Interpretation of Fujie Ohata's Memo

Re: Re: Re: F.Ohata memo

What I can tell you so far is that nothing unusual happened yesterday, in any center. As per my understanding of the F.O. memo the big change was suppose to start yesterday and we know that USCIS is working on Saturdays (and maybe Sundays) ... but it is way too early to have any conclusions.

I think it will be interesting to see what will hapen with I140, FP as well, not only concurrent fillings ... slowing of the I140 can mean different things, all of them important for us.

I hope that next wek will give us some answers ...

Originally posted by hmd
it is too early to say. now that we have passed the Apr 30 th deadline we just have to wait and see..

Ppl should post thier approvals on whatever app thier get approved ( solo I140 ,both I140 I485 )

This will give atleast some idea on how the memo is being implemented. i guess the ppl who have both I140 and I485 pending and FP done and the ND is before the present Ofiicail processing Date ( i think Aug 8 th 03) should see some action in coming weeks on their apps
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I am too waiting for what will happen about the memo since i will be filing 140/485 concurrently this week.I will surely update u guys if i get to know anything.
thanks
 
Re: Re: F.Ohata memo

Originally posted by !@#$
Looks like concurrent filers should forget about I-140. If everything is perfect in the application, it will be approved at the same time as the 485.

F.O. memo is not promising anything such as faster processing. It is difficult to assess the intention and spirit of the memo without commitment.
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Exclamation at hash(or hashed??) dollar a.k.a !@#$,

I like it - FO memo. :D
 
http://www.usimmigration.net/pages/10/index.htm

Concurrently Filed I-140/I-485s

Question: Regarding your March 31, 2004 interoffice memo (90/16.45) providing guidance for concurrent adjudication of concurrently filed I-140s and I-485s, kindly clarify the following points: (a) Are your instructions equally applicable to concurrently filed cases that are (i) currently in the pipeline and (ii) not yet adjudicated (or just to cases filed concurrently from now on)?

USCIS Answer: If there has been no adjudicative action regarding the I-140, our recent memo would also apply to concurrently filed I-140/I-485 cases that are in our adjudication pipeline. If we have already adjudicated the I-140, our memo would not apply.

Question: Do you plan to have a single PTR [Processing Time Report] date for I-140s filed as stand-alone and for (same classification) I-140s filed concurrently with I-485s? (In other words, will an EB3 I-140 filed on April 27, 2004 be adjudicated at the same time as a concurrently filed EB3 I-140/I-485 filed on April 27, 2004?)

USCIS Answer: There would be one PTR date for I-140s filed as stand alone and concurrent filings. However, if the case is a concurrent filing, the I-140/I-485 packet will be pulled when the I-485 is adjudication ready (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.

Question: Does "concurrently filed I-140 and I-485" mean both forms are filed at the same time? If an I-140 is filed on April 27, 2004 and the I-485 is filed on May 20, 2004, under the concurrent filing regulations is this filing sequence - here only a few weeks apart - considered a concurrent filing for these purposes?

USCIS Answer: For the purpose of implementing this memo - concurrent filing means any I-140/I-485 filed at the same time or a subsequent I-485 filing pursuant to a pending I-140 if no adjudicative action has been taken on the I-140.
 
How can I get my PF ready and name cleared?

Hi, I heard that under the new procedure, they won't process concurrently filed I140/I485 until the finger print is ready and the name is cleared.

Now my question is, how do they decide which finger print they need to collect first, and which name they need to clear first??? Does that mean there is a waiting queue for FP and name clearance as well?

eaglejoeli

I140 EB1EA, EB2NIW, I485
ND 07/09/2003
 
Re: How can I get my PF ready and name cleared?

Originally posted by eaglejoeli
Hi, I heard that under the new procedure, they won't process concurrently filed I140/I485 until the finger print is ready and the name is cleared.

Now my question is, how do they decide which finger print they need to collect first, and which name they need to clear first??? Does that mean there is a waiting queue for FP and name clearance as well?

eaglejoeli

I140 EB1EA, EB2NIW, I485
ND 07/09/2003
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That queue is more or less random. They will send you FP notice when they want it.
 
Will take some time!

I feel it is going to work like this:

First of all VSC is going to generate a lots of FP notices. (Maybe 2-3 months at a time). Once that starts coming in (will take a week), then this memo's effect will be visible.

Also it will not update your last update date for your case in your portfolio. Keep fingers crossed.
 
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some trusted source told me that FPs are genereted by computer s/w based on avialable appointments and some kind of automated logic involved in that, there is no human interection in the process.......is this info valid?
 
Originally posted by manoj2003
some trusted source told me that FPs are genereted by computer s/w based on avialable appointments and some kind of automated logic involved in that, there is no human interection in the process.......is this info valid?
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Not really, else FP notices would be predictable. It employs batch process for printing - that is for sure. Since cases entered in database, while entering the criteria for FP you can choose between several options and it seems to make intelligent choices.

manoj2003 - how could you possibly assume - someone under VSC roof could be intelligent enough or logical(including computers). :D
 
you are right dude, my fault....:D i guess sangat ka asar hai..by all the time thinking abt INS i have started talking like them...:D

so what u think? when would they come up with next batch? any info or thought?

thx for sharing this info though...
 
Well if that's the case, I hope they don't have any bug in that software! Why don't they hire me to write software for them and then file I140/I485 for me in return?

Does USCIS hire foreigners to do computer job? Does USCIS file I140/I485 for its own employees? I can offer them a FREE program to get I140/I485 approved in 2 days and get rid of the backlog problem once and for all!:D
 
The guy who fires prints seems to have gone for training on memo. Once he is back - he will do a test on old cases - maybe send FP notice to a GC holder. :D
 
Originally posted by eaglejoeli
Well if that's the case, I hope they don't have any bug in that software! Why don't they hire me to write software for them and then file I140/I485 for me in return?

Does USCIS hire foreigners to do computer job? Does USCIS file I140/I485 for its own employees? I can offer them a FREE program to get I140/I485 approved in 2 days and get rid of the backlog problem once and for all!:D
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That is why you do not have a chance - unke pet par laat maarte ho - berojgar kar doge - unke biwi, girlfriends, girlfriends ke bachchon aur unke apne bachchon ka to socho - itna paap woh sadhu inke liye hi to kar rahe hain. :D
 
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Why I was so happy about the I140 approval. :( I thought I was lucky.

This clearly put I140 approved concurrently filer to disadvantage.
 
Originally posted by LCSilence
Why I was so happy about the I140 approval. :( I thought I was lucky.

This clearly put I140 approved concurrently filer to disadvantage.
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Dude be happy - you can use AC-21. Don't complain that you never got a chance to enter dark tunnel.
 
On another note, if they are going to adjudicate concurrent cases by the 140 processing date, hopefully they are not talking about the number of days they show in the status, i.e. 90 to 485 days which is not that different from 365 to 540 days that shows up for 485. All this memo thing may just be an eyewash, something to think about.

joyd.
 
Not sure joyd how it is going to look like. I see a lots of desparate posts here and there - for those - I will suggest allow a week to VSC. In this time most probably we will start seeing results.

They stopped working in middle of last week(less number of approvals), they must be settling down with new process. It is going to start with FP notices. I am sure, they are sending out FP notices right now. The flip side is that FP notices are not shown on your uscis tracker portfolio, neither are dates changed for last activity, so it looks nothing is happening.

For old concurrent filers(140 not approved, FP done) - please understand - your name check may not have arrived. Validity of name check is not for long period.

Do not expect to see everything in full steam tommorow(if it happens - nothing like it). Also try to follow NSC threads - they have implemented change before VSC. They are couple of weeks ahead of VSC(but do not underestimate VSC - it has been addressing more cases than almost any service center and still maintains a very close processing date.).
 
more detailed fuji interpretation

directly from law firm:


Concurrent Filing of I-140 and I-485 Applications
The U.S. Citizenship and Immigration Services (CIS) launched a nationwide initiative in April 2004 to establish special adjudication procedures for concurrently filed I-140s and I-485s in employment-based immigrant visa petitions where a visa number is immediately available. Generally, in a concurrent filing, both the immigrant visa petition (I-140) and the application for adjustment of status (I-485) are submitted to the CIS at the same time.[1] In a memorandum from Fujie Ohata, Director of Service Center Operations, to her subordinate Service Center Directors (“Ohata Memo”), Director Ohata ordered that concurrently filed I-140/I-485 applications be adjudicated by a single, specially-established team based on the initial filing date of the I-140 rather than the I-485. The Ohata Memo gave the Service Centers until April 31, 2004, to implement procedures to concurrently adjudicate I-140/I-485 filings. Prior to the issuance of this memorandum, the Service Centers were first adjudicating the I-140 immigrant visa petition and then returning the file to the processing queue for eventual adjudication of the I-485 application(s).

In response to the Ohata Memo, the California and Nebraska Service Centers announced pilot programs to rapidly adjudicate concurrently filed I-140/I-485 applications. The California Service Center (CSC) announced they would adjudicate within 90 days of filing those “pure” (same day) concurrently-filed I-140/I-485 applications that are based on approved labor certifications for qualified immigrants with advanced degrees (EB2), excluding those applications based on a national interest waiver. CSC Director Don Neufeld announced at a March 31, 2004 meeting with the American Immigration Lawyers’ Association that the 90-day adjudication would be subject to clearance of fingerprints and name checks. A CSC spokesperson indicated that as part of the Pilot Program, CSC will also try to clear out EB2 concurrent cases filed previously within the coming months. One goal of the program will be to adjudicate applications fast enough to eliminate the need for EAD and Advance Parole documents. In addition to the CSC’s pilot program, the CSC will also be making a concerted effort to reduce the processing times on all concurrently filed petitions to meet the goals of the Ohata Memo. This means that in addition to the pure concurrently filed EB2 applications, the CIS will also be prioritizing all concurrently filed applications.

Meanwhile, the Nebraska Service Center (NSC) announced it had initiated a pilot program to adjudicate I-140/I-485 applications within 75 days of filing, but it was unclear immediately which types of applications would be included in the NSC Pilot Program. The NSC announced that it hopes to lower total processing times on all I-140/I-485 concurrent filings to less than one year.

Jackson & Hertogs will continue to monitor these programs, and ensure that our clients take full advantage of available expedited processing procedures. However, it is important to note that these procedures could be changed or discontinued by the CIS at any time without prior notice. At this time, we do not believe that it would be beneficial for individuals with pending I-140 visa petitions and adjustment of status applications to withdraw those applications and re-file to take advantage of the programs for “pure” concurrent filings. The CIS has clarified that concurrently filed I-140/I-485 cases that are currently in their adjudication pipeline will be processed under the Ohata Memo standards and, as such there would be no need to refile these applications to benefit from the new procedures. Also, those individuals with already approved I-140 immigrant visa petitions are not eligible for consideration under concurrent filing.


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[1] Concurrent filing also allows for the I-485 to be filed after a receipt is issued for the I-140 immigrant visa petition. For purposes of ease, we refer to this as a “catch up” concurrent. When both applications are physically filed at the same time, we refer to this as “pure” concurrent.


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© Jackson & Hertogs LLP, 2004.0428
 
Belony - I can't believe INS/BCIS/USCIS

Receipt Number: lin0415250615

Application Type: I485, Application to Register Permanent Residence or to Adjust Status

Current Status:

Your I485 Application to Register Permanent Residence or to Adjust Status was received on May 1, 2004. We mailed you a receipt with information about processing. It is taking between 570 and 600 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

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Check this out. I thought come May 1st the processing time of I485 will be around 90 days. But the thats not true. So I don't know what this Fujie Memo means?
 
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