impact processing speed).

140s filed concurrently with 485 will be benefited the most. Those fringe cases where 140 is not filed concurrently will suffer the most, as they are exceptions and will not be considered norm.

Thoughts, people?
 
Nothing is going to change

It is not going to affect any I-485 line. Only difference is I-140 and I-485 will be adjudicated together. For the people who filed con-current will not have separate RD/ND for I-485 applications. I-140 and I485 will be treated as one total case. It seems that the only idea behind this memo is to show reduced number of cases in the backlog.

It will be clear when they declare monthly processing dates next month for this new con-current line. I am anticipating it will be somewhere in Aug or Sept 2002

With this memo no one is gaining any thing. The lose is these con-current files may not be able to use AC-21.
 
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