My interpretation USCIS memo concurrent adjudication

[radsam]

The way I read this for, already filed concurrent applications and those for which I140's has been delayed due to the wait on the readiness of the 485 applications but their priority date is current, is that this rule does not apply to them.

What that means is that if you filed ur 140 concurrently with 485 and ur 485 is ready for adjudication and ur priority date is current then USCIS can approve both 140 and 485 together. The reason for this is one that they still allow concurrent filing of the 140 and 485 applications if the priority date is current and second that they does not say that "do not approve 485 if 140 is aprrovable and priority date is current". Though they do say that do NOT wait to approve 140 if 485 is not in the approval state.

This is based on the 3 (b) "adjudication of the form I-140 however is no longer dependent of the adjucative readiness of I485" . So I think, if ur 485 is ready and priority date is current, then they can not only approve ur 140 but also 485. At the same what it also means that USCIS no longer wait for the 485 to be in ready to be adjudicated state to approve concurrently filed 140.

The March memo if I remember correctly says that do not process 140 until 485 is in ready to be adjudicated state, and now they say stop implementing this memo which means start approving 140 (140 is no longer dependent on 485 if filed concurrently) but at the same does not say that do not approve concurrent 485 (this was never part of march memo anyway) at the same 140 is approved time if PD is current



Thoughts?

Thanks.

 

[Gcdays]

Agreed, 100 %.

Guys make their own interpretations and scare even genuine cases.

The only sufferers of this new retro policy will be those who filed concurrently and looking for 485 approvals with PD after Jan 2002. Which may affect EAD and AP renewals too.

At the same time, USCIS also says they will revisit the PD in Mar /Apr 2005 in which case visa numbers will be available for some more period after Jan 2002.

But we have seen many funny things happening like:

485 approval without FP - which defies logic
485 approval without 140 approval.

and so on.

So guys, u can expect both the best and the worst from USCIS.

 

[Kandyala]

misleading

Do not mislead with your own interpretations.
Concurrent adjudication policy came on March 3rd 2004 which was effective from Apr 30 2004 in some Service centres.Now it has been cancelled(rescind).
Here after I-140 and I-485 processing goes back to old process (before apr
30 2004).

 

[radsam]

I do not agree with you on this. The new memo itself allows the concurrent filing of 140 and 485 iff PD is current. Wheras it specifically says two things:
1. Fuji memo is cancelled. Fujie memo never said to approve both together. All it says approve 140 only iff 485 is ready for adjudication.
2. It says 140 is no longer dependent on the adjudicatve readiness of 485, this is where it details not to follow the Fujie memo.

So the intrepretation that they can still approve both iff concurrently filed and iff PD is current is not at all misleading.

Do not mislead with your own interpretations.
Concurrent adjudication policy came on March 3rd 2004 which was effective from Apr 30 2004 in some Service centres.Now it has been cancelled(rescind).
Here after I-140 and I-485 processing goes back to old process (before apr
30 2004).

 

[harry_potter]

Radsam

Radsam,

The question is which processing date will be used to adjust 140-485 together? Fuji memo said, 140-processing date will be used. Since, Fuji memo is cancelled, 485 will be adjusted based on the 485-processing date.

It's my guess, my 2 cents.

Thanks,
Harry_Potter

I do not agree with you on this. The new memo itself allows the concurrent filing of 140 and 485 iff PD is current. Wheras it specifically says two things:
1. Fuji memo is cancelled. Fujie memo never said to approve both together. All it says approve 140 only iff 485 is ready for adjudication.
2. It says 140 is no longer dependent on the adjudicatve readiness of 485, this is where it details not to follow the Fujie memo.

So the intrepretation that they can still approve both iff concurrently filed and iff PD is current is not at all misleading.

 

[will_get_there]

Harry_potter's guess is my guess too. With Fujie Memo on concurrent adjudication recinded, 140 and 485 will be separated on arrival and in processing. Thus 140 will be approved based on 140 processing dates and 485 will be picked up based on 485 processing dates. Not sure though if the service centers will heed to thsi guidance because this is a GUIDANCE memo.

Its similar to what they did with Fujie memo, some service centers applied it completely ( TSC, CSC) and some service centers completely ignored it ( VSC and NSC) and kept approving 140s in 2-3 months while not touching 485s. Thus crux of the matter is that we will have to wait and watch how the service centers interpret and apply this guidance and that will be clear in coming few months only.

In my view, TSC should apply this guidance only to those cases which are filed concurrently already and are subject to retrogression. Those folks can atleast get their 140s cleared fast and use AC21 for some liberty in the job market. For all else, concurrent adjudication still makes sense. But again this is just how I would use the memo if I was a TSC officer so I can be totally wrong.

 

[radsam]

I think the Fujie memo never asked to approve 485 based on the 140 dates, so the approval of concurrent 140 will still stay on the 140 filing date, the only diff is that it is no longer dependent on 485 just like before Apr 2004.

Approval of 485 for concurrent is still a grey area and thats when I say if all is good they can approve it with 140. Keep in mind though that there are number of people who have already given FPs around Sep/Oct/Nov/Dec 2003 and for some of them USCIS has already completed the adjudicative readiness of 485, they have even issued RFE's for some of these cases. And when issuing RFE for 140 the 485s have already been reviewed. So on their part it would make sense to approve both 140 and 485 if the PD for 485 is current, else the effort done on 485 will go in vain. Since the memo does not stop them from approving 485 with the 140, so if all the other criteria is met then I think they should and they will approve both.

Radsam,

The question is which processing date will be used to adjust 140-485 together? Fuji memo said, 140-processing date will be used. Since, Fuji memo is cancelled, 485 will be adjusted based on the 485-processing date.

It's my guess, my 2 cents.

Thanks,
Harry_Potter

 

[rpranesh]

Hi,
Should we send a mail to Mr.Yates to indicate that concurrently approving I140/1485 if everything is ready to AD practice should continue.

NSC/VSC people do not have a problem if thier I140 and I485 are AD separately as thier I485 date is also not very far off when compared to TSC I485 date (July 2002)
I waited 3 years to get labor and was partly happy with ohata memo since i was expecting GC within one year from ND (six months from now). Now if they delink, i have to wait another 2 years to see my GC :-(

I am very sad today.....

I140/I1485 AD: 06/14/2004

 

[radsam]

I agree when its time to get the benefits, they are no longer available. On TSC 485 dates, I hear from my attorney that these dates are too defensive and that they should be publishing more accurate dates soon. Reading at the 485 posts, it appears to me even though they show july 2002, but they are acting on the cases as late as dec 2002. I will not be surprised as that was done in 140 recently when the dates jumped from aug 2003 to jan 7 2004.

I doubt if Mr Yates would even bother about our email, but then it does not hurt.

Hi,
Should we send a mail to Mr.Yates to indicate that concurrently approving I140/1485 if everything is ready to AD practice should continue.

NSC/VSC people do not have a problem if thier I140 and I485 are AD separately as thier I485 date is also not very far off when compared to TSC I485 date (July 2002)
I waited 3 years to get labor and was partly happy with ohata memo since i was expecting GC within one year from ND (six months from now). Now if they delink, i have to wait another 2 years to see my GC :-(

I am very sad today.....

I140/I1485 AD: 06/14/2004