Originally posted by sairam1
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?
