Is NSC going to approve one concurrent case at a time ?

[iknowitall]

Is there a draught at NSC or what ? Are they going to approve one case in a week ? I complete 180 days in August and my job is in a little risk after August. I don't know if I will still have it. I do have an option to change though. But this rate at which NSC is clearing 140s specially concurrently filed is going to kill us. I have not heard of a single 140 this week other than Oct filer. If there are any please post.

No one even has any idea of what dates they are looking at . Sometimes they approve Feb 2004 and than a Oct 2003. We are totally in the dark here, God help us.

Any new approvals please post ???????

 

[Sabu]

We are totally in the dark here, God help us.

Just now I got response from the GOD.

His Response is " Sorry, I cannot help you in this. You are dealing with USCIS and nobody knows whats going on there, including me"

Just kidding..

naanshi.

 

[Elnegro]

Iknowitall,

Although we are still in the dark re. approvals, there is a strong oppinion on some attorneys that AC21 still stands even if 140 is not approved and 180 days of 485 has passed. You should research this possibilty if your job position is at risk.
Elnegro

 

[aws]

elnegro,

could you share further with us on where or which attorneys assured you that I-140 approval is NOT required for using AC21 once I-485 is pending for 180+ days?

Due to the controversy surrounding this issue, I am almost washing-off hands of a dream job due to my I-140 pending since 10/21/2003.
thanks!

 

[Elnegro]

elnegro,

could you share further with us on where or which attorneys assured you that I-140 approval is NOT required for using AC21 once I-485 is pending for 180+ days?

Due to the controversy surrounding this issue, I am almost washing-off hands of a dream job due to my I-140 pending since 10/21/2003.
thanks!

There is not much more to it. I specifically asked this to 2 different attorneys and they said that 140 approval was not necessary to apply AC21. I Suggest you consult with a 3rd one to see what he has to say.
Elnegro

 

[octFiler]

elnegro,

could you share further with us on where or which attorneys assured you that I-140 approval is NOT required for using AC21 once I-485 is pending for 180+ days?

Due to the controversy surrounding this issue, I am almost washing-off hands of a dream job due to my I-140 pending since 10/21/2003.
thanks!

aws,

I have been there and I know how painfull it would be to loose your dream job that to after being so close. Same thing happened to me, I got appointment letter for this dream job with excellent designation/role/salary/perks and also is a very very stable, may be i need not worry for a decade atleast if i had taken that job. I was in same dilema as you are now and ended up not taking the job and two montsh latter my 140/485 gets cleared with out rfe or anything now if i look back i feel i should have taken it but what would have happened if i got a rfe or 140 is denied or or or.....................

Life is full of strange choices, if things work out fine at the end everybody will say smart move and good choice and if it doesnt work they say its the dumbest choice and u will also feel u have made dumbest of choice...so it is all relative.

My suggestion to you would be, write down all teh positive points of taking this job on one side and negetive things that would happen if your 140 gets denied on other side.....and then see if you are prepared enough for the worst case scenario and if it is worth taking that risk, also while evaluating try to evaluate how co-opertaive ur x-employer would be after u change jobs.

After doing all this, i have decided not to take teh dream job........for i thought i "MIGHT" get the offer again and so better wait for that instead of messing with USCIS.

These were just my thoughts....but there migth be other people who might be willing to take risks in life and are very sucessfull ......

Thanks,
octFiler.

 

[aws]

Octfiler,

thank you for the excellent piece of advice....i hope my case follows urs since, I also filed for I-140 on 10/21/03!!

i am still evaluating risks involved...not yet decided what to do....

 

[iknowitall]

Guys read this Update on concurrent cases on murthy.com

For the time being, we are continuing to receive approvals of I-140s in concurrently filed cases within the posted timeframes and well in advance of the I-485. It does appear, however, that the new procedures are having an impact on at least some of the cases. As time goes on, this is likely to increase. The significance of this for many applicants is that, if their I-140s are not approved, they may not be able to take advantage of AC21 portability based on the current USCIS policy as enunciated in the August 2003 USCIS Headquarters policy memo. Although the AC21 law itself only requires that the I-485 have been pending for at least 180 days, and does not require that the I-140 petition be approved for the I-485 applicant to enjoy portability, the USCIS position is that the I-140 petition should be approved. This new processing development creates significant legal and policy issues since the USCIS, by its own interpretation and actions, may have nullified the benefit of AC21 portability and violated the intent of Congress.

For the complete story go to this link,

http://murthy.com/news/n_485upd.html

we are stuck and its all thanks to Ohata.

 

[octFiler]

Octfiler,

thank you for the excellent piece of advice....i hope my case follows urs since, I also filed for I-140 on 10/21/03!!

i am still evaluating risks involved...not yet decided what to do....

Good luck with ur choice and ur pending applications.

btw, did you file for EAD renewal oflate,if not try filing it ASAP..who knows, if that kicks your processing and if ur 140 gets approved in a week or two, you might take the new job as well......

no guarantees but definitely worth a try......

Thanks,
octFiler.

 

[aws]

OctFiler,

I did apply for EAD renewal on-line on 07/24/04....hope that awakens the officer who would be adjudicating my case......

thanks!

 

[iknowitall]

i have everything applied and everything approved also that is ead,ap, fp, i fpd in april and that was the last thing i did on my application, so well now all they have to do is approve the application (140/485), that is when they get to it.

all we can do is hope for the best.

 

[Elnegro]

For the complete story go to this link,

http://murthy.com/news/n_485upd.html

we are stuck and its all thanks to Ohata.

Well, some of the content of this story is not right. We all seen OctFiler approved concurrently. That is not reflected in the story as they are saying that they are not approving filers of 03/04 since they are processing 02s.

Maybe it will be a good idea to ask Rajiv for his expert opinion of AC21 applicability under 140 not approved yet.
Elnegro

 

[astreix]

IknotItall,
There are a lot of guys in similar perdicament. I am myself a case where nothing has moved,since my applications have been filled in sept. In a ways it good thing ,but I have seen that most cases that RFE either get approved or denied. So you take your view of positive and go from them.on personal note,I have let go about 4 offers,but I would be rather consverative right now ,then mess a 3 years of painful waiting.

Hope that helps

 

[iknowitall]

Thanks everyone

Elnegro the point is that looking at NSC they are waiting for something ( i dont know what !!!!!!!!) to approve these applications, i mean i dont hear or see any approvals this week and the frequency is so slow that if they go this way they will start levelling out 140/485 processing times and that will do no one good. and whatever anyone might say it is very risky to go for AC21 without a 140 approval, because remember you are dealing with the USCIS here and they are more unpredictable than anyone can think off. they really should come up with a new ac21 rule if they want to keep people hanging like this.

lets see what happens.

 

[Elnegro]

Thanks everyone

Elnegro the point is that looking at NSC they are waiting for something ( i dont know what !!!!!!!!) to approve these applications, i mean i dont hear or see any approvals this week and the frequency is so slow that if they go this way they will start levelling out 140/485 processing times and that will do no one good. and whatever anyone might say it is very risky to go for AC21 without a 140 approval, because remember you are dealing with the USCIS here and they are more unpredictable than anyone can think off. they really should come up with a new ac21 rule if they want to keep people hanging like this.

lets see what happens.

Yes , I agree. NCS need to show improvement fast to see how the new processing is reducing the backlog. I am very positive and optimistic after seeing OctFiler approved. I think we will start to see several aprovals for concurrent filers soon.
Elnegro

 

[gcbandwagon]

Whats the use of a lawyer????

I have paid about 5000$ as of yet to my lawyer for my GC,yet whenever I ask
him why 140 is stuck for close to 9 months at NSC (I filed in early Nov), he gives a standard reply "Be patient,Just wait!!!!!".My question is why pay these guys at all....for such crapy answers?????I fill the forms,collect the documents ,take the photos and foot the bill....then what is the lawyer for???My job here is at stake if anything does not happen soon at NSC....

 

[iknowitall]

you might just get lucky

To me its all clear guys, NSC has no clue themselves of whats going on. They take out a memo one day and they approve a few cases , sometimes they say they will follow the 140 processing date for concurrent cases sometimes we read and they say the 485 processing dates (currently at Feb 02) will be followed. we should all just go in hibernation and sleep and stop wasting our times on these forums because we see a concurrent approval and we assume NSC is back on track, than some news comes out which says that they will follow 485 dates. its all ****** up in simple words.

its like the officers are blindfolded and go to a rack to pick up a case from the shelf and if they get hold of yours , you just got lucky, if not keep waiting till your turn comes.

october filer, thats the way you got approved i think

 

[Elnegro]

Iknowitall,

Great insight !
I do not believe on the 485 processing date theory. The Ohata Memo clearly states that 140s date rules and gives the priority.
What I don't seem to understand is what the ***k is keeping these guys from starting to approved 485s of recently approved 140s. What is going on ?????
Elnegro

To me its all clear guys, NSC has no clue themselves of whats going on. They take out a memo one day and they approve a few cases , sometimes they say they will follow the 140 processing date for concurrent cases sometimes we read and they say the 485 processing dates (currently at Feb 02) will be followed. we should all just go in hibernation and sleep and stop wasting our times on these forums because we see a concurrent approval and we assume NSC is back on track, than some news comes out which says that they will follow 485 dates. its all ****** up in simple words.

its like the officers are blindfolded and go to a rack to pick up a case from the shelf and if they get hold of yours , you just got lucky, if not keep waiting till your turn comes.

october filer, thats the way you got approved i think

 

[iknowitall]

nice discussions going on but just wondering any new approvals at all at NSC for 140 ? havent heard of anything since octfiler and thats been more than a week. no point discussing that article on murthy.com, what we should be worried about is the frequency these cases are being approved at. that really worries me, if thats the pace they go at they might really level 140/485 in the middle somewhere on an avg and that could be a year. so no AC21 till than is what the point is here.

what do you guys think ?