January/February/March 2004 - Filers

Ohata Memo - 2 Questions

:confused: 2 Questions for this forum:

So far we have seen some 140s of concurrent filers (Jan/Feb/March) getting approved. Great news. We also saw 485 RFE getting Issue.

Question #1: If 140 according to Ohata Memo will be approved only if 485 is ready to be adj. Why we see 485 RFE AFTER 140s got approved?

Question #2: The fact that they are asking for 485 RFE does not mean that they will transfer those to Adjudication.... Maybe they are doing their "homework" of cleaning up the 485s.

I know this does not sound optimistic, but since we have not seen any 485s concurrent approval for filers like us, we could be missing the point.
Elnegro
 
I-140/485 filed in Jan 04......no approval no FP notice, no change in online status.......anybody else in the same boat??
 
btw how long does it take to get FP notice....my 140 was in Jan 04, nothing as yet.
Also do I get the notice or does my attorney get it or both?? Does the online status change when FP notice is generated?
 
bhoonbhu said:
I-140/485 filed in Jan 04......no approval no FP notice, no change in online status.......anybody else in the same boat??
Click to expand...
I filed my I140/485 concurently in NSC in Jan 2004, got EAD/FP done, no other response thereafter.
 
Please provide feedback

Bigbadwolf, Iknowitall, Anybody, what do you guys thik about this?
Elnegro

Elnegro said:
:confused: 2 Questions for this forum:

So far we have seen some 140s of concurrent filers (Jan/Feb/March) getting approved. Great news. We also saw 485 RFE getting Issue.

Question #1: If 140 according to Ohata Memo will be approved only if 485 is ready to be adj. Why we see 485 RFE AFTER 140s got approved?

Question #2: The fact that they are asking for 485 RFE does not mean that they will transfer those to Adjudication.... Maybe they are doing their "homework" of cleaning up the 485s.

I know this does not sound optimistic, but since we have not seen any 485s concurrent approval for filers like us, we could be missing the point.
Elnegro
Click to expand...
 
well the thing is even getting an rfe for 485 immidiately after a 140 approval means , that the case is being considered for adjudication . in the past people did not hear about 485s till very long after 140 so i would consider it a good sign. the thing is if the case gets approved even within months of 140 it would probably be considered concurrent adjudication . and well guys we have to cut some slack for NSC i dont think they can handle alot at one time so i am going to be optimistic and take this as positve :) but again recently NSC is becoming the most unpredictable center for 140 and 485 processing so lets just wait and see and keep our fingers crossed
 
Elnegro,
If we were to strictly look at the ohata memo, it says that 140 will be frozen until 485 is ready to be adjudicated This is a key phrase. According to bcis, I understand that this means that the fp and name check should be complete. I am not sure if this includes something more i.e. the criteria for which the RFE was issued in the above cases.

I can easily understand how the 140 got approved and the 485 got an RFE for the concurrent filing application. BCIS does not say that 140 will be approved after 485 is adjudicated.

This could be an implementation of the ohata memo. I am keeping fingers crossed that they will pick up some speed after processing some applications. Remember one thing though, currently the 485 times are close to > 24 months. They had indicated in the backlog reduction memo that they were targeting a time of 20 months (I think) for 2004. If that is the case and if we assume they are sincere about it, they would have to process some applications in <14 months in 2004 to achieve that goal.

Regards
 
What the hell these NSC adjucating officers doing every day !!!!!

Now I am very much convinced that NSC picked 1-5 cases from each month from June 03 to Apr 04, worked on those cases and approved them. I wonder why did they do that. What was special about these cases ? After reading through approval cases here and there I could not find any pattern.

Are they afraid of 485 litigation lead by Rajiv Khanna trying to make a case that they have approving GC in 10 months or making a case that each case is different and hence the big backlog ?????

Does anyone have an idea as to how many adjucating officers are working on I140 and I485 ? I believe the actual time required to approve one I140 and 485 must not be more than 4 days (8 hours a day) once FP is done. Just imagine 20 adjucating officers working on I140/485 for the last 2 months they should have approved 220 cases in the period of 44 working days.

How many cases were approved in last 2 month 140 or 485 or combined !!!!!!
 
Question

My case
I140 & 485 : pending (ND 1/22/04 )
Ead & Ap : 3/12/04
FP done: 5/19 /04

I still have my H-1 valid till next year but didn't revalidate (stamp) it in my passport.
Two Questions:
1) If i travel abroad, Is it safe to use AP (as my I-140 is pending) or do i need to get my H-1 revalidated?
2) My wife is looking for a job and if she finds one and use the EAD, will i need to move from H-1 to EAD?

I would greatly appreciate if any of you could give your suggestions..
Thanks
 
Thanks for the thouthgs

Iknowitall, Bigbadwolf,

Thank you for the helpful insight.
Definetely interesting points. It is a good point to reinforce that 485 should be ready for adjudication to move the 140s. Also the memo said that the 140 RD will be the priority to process the case.

In the past they would't waste their time in looking at 485s that were going to be processed in 2-3 years. Now they are looking at them and asking for RFEs.

You know how average are affected by extreme points. From a pure numbers perspective it gives better results if INS processes recent cases as it moves the "processing time" - if it is calculated as average- to a much recent date and give them more leverage.

Like you guys said, lets be optimistic and hope that we are right and that we will start to see many concurrent filers approved soon.
Elnegro
 
I-140 Approved

I dont find anyone using the current Approvals Thread so would like to inform the Forum here.
My case

EB3/RIR CP OPTION
- DOL Approved on 22Apr04
- I140 RD 5/10/04,
- I140 ND 05/12/04
- RFE For Ability to Pay : 06/17/04.
- RFE Replied 7/7/04.
- I-140 Approved on 7/14/04.

Just saw it online. Approval Notice is in mail. thanks everyone for sharing and Good luck C U in CP forum.
 
Re: Bhasu

Bhasu,
Could you please share with us , how big is your company, # of employees etc. and how could you guys prove the "Ability to Pay"

Thanks in advance,
ABT
 
Bhasu,
Congrats!!!. After your attorney replied to the RFE, when did the online status change to Recieved the RFE documents??

naanshi.
 
Processing Centers Performance - immigrationwatch.com

At http://immigrationwatch.com/ I found some interesting information.
It is showing cases processed and approved in May and June 04 at 4 services centers for 485 and 140 filings.

I found that none of the centers (I know, it is different than what we are hearing here and there) did approve 485's filed on 04.

NSC is approving only (so far) cases of 2002.

NSC on 140s, on the other hand, is approving cases filed on 03 and 04.

Now, in total processing statistics, it is showing that NSC so far has processed only 5,000 cases (in almost 1/2 of the year) while in 2003 processed 17,000 cases. Great for a center that is trying to improve their processing times :mad: :mad: :mad:

Not only that, the approval rate for 140s lowered from 63% to 26%...

I hope this guys know what they are doing.
Elnegro
 
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